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This is the Berlin Dolphins Web Site Terms of Service.
Applies to
www.berlinfootball.org
(collectively "The Web Site"). When using the
Web Site and services (the "Website"), you agree to the terms and
conditions listed on this page (the "Terms of Service"). If you
do not agree to these Terms of Service then do not use the
Website.
General Terms of Service
The Website is brought to you by Mason Dixon Berlin Dolphin
Youth Football Inc.operating as Berlin Dolphins Cadets and
Junior Football of the Salvation Army League Salisbury,
Maryland. You are permitted to use the Website for personal,
non-commercial purposes only.
By using the Website, you agree to be legally bound and to
abide by these Terms of Service, just as if you had signed this
Agreement. If you do not comply with these Terms of Service at
any time, Berlin Dolphins Football reserves the right to
terminate your access to the Website. Berlin Dolphins Football
may discontinue or alter any aspect of the Website, including,
but not limited to, (i) restricting the time the Website is
available, (ii) restricting the amount of use permitted, and
(iii) restricting or terminating any user's right to use the
Website, at Berlin Dolphins Football 's sole discretion and
without prior Remember or liability.
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Content and Materials
You acknowledge that the Website contains information,
software, photos, video, text, graphics, music, sounds or other
material (collectively, "Content") and code that are protected
by copyrights, patents, trademarks, trade secrets or other
proprietary rights. All Content is copyrighted as a collective
work under the U.S. copyright laws, and Berlin Dolphins Football
reserves their rights of these copyright in the selection,
coordination, arrangement and enhancement of such Content.
Berlin Dolphins Football partners may also have additional
proprietary rights in the content that they make available
through the Website. You may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or
in any way exploit, any of the Content, in whole or in part,
except that you may not the materials on any
computer for your personal, non-commercial home use without
written permission. If permission is
provided you must keep intact all copyright and other proprietary
rights and acknowledge these right as reserved by both BW Cyber
Marketing and Berlin Dolphin Football. Modification of the materials or use of the materials
for any other purpose, including use of any such material on any
other Web site or networked computer environment is strictly
prohibited.
Berlin Dolphins' Privacy Policy
The Berlin Dolphins Football Privacy Policy describes how we
treat personal information provided when you use the Websites.
You can review it by clicking here.
Submissions
If at our request you send content (e.g., postings, contest
submissions, polling questions) or you send us creative
suggestions, ideas, notes, drawings, or other information
(collectively, the "Submissions"), such Submissions shall be
deemed, and shall remain, the property of Berlin Dolphins
Football. None of the Submissions shall be subject to any obligation
of confidence on the part of Berlin Dolphins Football , and
Berlin Dolphins Football shall not be liable for any use or disclosure
of any Submissions. Without limitation of the foregoing, Berlin
Dolphins Football shall exclusively own all now known or hereafter
existing rights to the Submissions of every kind and nature
throughout the universe and shall be entitled to unrestricted
use of the Submissions for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the
Submissions.
Links and Search Results
The Website may provide, or third parties may provide, search
results, screensavers, pictures or other links to other World
Wide Web Site or resources. Because Berlin Dolphins Football has
no control over such sites and resources, you acknowledge and
agree that Berlin Dolphins Football is not responsible for the
availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that
Berlin Dolphins Football shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such
site or resource.
Disclaimers
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF
WARRANTIES:
THIS WEBSITE IS OWNED AND PRODUCED BY Berlin Dolphins
Football , A NON-PROFIT ORGANIZATION AND ASSIGNS
(COLLECTIVELY REFERRED TO HEREIN AS THE "PROTECTED PARTIES").
THE WEBSITE IS PROVIDED 'AS IS' AND YOU USE THEM AT YOUR
SOLE RISK. Berlin Dolphins Football EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS.
WITHOUT LIMITATION, Berlin Dolphins Football AND THE PROTECTED
PARTIES MAKE NO WARRANTY THAT THE WEBSITES OR ANY SOFTWARE
DISTRIBUTED THERE FROM WILL MEET YOUR REQUIREMENTS, THAT THEY
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE
RESULTS OBTAINED FROM THE USE OF THE WEBSITES CONTENT WILL BE
ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE
WEBSITES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Berlin Dolphins Football AND THE PROTECTED PARTIES MAKE NO
GUARANTEES AS TO THE SITES AND INFORMATION LOCATED WORLDWIDE
THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE
USE OF THE WEBSITES, INCLUDING AS TO: (I) THE ACCURACY,
CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION,
OR (II) WHETHER ANY USE OF THE WEBSITES OR THEIR SERVICES MAY
LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.
PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU
FROM Berlin Dolphins Football OR STAFF OR THROUGH THE WEBSITES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE
TERMS OF SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY
NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROTECTED PARTIES
AND THEIR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
AGENTS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE
PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE WEBSITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
WEBSITES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES. IN
NO EVENT SHALL THE PROTECTED PARTIES TOTAL CUMULATIVE LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, SOLELY FOR
ACCESSING THE WEBSITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE
PROTECTED PARTIES, THEIR PARENTS, AFFILIATES AND SUBSIDIARY
COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND
AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES
AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES)
ARISING FROM YOUR USE OF THE WEBSITES, YOUR VIOLATION OF THE
TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY
OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR
OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY
NOTIFY Play It Safe Ocean City OF ANY UNAUTHORIZED USE OF YOUR
ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that Berlin Dolphins Football , in its sole
discretion, may terminate your account (or any part thereof) or
use of the Website, and remove and discard any Content within
the Website, for any reason, including, without limitation, for
lack of use or if Berlin Dolphins Football believes that you have
violated or acted inconsistently with the letter or spirit of
the Terms of Service. Further, you agree that Berlin Dolphins
Football shall not be liable to you or any third-party for any
termination of your access to the Website. We reserve the right,
at our discretion, to change, add, or remove portions of these
Terms of Service at any time. Please check back at this web page
periodically for changes. Your continued use of Berlin Dolphins
Football following the posting of changes to these terms will
mean you accept those changes.
Governing Law and Other Miscellaneous Terms
Unless expressly stated to the contrary elsewhere, all legal
issues arising from or related to the use of the Website shall
be construed in accordance with, and all questions with respect
thereto shall be determined by, the laws of the state of
MARYLAND applicable to contracts entered into and wholly to be
performed within said state. Any party seeking temporary or
preliminary injunctive relief may do so in any state or federal
court in MARYLAND.
Copyright and Copyright Remembers
Berlin Dolphins Football respects the intellectual property of
others, and we ask our users to do the same. Berlin Dolphins
Football may, in appropriate circumstances and at its discretion,
terminate the accounts of users who infringe the intellectual
property rights of others. If you believe that your work has
been copied in a way that constitutes copyright infringement,
please provide Berlin Dolphins Football Copyright Agent with
the following information:
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
- a description of the copyrighted work that you claim has
been infringed;
- a description of where the material that you claim is
infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that
the above information in your Remember is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf.
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