Terms Of Service

Terms of Use, from Giantsfootballblog.com

Please carefully read these terms and conditions of use (these “Terms of Service”) before using Giantsfootballblog.com (the “Site”). Your access to and use of the Site is subject to these Terms of Service (including the Privacy Policy of the Site) and all applicable laws. By accessing and using the Site, you signify your assent to these Terms of Service. These Terms of Service may be amended or modified at the sole discretion of Giantsfootballblog.com, or new conditions may be imposed, at any time with or without notice. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Service (including the Privacy Policy) will mean you accept those changes. If you do not agree to these Terms of Service, please do not use the Site.

1. OWNERSHIP AND USE RESTRICTIONS Giantsfootballblog.com is owned and operated by MetsBlog. (the “Operator).”

The content and materials contained within the Site (including, without limitation, video, audio, photos, text, images, statistics, updated scores and results, logos and all copyrights and intellectual property related to the Site, (the “Content”) are either owned by, or licensed to, Giantsfootballblog.com. The Content from the Site may not be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used in any manner, except as expressly provided in these Terms of Service, without the express written permission of Giantsfootballblog.com. The Operator maintain the Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download one copy of each piece of material displayed on the Site to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, prepare derivative works based upon, modify, transmit, reuse, repost, or use any materials of or from the Site for public or commercial purposes on any other website or otherwise without the express written permission of Giantsfootballblog.com.

Modification of any materials displayed on the Site in any manner is a violation of the Operator’s copyright and other proprietary rights.

The word marks and logos of Giantsfootballblog.com are the exclusive property of Giantsfootballblog.com -. All other word marks and logos (each, a “Trademark” and, collectively, the “Trademarks”) appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited.

Images of people or places displayed on the Site are either the property of the Operator or third parties. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted by the applicable copyright owner. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operator neither warrants nor represents that your use of materials displayed on the Site will not infringe upon the rights of third parties.

2. USE OF CERTAIN FEATURES In order to access certain features of the Site, you may be required to provide certain personally identifiable information about yourself, including your name, e-mail address and mobile telephone number. In consideration for our granting you access to these features of the Site, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested as and necessary for our provision of, and/or your registration for the use of, those features of the Site, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Giantsfootballblog.com has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, Giantsfootballblog.com has the absolute right to suspend or terminate your use of the Site. For information concerning how Giantsfootballblog.com collects and uses such information please see our Privacy Policy at: http://www.Giantsfootballblog.com You may receive a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. Giantsfootballblog.com is not responsible for any loss or damage arising as a result of your failure to comply with this Section 2.

3. MESSAGE FEATURES The Site may offer opportunities for you to send messages or postings in connection with various features including electronic mail, text messages, chats with special guests and forums to communicate with other users about various sports featured on the Site (each a “Message Feature” and, collectively, the “Message Features”). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name, telephone number (e.g., home, work mobile and/or fax) and e-mail address, which shall be collected pursuant to the Privacy Policy of the Site. You must use the Message Features in a responsible manner. By entering the Site, you expressly agree to not transmit any message (each, a “Message” and, collectively, the “Messages”) in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Site’s infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; and/or (ix) contains material irrelevant to the subject matter of the Message Feature.

The Operator shall have the absolute right, but not the obligation, to review, edit or delete any Message transmitted in any Message Feature that: (i) violates any term of these Terms of Service; and/or (ii) is otherwise illegal, offensive or inappropriate. The decision regarding whether a Message is offensive or inappropriate shall be within the sole discretion of the Operator. Depending on the nature of the violation, the Operator shall have the sole discretion to terminate your access to the Site at any time. Please be advised that the Operator will fully cooperate with any law enforcement authorities or court order requesting or directing the Operator to disclose personal information of anyone who submits a Message that violates the foregoing terms in accordance with the Privacy Policy of the Site. Although the Operator may from time to time monitor or review Messages submitted on the Site, the Operator is under no obligation to do so and assumes no responsibility or liability that may result from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by the Operator.

Messages submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and nonproprietary. By submitting a Message to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operator other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to the Operator described in Section 4 below.

4. SUBMISSIONS By transmitting any Message (see Section 3 above regarding Messages) or submitting creative ideas, concepts, know-how, techniques, suggestions or materials (each, a “Submission” and, collectively, “Submissions”), you are granting Giantsfootballblog.com a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, “Rights”). This means that anything submitted by you on or to the Site will be owned exclusively by Giantsfootballblog.com and may be used by Giantsfootballblog.com for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of Giantsfootballblog.com. Giantsfootballblog.com shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent.

6. VOTES The Site may offer you opportunities to vote in connection with certain events. By casting a vote, you signify your agreement to all special terms and voting guidelines set forth on the Site applicable to that event as well as in these Terms of Service.

8. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY While the Operators use reasonable efforts to include accurate and up to date information in the Site, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the content of the Site. The Operators make no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.

The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operator or any affiliate of any third party site or content. The Operator is not responsible for the availability of these third party resources, or their contents. The Operator has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of the Operator. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operator with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.

Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operator shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk.

10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Giantsfootballblog.com has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the “Designated Agent”). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:

Giantsfootballblog.com, LLC. [Address]

[Address]

To be effective, the notification must be a written communication that includes the following: (1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; (5) 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 (6) 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.

11. INDEMNIFICATION You hereby agree to indemnify and hold the Operator, Giantsfootballblog.com and each of their respective members, operators, directors, officers, employees, shareholders, agents, affiliates and representatives harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Site, including, without limitation, use of any Message Feature; and (ii) any breach or alleged breach of these Terms of Service.

12. TERMINATION OF SERVICE The Operator may, in its sole discretion, change, suspend or discontinue any aspect of the Site at any time with or without notice, including the availability of any Site feature, database, or content. The Operator may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time, in the Operator’s exclusive discretion, without prejudice to any legal or equitable remedies available to the Operator, for any reason or purpose, including, but not limited to, conduct that the Operator believes violates these Terms of Service or other policies or guidelines posted on the Site or conduct which the Operators believe is harmful to other customers, to the Operator’s respective businesses, or to other information providers. Upon any termination of this agreement, you immediately discontinue your use of the Site and destroy all materials obtained from it.

14. CHOICE OF LAW These Terms of Service shall be construed and controlled by the laws of the State of New York, United States of America. Further, any disputes relating to these Terms of Service or anything contained on the Site will be governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service or the Site shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the County of New York, State of New York, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Operator will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms of Service.

15. MISCELLANEOUS These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operator. The Operator in its sole discretion may amend these Terms of Service, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Acceptance of Terms of Use By using the Site, you signify your agreement to these Terms of Service in their entirety. If you do not agree with the terms included herein, you must not use the Site. Giantsfootballblog.com may change these Terms of Service at any time and in any manner, and your use of the Site after such changes are posted shall be deemed to indicate your acceptance thereto.