TERMS OF USE

Your use of this website, www.sackupsports.com, (?Web Site?) and the online services contained therein is subject to the following Terms of Use. Please read them carefully.

1. ACCEPTANCE OF TERMS OF USE
This online service and the associated Web Site (the ?Service?) is provided by Sack Up Sports, LLC, a Georgia limited liability company (?We? or ?Company?) to the person using the Service (?You? or ?Your?) under these Terms of Use (the ?Terms?) and any operating rules or policies that may be published from time to time by Company. Together with any other written contract, the Terms comprise the entire agreement between You and Company and supersedes all prior agreements between the parties regarding the subject matter contained herein. YOU AGREE TO READ THE TERMS CAREFULLY BEFORE USING THE SERVICE. Use of the Service signifies that You have read the Terms and accept them. If You do not agree to the Terms, do not use the Service and any such use is unauthorized.

2. DESCRIPTION OF SERVICE
The Service is a website which offers social networking, including blogging, classified posting, trail maps, online discussion, video posting, information posting and other materials and services to its users and visitors which are related to winter sports such as skiing and snowboarding. Additional information may be posted on the Service as well.

3. USE OF THE SERVICE
In General
In order to access some of the features of the Service, You may be required to create a personal account. You may never use another?s account without such other person?s permission. When creating your personal account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. The Company can be contacted by email at customerservice@sackupsports.com.
Although the Company will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses of the Company or others due to such unauthorized use.
You represent and warrant that all information You furnish in connection with Your use of the Service is accurate, complete and current to the best of Your knowledge and belief and meets all requirements of all applicable laws and regulations.
You are responsible for installing any products furnished by third party suppliers that are necessary to access the Service. We will provide reasonable assistance according to our then current policies and procedures.
The Service (especially, the Web Site) may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites. In addition, You expressly relieve the Company from any and all liability arising from Your use of any such third party website.
Use of Service Content
The following restrictions and conditions apply specifically to Your use of content in connection with the Service.
The content contained on the Service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (?Content?) and the trademarks, service marks and logos contained therein (?Marks?) are owned by or licensed to the Company and are subject to copyright and other intellectual property rights under the law. Content on the Service is provided to You ?AS IS? for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the Contents? respective owners. The Company reserves all rights not expressly granted in and to the Service and the Content.
You may access User Submissions solely:
1. For your information and personal use;
2. As intended through normal functionality of the Service; and
3. For Streaming (in the case of video User Submissions).
?Streaming? means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a user?s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing video User Submissions for any purpose or in any manner other than Streaming is expressly prohibited. Video User Submissions are made available ?AS IS.?
Textual content voluntarily posted on the service by You and others (?User Comments?) are made available to You for Your information and personal use solely as intended through the normal functionality of the Service. User Comments are made available ?AS IS,? and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Service or otherwise as prohibited under this agreement.
Your access to Content, User Submissions, User Comments and other content on the Service only as permitted under this agreement. The Company reserves all rights not expressly granted in and to the Company Content and the Service.
You agree to not engage in the use, copying or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions and User Comments obtained through the Service for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to User Submissions from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its members, officers, employees, agents, licensors, and affiliates of all of the foregoing harmless to the fullest extent allowed by law regarding all matters relating to Your use of the Service.
Your User Submissions & User Comments
As a Service account holder, visitor or other permitted user of the Service, you may be permitted to submit User Submissions and User Comments. As used herein, ?User Submissions? means any content, whether audio, visual, textual or otherwise, which is posted on the Service by You and others accessing the Service. ?User Submissions? includes User Comments.
You understand that whether or not such User Submissions are published, the Company does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use such User Submissions and (ii) You hereby authorize the Company to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this agreement.
