Terms of Service
Pregame Terms of Service
Last Updated: June 1, 2009
1. ACCEPTANCE OF TERMS
3. DESCRIPTION OF SERVICE
Pregame provides services and content relating to the world of sports, as described more fully on the Site (the "Service"). The Service includes any service and content Pregame performs for you, as well as the offering of any materials displayed or performed on or through the Service, such as text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively "Content"). Pregame may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or content. Pregame may restrict functionality or your access to parts or all of the Service without notice or liability.
You can browse Pregame and enjoy the Content without registering. In order to post any new Content or access certain features of the Service, you must register with Pregame and select a password and screen name ("Pregame User ID"). You may not select or use as a Pregame User ID a name that is offensive, vulgar or obscene. Pregame reserves the right to refuse registration of, or cancel a Pregame User ID in its sole discretion. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your Pregame password.
You are solely responsible for the activity that occurs on your account, whether or not undertaken by you. You must notify Pregame immediately of any breach of security or unauthorized use of your account. Although Pregame will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Pregame or others due to such unauthorized use.
By providing Pregame your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt out or change the frequency of certain Service-related communications by sending an email message to email@example.com, with the word "No email" in the subject field.
We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending an email message to firstname.lastname@example.org with the word "No email" in the subject field.
Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
6. USER CONDUCT
By way of example, and not as a limitation, you agree not to use the Service:
1. to abuse, harass, threaten, impersonate, or intimidate other Pregame users;
2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose.
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Pregame user;
5. to create or submit unwanted email or other messages ("Spam") to any other Pregame users or any Pregame URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission or in any manner which may cause a denial of service ("DOS") event. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interefere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to this Site;
9. with the intention of any other organized effort that in any way artificially alters the results of the Services.
Pregame may remove any Content or deactivate any Pregame account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
7. USER CONTENT
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service (your "User Content"), you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including any Intellectual Property Rights (as defined below) or rights of publicity or privacy. Pregame reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
Pregame takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Pregame is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Pregame shall not be liable for any damages you allege to incur as a result of such User Content.
Your User Content includes any blog and/or forums post you provide via Pregame.
You are solely responsible for your interactions with other Pregame Users. We reserve the right, but have no obligation, to monitor disputes between you and other users occurring on or in connection with the Service.
By posting any User Content, you expressly grant, and you represent and warrant that you have a right to grant, to Pregame a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, transmit, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
OUR PROPRIETARY RIGHTS
We care about the privacy of our users. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
9. WARRANTY DISCLAIMERS
You acknowledge that Pregame has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Pregame from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Pregame makes no representations concerning any content contained in or accessed through the Service, and Pregame will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PREGAME, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
PREGAME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PREGAME WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL PREGAME, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF PREGAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL PREGAME BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States and is intended for use by individuals located within the United States. Pregame makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you wish to terminate your Pregame account, you may discontinue using the Service by sending an email message to email@example.com with the word "Terminate account" in the subject field.
Pregame requires that users of the Site respect the copyright and other intellectual property rights of all third parties. In accordance with the Digital Millennium Copyright Act (DMCA), Pregame will terminate, where warranted as determined in Pregame's sole discretion, users whom Pregame believes are intentional and/or repeat infringers.
If you believe that your copyright in any material has been infringed on the Site, please send a "DMCA Notice" described below to Pregame's DMCA Agent. To be effective, federal law requires your DMCA Notice to include the following information:
• Identification of the copyrighted work that you claim has been infringed.
• Identification of the material that you claim is infringing, with sufficient detail so that Pregame may readily locate it.
• Information sufficient to permit Pregame to contact you such as your name, address, telephone number, and e-mail address.
• A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner.
• The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.
The DMCA Notice must be submitted to the following DMCA Agent:
Attn: Tom Patt
3230 East Flamingo Road #415
Las Vegas, NV 89121
Last Updated: August 13, 2008
This policy does not apply to the practices of third parties that Pregame does not own or control, or to individuals that Pregame does not employ or manage.
What Personal Information About Users Does Pregame Collect?
Our primary goal in collecting personal information is to provide you with a friendly, customized, and efficient experience. We collect the following types of information from our users:
1. Information You Provide to Us:
We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The personal information we collect includes:
• Registration: In order for you to use certain Pregame services, such as posting content to the blogs or forums, you must complete a registration form including your full name and email address.
• User Content: You may post your own stories on the Service as well comment on the stories of others (collectively your "User Content").
