Please read all these provisions
(“terms”) carefully before using this Web site.
Using this Web site indicates your agreement and
acceptance of these terms. If you do not accept these terms, do
not use this Web site or download materials from this site.
The Site and its Use
The Team Dayton Web site is owned and provided by
Team Dayton.
For purposes herein, Team Dayton (TD) this/these
site(s) are referred to herein as the "Site." This Site is
provided for your personal information and non-commercial use.
Please feel free to browse the Site; however, your
access to and use of the Site is subject to the following Terms and all
applicable laws:
• You
shall use the Site for lawful purposes only.
•
You shall not post or transmit through the Site any information
or material which violates or infringes, in any way, the rights of
others, or which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane, harassing, or
otherwise objectionable.
• Nor shall you post or transmit through the
Site any information or material which encourages conduct that would
constitute a criminal offense, give rise to liability or otherwise
violate any law or administrative ruling or guidelines, is in violation
of these Terms, or which, without Team Dayton 01s prior written
approval, contain advertising or any solicitation with respect to
products or services.
Any conduct by you that, in TD's opinion, restricts
or inhibits any other user from using or enjoying the Site will not be
permitted.
The Site contains information and material,
including, but not limited to, text, software, photos, video, graphics
and audio, (collectively "Materials") which are derived in whole or in
part from information and materials supplied by TD and other sources,
and are protected by international copyright, trademark and other laws
and the entire content of the Site is copyrighted as a collective work
under the United States Copyright Laws.
TD owns the copyright in the overall selection,
coordination, arrangement and enhancement of such content, and owns the
rights in, or license to use, the individual components of such content.
Materials may not be copied, reproduced,
republished, modified, uploaded, posted, transmitted or distributed in
any way or decompiled, reverse engineered or disassembled, including but
not limited to the text, images, audio and/or video, as well as any
software (including but not limited to any images or files incorporated
in or generated by the software or data accompanying such software),
except that you may download one copy of the Materials on any single
computer for your personal, non-commercial use only, provided you keep
intact all copyright, trademark and other proprietary notices and make
no change in or deletion of author attribution.
This limited authorization is not a transfer of
title in the Materials and by your use of the Site, you acknowledge that
you do not acquire any license, ownership or other rights to the
Materials.
Modification of the Materials or use of the
Materials for any other purpose is a violation of TD's or such other
sources' copyright, trademark and other proprietary rights and may
violate other laws.
The use of any such Materials on any other Web site
or networked computer or environment is prohibited without TD's express
written consent. If you breach any of these Terms, your authorization to
use the Site automatically terminates and you must immediately destroy
any downloaded or printed Materials.
Disclaimer
The site and materials and related communications
are provided “as is” without any representations or warranties, express
or implied, of any kind, including, but not limited to, warranties of
merchantability, non-infringement, or fitness for particular purpose..
Some jurisdictions do not allow for the exclusion
of implied warranties, so the above exclusions of implied warranties may
not be applicable under certain circumstances. Under these
circumstances, all other exclusions remain in force.
TD does not warrant the accuracy, reliability or
completeness of any information contained on this site. Nor does it
warrant or represent that any information may be suitable for use in any
circumstance or application. By using this site you acknowledge that any
reliance on any such materials, advice, statement or information shall
be at your sole risk.
TD assumes no responsibility and shall not be
liable for any damages of any nature caused by the use of this site.
This express disclaimer includes damages caused by viruses, worms,
trojans or any other computer software or anomaly that may infect,
affect, or damage your computer hardware, software, memory or any other
property of yours or others, as a result of your access to, use of, or
browsing in this site.
Third-Party Sites
TD may provide as a convenience to you, links to
Web sites operated by other entities and persons, but makes no
representations whatsoever about any other Web site which you may access
through this one. Any link to a non-TD Web site does not mean that TD
endorses or accepts any responsibility for the content, or the use of
such Web site.
If you use these sites, you do so at your own risk.
TD makes no warranty or representation regarding, and does not sponsor
or endorse, any linked Web sites or the information or materials
appearing thereon or any of products and services described thereon.
Furthermore, links do not imply that TD is
affiliated or associated with, or that any linked site is authorized to
use any trademark, trade name, logo, or copyright of TD.
Limitation of
Liability
Your use and browsing of the Site is at your risk.
If you are dissatisfied with any of the Materials contained in the Site,
or with any of these Terms, your sole and exclusive remedy is to
discontinue accessing and using the Site.
Under no circumstances will TD, its suppliers or
other third parties mentioned at, or involved in creating, producing, or
delivering the site be liable for any direct, incidental, consequential,
indirect, special or punitive damages whatsoever (including without
limitation, costs and expenses of any type incurred, lost profits, lost
data or programs, and business interruption) arising out of your access
to, use, inability to use or the results of use of the site any Web
sites linked to the site, or any materials contained at any or all such
sites (including but not limited to those caused by or resulting from a
failure of performance; error; omission; linking to other Web sites;
interruption; deletion; defect; delay in operation or transmission;
computer virus; communication line failure; or destruction, unauthorized
access to, alteration of, or use of any computer or system), whether
based on warranty, contract, tort, negligence, strict liability, or any
other legal theory and whether or not TD was advised of the possibility
of such damages.
TD shall have no liability or responsibility for
any acts, omissions, or conduct of any user or third party.
TD's obligations and responsibilities regarding its
products and services are governed solely by TD's terms and conditions
of sale or license under which such products and services are sold or
licensed.
Copies of such terms and conditions are available
from the applicable TD entity.
Information Provided
By You
By submitting information and material to the TD,
you automatically grant to TD (or warrant that the owner of such
information and material has expressly granted to TD) a royalty-free,
perpetual, irrevocable, unrestricted, right and license to use,
reproduce, display, perform, modify, adapt, publish, translate, transmit
and distribute, or otherwise make available to other such information
and material (in whole or in part and for any purpose) worldwide and/or
to incorporate it in other works in any form, media, or technology now
known or hereafter developed. You also agree that TD is free to use any
ideas, concepts, know-how, or techniques that you send TD for any
purpose.
Changes
TD reserves the right, in its sole discretion, to
revise these Terms at any time and correct any errors or omissions in
any portion of the Site and Materials. Materials may also be changed,
modified, added, or removed and updated without notice at any time;
however, TD is under no obligation to update Materials.
You should revisit these Terms from time to time to
review the then-current Terms because they are binding on you.
Linking to Site
Anyone linking to TD's Site must comply with TD's
guidelines for linking to TD's Site and all applicable laws.
International Users
The Site is administered by TD from the United
States. Materials published at the Site may refer to programs or
services that are not available in your country.
Furthermore, TD makes no representation that the
Materials at the Site are appropriate or available for use at other
locations outside of the United States and access to them from
territories where their contents are illegal is prohibited.
You may not use the Site or export information and
materials in violation of the export laws of the United States or any
other country. If you access the Site from a location outside of the
United States, you are responsible for compliance with all applicable
laws.
Governing Law
These Terms shall be governed by the laws of the
State of Ohio, without giving effect to any principles of conflicts of
law. If any provision of this Agreement and Terms shall be
unlawful, void, or for any reason unenforceable then that provision
shall be severable from these Terms and shall not affect the validity
and enforceability of any remaining provisions.
These Terms constitute the entire agreement between
TD and you with respect to your use of the Site.
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