Consistent with the immediately preceding paragraph, You retain all of your ownership rights in Your User Submissions. However, by submitting User Submissions to the Service and the Company, You hereby grant the Company a worldwide, non-exclusive, royalty-free sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Service and the Company?s (and its successors, assigns, and affiliates) business, including without limitation for promoting and redistributing part or all of the Service (and any derivate works thereof) in any media formats and through any media channels as determined appropriate by the Company in the exercise of its sole discretion. The above licenses granted by You in video User Submissions terminate within a commercially reasonable time after You remove or delete Your video User Submissions from the Service. You understand and agree, however, that the Company may retain, but not display, distribute or perform, server copies of User Submissions that have been removed or deleted and that such retention may be, if so chosen by the Company, perpetual in duration. The above licenses granted by You in User Comments are perpetual and irrevocable.
In connection with User Submissions, You further agree that You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the rightful owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights herein granted to it.
You further agree that You will not, in connection with User Submissions, submit material that is pornographic or sexually explicit. You will not post video material showing graphic or gratuitous violence or material depicting graphic accidents, dead bodies and other similar sights or things which are objectionable to a reasonable person. User Submissions (especially User Comments) shall not demean a particular individual, gender, sexual orientation, race, religion, ethnic origin, veteran status, color, age, disability or nationality. You further agree that You use the Service for the purpose of stalking, threatening, harassing, violating the privacy rights, or revealing the confidential information of others (persons or entities). In the event You fail to adhere to the foregoing, the Company may suspend or permanently revoke your access to the Service without incurring any liability to You for such action.
The Company does not endorse any User Submissions or any opinion, recommendation, or advice expressed on the Service. The Company expressly disclaims any and all liability resulting from and relating to User Submissions. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and the Company will remove all Content and User Submissions if properly notified that any particular Content or User Submission infringes on another?s intellectual property rights. The Company reserves the right to remove Content and User Submissions without prior notice.
The Company reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use, other than where such Content or User Submission is alleged to constitute copyright infringement.
Classifieds
The Company reserves the right to reject any ad copy. All orders are subject in all respects to the Company?s current rules and regulations and current demands upon advertising space. The Company?s liability for an error will not exceed the cost of the space occupied by the error, and in no event shall the Company?s liability for Your use of the Service?s classified advertising services exceed the amount You paid for the use of such services. The Company reserves the right to edit, reclassify, revise, or cancel any advertisement at any time. Rates, if the Company chooses to charge advertising rates and specifications are subject to change. The Company does not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status.
Access to and Use of the Service
The Company reserves the right to suspend or terminate Your access and/or use of the Service for any reason or no reason whatsoever, at any time and without any prior notice.
Digital Millennium Copyright Act
If You are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (?DMCA?) by providing the Company?s Copyright Agent with the following information in writing: (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
- A statement that You have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company?s designated Copyright Agent to receive notifications of claimed infringement is: Customer Service. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Company?s customer service through email at customerservice@sackupsports.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Submission, You may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Atlanta, Georgia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company?s sole discretion.
You acknowledge that the Service does not include equipment, software or communication line access. You will, at your expense, be responsible for acquiring and maintaining all equipment, software and communication access necessary for you to use the Service.

4. MODIFICATIONS TO SERVICE OR TERMS
The Company reserves the right to modify or discontinue, temporarily or permanently, the Service for any reason, at its sole discretion, with or without notice to You.
Company likewise may change the terms and conditions of the Terms from time to time with or without notice to You. Any amendment shall be effective immediately with or without notice.

