- Acceptance of Terms
Your use of the Web Sites is subject to these TOU, which may be updated, amended, modified or revised by us from time to time without notice to you. It is important for you to refer to these TOU from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOU. Your use of the Web Sites constitutes your acceptance of these TOU.
- Description of Web Site Services
- Intellectual Property Ownership; License
- Links To Other Web Sites
- Our Linking Policy
Any web site that links to the Web Sites: (a) must not frame or create a browser or border environment around any of the Content of the Web Sites; (b) may link to, but not replicate, display, reproduce, the Content; (c) must not imply that Company or the Web Sites are endorsing, warranting or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false, deceptive, inaccurate or misleading information about Company or its products or services; (e) must not use any Company trademarks without the prior written permission from Company; and (f) must not contain content that could be construed as Questionable Content (as defined below). By linking to any of the Web Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these TOU, we reserve the right to deny permission to link to the Web Sites for any reason in our sole and absolute discretion.
- Acceptable Use
You will not, directly or indirectly, through your User Upload Information (as defined herein) or otherwise, use the Web Sites to:A) Upload, post, e-mail, transmit, display, distribute, promote, advocate, broadcast, or otherwise make available or accessible: (i) any material that is false, inaccurate, misleading, deceptive, unlawful, threatening, tortuous, disparaging (including disparaging of Company, its parent, subsidiaries or affiliates), anything that adversely affects Company business such as discouraging any person or entity from advertising with, linking to or supplying to Company, abusive, libelous, distasteful, controversial, defamatory, derogatory, discriminatory, slanderous, disparaging, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company’s sole discretion (collectively, “Questionable Content”); (ii) information, software, or other material that violates, plagiarizes, trespasses, contravenes or breaches, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary or Intellectual Property Right (“Infringement”); (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, malware, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Web Sites, interferes with or disrupts the Web Sites or servers or networks connected to the Web Sites, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Sites (collectively, “Virus”); (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Sites, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Sites; or (v) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation (collectively, “Junk Mail”);B) Encourage, promote, solicit, advocate or commit conduct that would constitute a criminal offense, give rise to tort or civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits, disparages or harms any individual, corporation or other entity;C) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; D) Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Web Sites are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;E) Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
F) Use or attempt to use another’s information, account, password, service or system except as expressly permitted;
G) Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users;
H) Copy or adapt the HTML code used to generate web pages on the Web Sites;
I) Use or attempt to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages provided on the Web Sites other than the search engine and search agents available from Company and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);
J) Post URLs or links to other web sites;
K) Post advertisements or solicitations for business;
L) Delete or revise any material posted by any other person or entity;
M) Send unsolicited commercial communication to another user; or
N) Aggregate, copy or duplicate in any manner any of the Content or information available from any of the Web Sites, without the express written consent of Company.
In no event shall you reuse, copy, reproduce, rearrange, sell, lease, rent, distribute, redistribute, modify, alter, sub-license, transfer, post, translate, create derivative works from, assign, loan, pledge, granting a security interest in, grant a lien on, encumber, convey, exchange, exhibit, perform, exploit, transmit, broadcast, index, cache, tag, encode, compile, form a collection with, adapt, or publish any Content without our express written consent.
You represent, warrant and agree that you will comply with the above acceptable use policy and none of your User Upload Information will breach or cause you to breach any of the above requirements.
- User Accounts, Additional Terms, and End User License Agreements
The Web Sites may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.
- Copyrights and Copyright Agents
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Company’s copyright agent for notice of claims of copyright infringement on or regarding the Web Sites can be reached as follows:
Bird Bowl Bowling Center
9275 SW 40th Street
Miami, Florida 33165
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
- Third Party Content and Information
The Web Site contains Content that is provided for your convenience and enjoyment. Third parties may provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to other terms and conditions, which may be found on the Web Site, links from the Web Site, or in the documents and policies of third parties. We make no representations, guarantees or warranties as to the legality, accuracy, authenticity, reliability, sufficiency, truth, suitability, quality, validity, timeliness, completeness, adequacy, currency of any Content and will not be liable for any lack of the foregoing. Third parties may offer goods, products, services and other materials to you on the Web Site. Your correspondence and business dealings with others found on or through the Web Site including, without limitation, the payment and delivery of products, goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and such third parties. You agree that Company, its affiliates and each of their officers, directors, owners, agents, representatives, partners and personnel (collectively, “Company Representatives”) will not be responsible or liable for any loss, liability, expense, cost, penalty, charge, or damage (collectively, “Losses”) of any sort incurred as the result of, related to or in connection with any such dealings or the offering of such products, goods, services, the third party’s relationship with you, and their Content on the Web Site. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content.Descriptions of, or references to, products, goods, services or publications within the Web Site do not imply endorsement, warranty or guarantee of that product, service or publication.
