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StadiumRoar
Terms and Conditions
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Drafted 14 November, 2008
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Introduction StadiumRoar’s website and services
(collectively, “StadiumRoar”), are owned and operated by Unlocked Media, LLC (“we”,
“us” or “Company”). Using StadiumRoar means that you (“User”) have read and agree
to all the conditions put forward in the Terms and Conditions (“Terms and Conditions”,
“Terms of Use” or “Agreement”), whether you are a registered member of StadiumRoar
or not. We reserve the right to alter the Terms of Use at any time. If we do this,
we will post the alterations to the Terms of Use on this page, and include the date
this page was last revised. If we make any alterations, your continued use of StadiumRoar
will constitute your acceptance of these changes. It is your responsibility to regularly
check this page and see if there have been alterations to the Terms of Use. If there
are alterations you do not agree with, please do not continue to use StadiumRoar.
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Eligibility StadiumRoar is intended to be used
by people who are over thirteen (13) years old, or people who are under 13 years
old and have permission from a parent or legal guardian to use StadiumRoar. By using
StadiumRoar you confirm that you are at least 13 years old, or are under 13 years
old and have permission from a parent or legal guardian to use StadiumRoar.
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Account Information As a User of StadiumRoar,
you agree to (i) provide accurate and current information in your account (“account”)
as prompted to you by any page on StadiumRoar; (ii) monitor the security of your
password; (iii) take full responsibility for any actions taken by your account,
whether the actions are made by you or another person using your account.
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Proprietary Content All content on StadiumRoar
(“Content”), including graphics, text, applications, pictures, videos, software,
sound, information and any other files, and their selection and arrangement, are
proprietary property of the Company.
No Content may be modified, distributed, copied, framed, reproduced, republished,
scraped, downloaded, displayed, posted, transmitted, or sold in any form or by any
means, in whole or in part, without the Company's prior written permission, except
that the foregoing does not apply to your own User Content (as defined below) that
you legally post on StadiumRoar.
Provided that you are eligible for use of StadiumRoar, you are granted a limited
license to access and use StadiumRoar and its Content and to download or print a
copy of any portion of the Content to which you have properly gained access solely
for your personal, non-commercial use, provided that you keep all copyright or other
proprietary notices intact. Except for your own User Content, you may not upload
or republish Content on any Internet, Intranet or Extranet site or incorporate the
information in any other database or compilation, and any other use of the Site
Content is strictly prohibited. Such license is subject to these Terms of Use and
does not permit use of any data mining, robots, scraping or similar data gathering
or extraction methods. Any use of StadiumRoar and its Content other than as specifically
authorized herein, without the prior written permission of Company, is strictly
prohibited and will terminate the license granted herein.
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User Conduct You agree that no materials of any
kind submitted through your account or otherwise posted, transmitted, or shared
by you on or through StadiumRoar will violate or infringe upon the rights of any
third party, including copyright, trademark, privacy, publicity or other personal
or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
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In addition, you agree not to use StadiumRoar to:
- harvest or collect email addresses or other contact or personal information of other
users from StadiumRoar by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
- use StadiumRoar in any unlawful manner or in any other manner that could damage,
disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with StadiumRoar;
- upload, post, transmit, share, store or otherwise make available any content that
we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights,
hateful, or racially, ethnically or otherwise objectionable;
- register for more than one User account, register for a User account on behalf of
an individual other than yourself, or register for a User account on behalf of any
group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself,
your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on StadiumRoar
any private information of any third party, including, addresses, phone numbers,
email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally
identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate any local,
state, national or international law;
- use or attempt to use another's account, service or system without authorization
from the Company, or create a false identity on StadiumRoar or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in
the sole judgment of Company, is objectionable or which restricts or inhibits any
other person from using or enjoying StadiumRoar, or which may expose Company or
its users to any harm or liability of any type.
