Terms Of Use
AGREEMENT BETWEEN USER AND PBA
The Professional Bowlers Association ("PBA") web site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the PBA web site constitutes your agreement to all such terms, conditions and notices. Additionally, the PBA web site may contain additional terms that govern particular features or offers such as promotions, forums, chat services or other features.
MODIFICATION OF THESE TERMS OF USE
The PBA reserves the right to change the PBA web site as well as the terms, conditions and notices under which the PBA web site is offered, including but not limited to any charges associated with the use of the PBA web site. You are responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the PBA web site is for your personal and non-commercial use. The PBA grants you a limited, revocable and nonexclusive license to access and make personal use of the PBA web site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer exploit for any commercial purpose, or sell any content, information, software, products or services obtained from the PBA web site without express written consent from the PBA. You may not create a hyperlink to the PBA web site without express written consent from the PBA.
If you use the PBA web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
TRADEMARKS AND COPYRIGHTS
All content on the PBA web site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, together with the compilation of all content on the site, is the exclusive property of the PBA or its content suppliers and protected by United States and international copyright laws.
PBA, PROFESSIONAL BOWLERS ASSOCIATION and other marks indicated on
the PBA web site are registered trademarks of the PBA or its affiliates, in the
The following are trademarks or service marks of Professional Bowlers Association, LLC and may be used only with permission of Professional Bowlers Association, LLC: Professional Bowlers Association, PBA, PBA Tour, the Viper, Shark, Scorpion, Chameleon, and Cheetah oil pattern logos, the bowler silhouette, World Series of Bowling, and all other logos, trademarks, and service names associated with the Professional Bowlers Association, LLC. No portion of the Website may be duplicated, redistributed, or manipulated in any form.
You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of the PBA or its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the PBA's name or trademarks without the PBA's express written consent.
NOTICE OF COPYRIGHT INFRINGEMENT
The PBA respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please mail the following information to Copyright Infringement Department, Professional Bowlers Association, 719 Second Avenue, Suite 701, Seattle, Washington 98104 (phone: 206.332.9688; fax: 206.332.9722
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
CHILDREN
The PBA web site does not sell products for purchase by children. Our products are only for purchase by adults. If you are under 18, you may use the PBA web site only with the supervision of a parent or guardian.
LINKS TO THIRD PARTY SITES
The PBA web site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of the PBA, and the PBA is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. The PBA is not responsible for webcasting or any other form of transmission received from any Linked Site. The PBA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the PBA of the Linked Site or any association with the Linked Site's operators. You should carefully review the Linked Site's privacy statements and other conditions of use.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PBA web site, you warrant to the PBA that you will not use the PBA web site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the PBA web site in any manner which could damage, disable, overburden, or impair the PBA web site or interfere with any other party's use and enjoyment of the PBA web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PBA web site.
USE OF COMMUNICATION SERVICES
The PBA web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). Your use of the PBA web site constitutes your agreement to use the Communication Services only to post, send and receive messages and material that are related to the particular Communication Service and not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
Conduct, send or forward surveys, contests, pyramid schemes, chain letters, mass mailings or any form of "spam";
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Use a false email address, impersonate any person or entity or otherwise mislead anyone as to the origin of any communication or content;
Restrict or inhibit any other user from using and enjoying the Communication Services;
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
Harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
Violate any applicable laws or regulations.
If you post or submit any content or material to the PBA web site and/or through the Communication Services, you thereby grant the PBA and its agents and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content or material throughout the world in any media. You also grant the PBA and its agents, affiliates and sublicensees the right to use the name under which you submitted such content or material. You represent and warrant that you own or otherwise control all of the rights to the content or material that you post or submit, that the content is accurate, that use of the content does not violate these Terms of Use and will not cause injury to any person or entity, and that you will indemnify the PBA or its agents or affiliates for all claims resulting from content you supply. The PBA has no obligation to monitor the Communication Services. However, the PBA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The PBA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The PBA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the PBA's sole discretion.
RISK OF LOSS & PRODUCT DESCRIPTIONS
All items purchased from the PBA are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
The PBA and its affiliates try to be as accurate as possible in describing products offered for sale to users. However, the PBA does not warrant that product descriptions or other content of the PBA web site are accurate, complete, reliable, current or error-free. If a product offered by the PBA itself is not as described, your sole remedy is to return the product in unused condition.
LIABILITY DISCLAIMER
THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PBA WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THESE TERMS OF USE AND TO THE CONTENT ON THE SBA SITE. THE PBA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PBA WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE PBA WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE PBA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE OPERATION OF THE PBA WEB SITE OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PBA WEB SITE. ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE PBA WEB SITE IS AT YOUR SOLE RISK. THE PBA DOES NOT WARRANT THAT ITS SITES, ITS SERVERS, OR EMAIL SENT FROM THE PBA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PBA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL THE PBA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PBA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE PBA WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PBA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PBA WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PBA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PBA WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PBA WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting the PBA web site, you agree that the laws of the State
of
DISPUTE RESOLUTION
Any dispute relating in any way to the PBA web site or to products you purchase through the PBA web site shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate the PBA's intellectual property rights, the PBA may seek injunctive relief or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to the agreement, whether through class arbitration proceedings or otherwise.
SEVERABILITY
If any of the terms or conditions in these Terms of Use shall be deemed invalid, void or for any reason unenforceable, then that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