- Information You Submit
- Disclaimer of Warranties
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE, ” AND “WITH ALL FAULTS.” COMPANY, ITS AFFILIATES AND THEIR COMPANY REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY USE OR INABILITY TO USE OF, AND EACH MAKE NO REPRESENTATION OR WARRANTY, GUARANTEE, OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT,: (A) THE WEB SITE; (B) THE CONTENT, USER UPLOAD INFORMATION AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE.NONE OF THE COMPANY, ITS AFFILIATES OR COMPANY REPRESENTATIVES REPRESENTSOR WARRANTS THAT THE WEB SITE, ANY OF THE WEB SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY, ITS AFFILIATES OR COMPANY REPRESENTATIVES SHALL NOT BE LIABLE FOR SUCH EVENTS AND SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT.FURTHER, COMPANY, ITS AFFILIATES AND COMPANY REPRESENTATIVES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE OR THOSE RELATING TO LEGALITY, ACCURACY, AUTHENTICITY, RELIABILITY, SUFFICIENCY, TRUTH, SUITABILITY, QUALITY, VALIDITY, TIMELINESS, COMPLETENESS, ADEQUACY, OR CURRENCY. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
- Disclaimers/Limitation of Liability
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR COMPANY REPRESENTATIVES (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, GENERAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS, LOSS OF DATA, LOST SAVINGS, OR LOSSES ARISING FROM BUSINESS INTERRUPTION) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO OR IN CONNECTION WITH (1) THE TOU, THE WEB SITES, THE CONTENT, OR USER UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; AND (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE).THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY LOSSES TO YOUR OR ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOSSES FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S, ITS AFFILIATES’ OR COMPANY REPRESENTATIVES’ ACTS OR OMISSIONS, THE LOSSES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY USE OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY, ITS AFFILIATES AND/OR ITS COMPANY REPRESENTATIVES OR USER UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE USE, DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR USER UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING ANY OF THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”TO THE EXTENT CERTAIN JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY HEREUNDER OR OTHERWISE RENDER ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY UNENFORCABLE, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL BE MODIFIED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold harmless the Company Entities And Individuals with respect to any and all claims, demands, suits, investigations, Losses, judgments, settlements, costs and expenses, including attorneys’ fees, arising out of, related to or in connection with this TOU, including, without limitation: (a) your use of the Web Site; (b) your violation of these TOU or any law, rule or regulation; (c) your use of the Content or User Upload Information; (d) your disclosure of any access code or password related to the Web Site to others; (e) any agreement or relationship you have with a third party; or (f) any of your User Upload Information. You will use your best efforts to cooperate in the defense of any claim which indemnification is sought. Notwithstanding the foregoing, in the event you fail to properly assume defense of such claim or respond thereto within a reasonable period of time, or fail to properly defend such claim in a diligent and competent manner, Company may assume sole control and defense thereof and, upon such event, Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Company Entities And Individuals herein under the terms and provisions of this Section 14 on your account and on your risk. Company may participate in the defense of any such claim (or portions thereof) at its expense if it deems its interests conflict with those of yours in your defense thereof. In no event shall you settle or consent to any order on any claim without Company’s prior written approval.
- Governing Law
THESE TOU AND THE INTERPRETATION OF THESE TOU SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE OR THE UNIFORM COMPUTER INFORMATION TRANSACTION ACT.
- Jurisdiction and Venue
You waive all rights to trial by jury in any action or proceeding instituted in connection with these TOU and/or the Web Site. Any controversy or claim arising out of or relating to these TOU and/or the Web Site (or the enforceability thereof) shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 16 of these TOU and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York. You waive the defense of forum non conveniens.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site and the Content, including, without limitation, those governing your transmission or use of any software or data. These TOU and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Web Sites, the Content and User Upload Information and supersedes any and all other prior written or oral agreements between them. These TOU shall not constitute a formal offer, binding obligation or agreement to provide any Company product, process or service under any circumstance. An agreement for any Company product, process or service shall only be evidenced by a formal written agreement entered into by an authorized Company representative. The section titles in these TOU are for your convenience only and do not have any legal or contractual effect. You agree that these TOU will not be construed against Company by virtue of having drafted these TOU. If any provision of these TOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these TOU. No waiver on the part of Company of any of these TOU will be of any force or effect unless made in writing and signed by a duly authorized officer of Company.
Company reserves the right at any time to charge fees for access to portions of the Web Sites provided we obtain your prior agreement to pay such charges. We will give you advance notice of such fees and the opportunity to opt-out of any such features before such charges are imposed. You shall pay all fees and charges in a manner prescribed by Company at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Web Site or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Web Site through your account.
You understand and agree that Company will determine your compliance with these TOU in its sole discretion. Company reserves the right to terminate this Agreement at any time and/or deny access to all or part of the Web Sites and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these TOU may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation. Company may terminate these TOU and your access to the Web Site at any time for any reason without prior notice.