5. SECURITY/CONFIDENTIALITY
You acknowledge and agree that the Service is, and shall at all times remain, the sole and exclusive property of Company, our affiliates and/or our licensors and that Company and/or our affiliates (or our licensors) are the sole and exclusive owner of all rights to the Service, including any copyrights and all related renewals and extensions. You agree that the Service is proprietary and confidential and that You will not authorize or permit its contents to be conveyed or in any manner communicated or used by any third party or to be duplicated or reproduced without our prior written approval. Your right to use the Service is personal to You. You agree to use the Service solely for Your personal purposes and not to use the Service for commercial purposes (other than the Service?s classified services which may be used for commercial purposes). You agree not to sell, resell, or exploit for any commercial purposes, the Service or use of or access to the Service or any information or technology obtained from the Service. Links to and from the Service do not constitute an endorsement by Company.
You will maintain confidentiality concerning any confidential or proprietary information which You access through the Service and You will protect such information from unauthorized disclosure.
You will restrict unauthorized users from gaining access to the Service. You are responsible for maintaining the confidentiality of Your passwords and for any and all activities that occur under Your passwords or accounts. You agree to immediately notify Company of any unauthorized use of Your account or any other breach of security known to You.
You will take feasible steps to prevent transmission over the Service of any virus or other software routine designed or likely to permit unauthorized access to the Service or to disable, erase or otherwise harm any software, hardware or data accessible over the Service.
The confidentiality obligations of this section will survive the termination of Your use of the Service.
You agree to be solely responsible for Your actions and the contents of Your transmission through the Service.

6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ANY MATERIALS OR INFORMATION PROVIDED IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS.
COMPANY 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.
COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING INFORMATION OBTAIN FROM A LINK ON THE SERVICE) OR THAT DEFECTS IN THE SOFTWARE USED IN THE SERVICE WILL BE CORRECTED.
THE COMPANY ASSUMES NO LIABLIITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS (SECURE AND UNSECURE) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION, IF ANY, STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OR ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
THE COMPANY 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 HYPERLILNKED WEBSITE OR FEATURE IN ANY BANNER OR ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM FOR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THE SERVICE. ANY MAP OR TRAIL GUIDE LISTED, POSTED OR MADE AVAILABLE ON THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY AND THE COMPANY DOES NOT, IN ANY WAY, GUARANTEE THE ACCURACY OR COMPLETENESS THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS (SECURE AND UNSECURE) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR CONNECTED WITH THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO, THROUGH OR IN CONNECTION WITH THE SERVICE BY ANY THIRD PARTY, AND/OR ANY (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO THE FULLEST EXTENT PERMISSIBLE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by the Company from its facilities in the United States of America. The Company 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 as a consequence of the own volition and are responsible for compliance with local law.

8. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its officers, members, employees, agents and the affiliates of the foregoing from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expense (including but not limited to attorney?s fees) arising from (i) Your use of and access to the Service (including the Web Site); (ii) Your violation of any term of these Terms of Service; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right, or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive the termination of this agreement and your use of the Service.

9. TERMINATION
You agree that Company may terminate Your password(s), account(s), use of or access to the Service at Company?s discretion for any reason.

10. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. In addition, Company may post notices or links to notices through the Service to inform You of changes to the Terms, the Service, or other matters of importance.

11. ASSIGNMENT.
These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by You and may be assigned by the Company without restriction.

12. MISCELLANEOUS
The Terms and the relationship between You and Company shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Fulton County, Georgia.
Notwithstanding anything herein to the contrary, if there is any dispute about, involving or relating to the Service or these Terms, that the Company shall have the option to elect that such dispute be resolved by binding arbitration. If the Company so elects, such arbitration shall be conducted in the Atlanta metropolitan area, shall utilize the dispute resolution procedures of the American Arbitration Association (AAA) and the conclusion of the arbitrator shall be conclusive and binding absent manifest error; provided, however, that the foregoing shall not prevent the Company from seeking injunctive relief in a court of competent jurisdiction. The Company and You shall mutually agree as to the identity of such arbitrator. In the event that such an agreement is not reached, then each shall choose an arbitrator and the arbitrators chosen by You and the Company shall choose one arbitrator who shall conduct the arbitration contemplated herein.
The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed by You within one (1) year after such claim or cause of action arose or be forever barred.
In no event shall the Company and/or its affiliates be liable for damages caused by third parties not under our control or by other causes beyond our reasonable control, including, but not limited to, damages caused by third party telecommunications service providers.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Under no circumstances shall the Terms be strictly construed against the Company.

13. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not access or use the Service.
Sack Up Sports, LLC