Terms of Use1. Your AcceptanceA. By using and/or visiting this website www.blizzardsportusa.com (the "Website") you signify your agreement to these terms and conditions and any other rules promulgated by Blizzard with respect to the use of the Website (the "Terms of Use.") If you do not agree to any of these terms, you should not use the Blizzard Sport USA Website. B. Blizzard may, in its sole discretion, modify or revise these Terms of Use and its policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. C. "Blizzard" as used herein shall include Tecnica Group USA Corporation d/b/a Blizzard Sport USA, any parent or subsidiary thereof, and the officers, employees, agents, and directors of Tecnica Group USA d/b/a Blizzard Sport USA or any parent or subsidiary. 2. Blizzard Website These Terms of Use apply to all users of the Blizzard Sport USA Website, including users who are also contributors of video content, information, and other materials or services on the Website. 3. General Use of the Website -- Permissions and Restrictions Blizzard hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that: A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Blizzard's prior written authorization. B. You agree not to alter or modify any part of the Website. C. You agree not to access User Submissions (defined below) or Content through any technology or means other than the video playback pages of the Website itself, or other explicitly authorized means Blizzard may designate. D. You agree not to use the Website for any commercial use, without the prior written authorization of Blizzard actions taken without Blizzard's express approval. E. You will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. F. Blizzard reserves the right to discontinue any aspect of the Website at any time. 4. Content In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website. A. The content on the Website, 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 Blizzard, subject to copyright and other intellectual property rights under the law. Content on the Website 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 respective owners. Blizzard reserves all rights not expressly granted in and to the Website and the Content. B. You may access User Submissions solely: For your information and personal use; As intended through the normal functionality of the Website; C. You may access Content, User Submissions and other content only as permitted under this Agreement. Blizzard reserves all rights not expressly granted in and to the Content and the Website. D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. F. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that Blizzard 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 Blizzard with respect thereto, and agree to indemnify and hold Blizzard, its affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. 5. Your User Submissions and Conduct A. You may submit video content and related material "User Submissions." You understand that whether or not such User Submissions are published, Blizzard does not guarantee any confidentiality with respect to any User Submissions. B. 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: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Blizzard to use all patent, trademark, 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 Website and these Terms of Use. C. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Website, you hereby grant Blizzard a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Blizzard's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Comments are perpetual and irrevocable. D. 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 owner of such rights or have permission from their rightful owner to post the material and to grant Blizzard all of the license rights granted herein. E. Blizzard does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Blizzard expressly disclaims any and all liability in connection with User Submissions. Blizzard does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Blizzard will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Blizzard reserves the right to remove Content and User Submissions without prior notice. 6. Account Termination Policy A. Blizzard will terminate a User's access to its Website if in its sole discretion there is justification for doing so. B. Blizzard reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Blizzard may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. 7. Digital Millennium Copyright Act A. 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 our 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. Blizzard's designated Copyright Agent to receive notifications of claimed infringement is: Webmaster, Blizzard Sport USA, 19 Technology Drive West Lebanon, NH 03784 You acknowledge that if you fail to comply with all of the requirements of this Section 7(A), your DMCA notice may not be valid. 8. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE BLIZZARD WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BLIZZARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BLIZZARD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY 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 OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLIZZARD WEBSITE. BLIZZARD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BLIZZARD WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BLIZZARD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 9. Limitation of Liability IN NO EVENT SHALL BLIZZARD, 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 OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 BLIZZARD WEBSITE, 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BLIZZARD 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 Website is controlled and offered by Blizzard from its facilities in the United States of America. Blizzard makes no representations that the Blizzard Website is appropriate or available for use in other locations. Those who access or use the Blizzard Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 10. Indemnity You agree to defend, indemnify and hold harmless Blizzard, its parent or subsidiary corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Blizzard Website; (ii) your violation of any term of these Terms of Use; (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 these Terms of Use and your use of the Blizzard Website. 11. Ability to Accept Terms of Use 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 Blizzard Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Blizzard Website here are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. 12. Assignment These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blizzard without restriction. 13. General You agree that: (i) the Blizzard Website shall be deemed solely based in New Hampshire; and (ii) the Blizzard Website shall be deemed a passive website that does not give rise to personal jurisdiction over Blizzard, either specific or general, in jurisdictions other than. These Terms of Use shall be governed by the internal substantive laws of the State of New Hampshire, without respect to its conflict of laws principles. Exclusively a court of competent jurisdiction located in New Hampshire shall decide any claim or dispute between you and Blizzard that arises in whole or in part from the Blizzard Website. These Terms of Use and any other legal notices published by Blizzard on the Website, shall constitute the entire agreement between you and Blizzard concerning the Blizzard Website. If a court of competent jurisdiction deems any provision of these Terms of Use invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Blizzard's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Blizzard reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Blizzard Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND BLIZZARD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BLIZZARD WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Blizzard Sport USA |