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User Content Posted on StadiumRoar You are solely
responsible for the photos, profiles, messages, notes, text, information, sound,
video, and other content that you upload, publish or display (hereinafter, "post")
on or through StadiumRoar, or transmit to or share with other users (collectively
the "User Content"). You may not post, transmit, or share User Content on StadiumRoar
that you did not create or that you do not have permission to post. You understand
and agree that the Company may, but is not obligated to, review the Site and may
delete or remove (without notice) any Site Content or User Content in its sole discretion,
for any reason or no reason, including User Content that in the sole judgment of
the Company violates this Agreement, or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of users or others. You are
solely responsible at your sole cost and expense for creating backup copies and
replacing any User Content you post or store on StadiumRoar or provide to the Company.
When you post User Content to StadiumRoar, you authorize and direct us to make such
copies thereof as we deem necessary in order to facilitate the posting and storage
of the User Content on StadiumRoar. By posting User Content to any part of the Site,
you automatically grant, and you represent and warrant that you have the right to
grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully
paid, worldwide license (with the right to sublicense) to use, copy, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part) and distribute
such User Content for any purpose, commercial, advertising, or otherwise, on or
in connection with StadiumRoar or the promotion thereof, to prepare derivative works
of, or incorporate into other works, such User Content, and to grant and authorize
sublicenses of the foregoing. You may remove your User Content from StadiumRoar
at any time. If you choose to remove your User Content, the license granted above
will automatically expire, however you acknowledge that the Company may retain archived
copies of your User Content. StadiumRoar does not assert any ownership over your
User Content; rather, as between us and you, subject to the rights granted to us
in these Terms of Use, you retain full ownership of all of your User Content and
any intellectual property rights or other proprietary rights associated with your
User Content.
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Third Party Websites and Content StadiumRoar may
contain links to other web sites ("Third Party Sites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information, applications,
software and other content or items belonging to or originating from third parties
(the "Third Party Applications, Software or Content"). Such Third Party Sites and
Third Party Applications, Software or Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third Party Sites accessed through StadiumRoar or any Third Party Applications,
Software or Content posted on, available through or installed from StadiumRoar,
including the content, accuracy, offensiveness, opinions, reliability, privacy practices
or other policies of or contained in the Third Party Sites or the Third Party Applications,
Software or Content. Inclusion of, linking to or permitting the use or installation
of any Third Party Site or any Third Party Applications, Software or Content does
not imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that our
terms and policies no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any site to which you
navigate from StadiumRoar or relating to any applications you use or install from
the site.
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StadiumRoar Availability StadiumRoar may be temporarily
unavailable for maintenance or other reasons. Company assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, User communications. The Company is not responsible for any technical
malfunction or other problems of any telephone network or service, computer systems,
servers or providers, computer or mobile phone equipment, software, failure of email
or players on account of technical problems or traffic congestion on the Internet
or at any Site or combination thereof, including injury or damage to User's or to
any other person's computer, mobile phone, or other hardware or software, related
to or resulting from using or downloading materials in connection with the Web and/or
in connection with StadiumRoar. Under no circumstances will the Company be responsible
for any loss or damage, including any loss or damage to any User Content or personal
injury or death, resulting from anyone's use of StadiumRoar or the Service, any
User Content or Third Party Applications, Software or Content posted on or through
StadiumRoar or transmitted to Users, or any interactions between users of the Site,
whether online or offline.
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Termination The Company may terminate your membership,
delete your profile and any content or information that you have posted on StadiumRoar
and/or prohibit you from using or accessing StadiumRoar for any reason, or no reason,
at any time in its sole discretion, with or without notice.
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Indemnity You agree to indemnify and hold the
Company and each of its managers, contractors, partners and employees, harmless
from and against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in connection with any User
Content, any Third Party Applications, Software or Content you post or share on
or through StadiumRoar, your use of StadiumRoar, your conduct in connection with
StadiumRoar or with other users of StadiumRoar, or any violation of this Agreement
or of any law or the rights of any third party.
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Submissions You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback or other information about StadiumRoar
("Submissions"), provided by you to Company are non-confidential and shall become
the sole property of Company. Company shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
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