ACCEPTANCE OF TERMS
All content included on this Site, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, audio or video clips, digital downloads, data compilations and software, is the property of, or licensed to, IMG or is the property of IMG’s content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content of this Site is the property of IMG and is protected by the laws of the United States and other countries and international treaties. IMG’s marks indicated on this Site are registered trademarks of IMG. All other marks that are not owned by IMG that appear on this Site, such as those of IMG’s clients, are the property of their respective owners, which may or may not be affiliated with or connected to IMG. All of the above marks may not be copied, downloaded or otherwise exploited without the permission of IMG or the owner of such marks.
LICENSE AND SITE USE
THIRD PARTY LINKS TO THIS SITE
Please exercise discretion while browsing the internet using this Site. You should be aware that while you are on this Site, you could be directed or linked to other websites that are beyond IMG’s control. There are links to other sites from this Site’s pages that take you outside this Site. This includes links to organizations, fan clubs, advertisers, and regional sections, as well as sites maintained by IMG sponsors, IMG clients, IMG events, IMG affiliates and IMG content partners (among others) that may or may not use IMG’s logo. These other sites may send their own cookies to users of their sites, collect data, or solicit personal information. These other sites may contain content or information that you may find inappropriate or offensive. IMG reserves the right (but shall have no duty) to disable links from these third party sites to this Site. IMG makes no representations concerning the content of sites linked to this Site or listed in any of IMG’s directories. Consequently, IMG cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in IMG’s search results or otherwise linked to this Site.
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, IMG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IMG explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on sites that link to or from this Site. IMG cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this Site or third party content on this Site. IMG does not endorse any of the merchandise (if any) except as expressly provided, nor has IMG taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content. IMG does not make any representations or warranties as to the security of any information (including, without limitation, personal information) you might be requested to give or voluntarily give to any third party, and you hereby irrevocably waive any claim against IMG with respect to such sites and third party content. IMG strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IMG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF IMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IMG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT OF YOUR ACTUAL AND PROVEN DAMAGES.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT PURSUANT TO US COPYRIGHT LAW
Pursuant to Title 17, United States Code (“US Copyright Law”), Section 512, IMG reserves the right, but not the obligation, to terminate your license to use this Site if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether the material or activity is ultimately determined to be infringing. In addition, pursuant to 17 U.S.C. Section 512(c), IMG has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the US Copyright Law. All notifications of claimed infringement should be sent to IMG’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. Notification must be submitted to the following:
IMG’s Designated Agent:
IMG Worldwide, Inc
IMG Center, Suite 100
1360 East Ninth Street
Cleveland, Ohio 44114-1782
United States of America
Attention: Legal Department
Phone: (216) 522-1200
To be effective, any written notice regarding defamatory or infringing activity must be a written communication that includes the following information:
-A physical or electronic signature of the person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed;
-Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at this Site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
-Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IMG to locate the material;
-Information reasonably sufficient to permit IMG to contact you, such as a cell or text number, email address, or a home or work phone number at which you may be contacted;
-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.