2. Automatic Information:
• We receive and store certain types of non-personally identifiable information whenever you interact with us. Pregame automatically receives and records certain "traffic data" on our server logs from your browser including your IP address, Pregame cookie information, and the page you requested.
• Pregame may display a counter on any page indicating the total number of times that page has been viewed. This includes member profile pages.
• Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. Pregame cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or email address is.
The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies , how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. You may choose to disable or reject cookies when using the Service, but you may not be able to access some of Pregame's most attractive features.
How Does Pregame Use My Information?
• Social sharing of User Content: Pregame allows other users to browse stories that you have written, edited, or commented on. This information is made available via your member profile. Pregame may choose to post this data on other site features in the future.
• Profile information: Pregame allows other users to browse your full name, and blog URL within your member profile should you provide this optional information.
• Syndication: Pregame allows for the RSS syndication of all of its public content within the website.
• Traffic data: Pregame uses this traffic data, including information gathered from cookies, to help diagnose problems with our servers, analyze trends, research the market for our services, and administer the website.
Will Pregame Share Any of the Information it Receives?
We will not rent nor sell your personal information to anyone. We share your personal information only as described below.
• With Your Consent: Except as set forth above, you will be notified when your personal information may be shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to prevent the sharing of this information by opting out.
Is Information About Me Secure?
• Your Pregame account information is protected by a password for your privacy and security. You are responsible for maintaining the secrecy of your password and account information.
• Only Pregame employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.
* Pregame uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Pregame and you do so at your own risk. Once we receive your transmission of information, Pregame makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. This information includes your User Content. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other users have copied or stored your User Content.
What Information Can I Access?
You can access your personal information on our website and correct, amend, or delete information that is inaccurate by visiting your user profile setting page.
What Choices Do I Have?
• You can always opt not to disclose information, but then you may be unable to use certain features on our website.
• You can choose to disable or reject cookies from the Service, but you may not then be able to access many features of Pregame.
• You can add or update certain information on pages of the Site. When you update information, however, we often maintain a copy of the unrevised information in our records.
• You may request deletion of your Pregame account by emailing us at firstname.lastname@example.org.
Can Children Use Pregame's Services?
You must be at least 13 years or older to register to use the Pregame website. Children between the age of 13 and 18 must have parental consent to register. Pregame does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on Pregame. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
Please e-mail firstname.lastname@example.org
Pregame Community Guidelines
Sustaining an energetic yet respectful community is the backbone of the Services.
Since its inception, a vast array of sports fanatics have flocked to Pregame with a single goal in mind: to build a community around their passion for sports. They debate with one another in a thoughtful and analytical manner; they discuss their favorite teams and players in earnest.
Encouraged Pregame Conduct
You are strongly encouraged to participate in the following activities on the Pregame network at any time:
• Write thoughtful, analytical articles about your favorite sports, teams, and players.
• Read any and all articles on the network.
• Show your support for the author, offer a rebuttal to the argument put forth, or just talk some plain old smack in the comment threads.
• Post links in comment threads that are relevant to the topic at hand.
• Stay in touch with other members by posting shout-outs on their bulletin boards.
Discouraged Pregame Conduct
You should not participate in any of the following activities on the network. If other members report that you are regularly doing any of the following, you will receive a warning. Any repeat offenses after you have received your first warning will result in the termination of your account.
• Make vehement personal attacks in comment threads or bulletin boards against members whose opinions you disagree with.
• Use language or make allusions anywhere on this Site that the average Pregame member finds racist, sexist, or offensive.
• Demean or humiliate a writer for giving their best effort.
• Intentionally annoy other members or disrupt the general conversation in comment threads.
Prohibited Pregame Conduct
Your account will be immediately terminated and the proper authorities may be contacted if it is believed that you have done any of the following on the network:
• Harassed other members via threat of physical, mental, emotional, or sexual harm.
• Made other members feel unwelcome because of their gender, culture, race, ethnic background or sexual preferences.
• Uploaded photos onto the network that are pornographic, copyrighted, or illegal in any nature.
• Used Pregame for commercial use without permission.
• Drastically impeded upon the positive Pregame experience of another member in any way, shape, or form.
What to Do if you See Misconduct on the Network
If someone on the network is interfering with your Pregame experience, making you feel uncomfortable in any way, or acting in a manner inconsistent with Pregame's Community Guidelines, please contact the Community Director, at email@example.com.
What to Do if you See Brilliance on the Network
One of the ways Pregame is able to sustain itself as a comprehensive open source sports community is through the positive contributions of its members. If another member has done something on the network that you find noteworthy or deserving of commendation, please contact Community Director, at firstname.lastname@example.org.