Ohio Valley Beach Volleyball Website Terms and Conditions
Your Free Registration or filling out a Player Profile constitutes your acceptance of the Terms and Conditions and any other guidelines and additional terms referenced herein (collectively the "Terms"). Do not register if you are unwilling or unable to be bound by the Terms of Service.
- Company's Representations. Company represents and warrants that it has the right to list your player information on its web pages.
- Registrant Representations. Registrant represents and warrants that the information provided by Registrant hereunder, any content on websites that such materials link to do not violate any applicable law, regulation or ordinance or any third party right. Registrant acknowledges that the Company has no responsibility to review Registrant's information. Registrant allows the Company to use Registrant's information and Company will make no other use of, and makes no other claim to Registrant's intellectual property rights. Registrant will provide all information in accordance with these Terms. Company may refuse the use of any information that it deems inappropriate.
- Use of Data. Subject to applicable law, Company shall have the right to use and disclose all data provided by the Registrant, that is for any purpose related to Company's business.
- Limitation of Liability. COMPANY'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND THE COMPANY 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, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE AND ALL WARRANTIES RELATING TO THE RESULTS OF PARTICIPATING HEREUNDER. EXCEPT FOR REGISTRANT'S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 5. The Company shall not be liable for the contents of any Registrant information, websites or web pages or if the Company fails to display any information provided by Registrant. Except for obligations arising under Section 5 as a result of a third party claim, in no event shall either party be responsible for any indirect, incidental, consequential, special, lost profits, or exemplary damages arising from any aspect of the advertising relationship provided herein. Without limiting the foregoing, the Company shall have no liability for any failure or delay resulting from conditions beyond the Company's control.
- Indemnification. (a) Each party (each, in such capacity, the "Indemnifying Party") shall indemnify the other party and its respective officers, directors, employees and agents (each, in such capacity, an "Indemnified Party" and, collectively, the "Indemnified Parties"), from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from a breach by the Indemnifying Party of this Agreement or of any representation, warranty, covenant or agreement contained herein. (b) Registrant agrees to indemnify and hold the Company and its officers, directors, agents, website affiliates and employees harmless against any and all damages incurred by them in connection with any claim of any kind arising out of or relating to (a) publication or use of any material or content supplied by or approved by Registrant for use hereunder (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or deceptive advertising or sales practices, consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity); or (b) any material to which users can link through such materials or content. (c) Any claim for indemnification hereunder shall be further subject to the following provisions: (x) the indemnifying party shall be given written notice of the claim within 15 days of receipt of the demand by the indemnified party; (y) the indemnifying party shall have the right to control the defense and all negotiations relative to the settlement of any such claim; and (z) the indemnified party shall reasonably cooperate with the indemnifying party and its counsel.
- Miscellaneous. Registrants must be 18 years of age to Register or create a Player Profile, or they must have full consent and permission of a parent or guardian. Registrant hereby grants Company the right to display Registrant's information on the website. No conditions other than those set forth in the Agreement shall be binding on the Company unless expressly agreed to in writing by the Company.
All Registrant's information is subject to Company's sole approval. Company reserves the right in its sole discretion to reject, cancel or remove Registrant at any time. These Terms and Conditions (i) shall be governed by and construed in accordance with the laws of the state of Ohio, without giving effect to principles of conflicts law; (ii) may be amended only by Company; and (iii) constitutes the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties, with respect to the subject matter hereof. The parties irrevocably consent to the exclusive jurisdiction of the courts of the Butler County, Ohio and state and federal courts situated therein in connection with any action arising between the parties. If any provision of the Terms is held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of the Terms shall not be affected thereby and shall continue in full force and effect. Any waiver (express or implied) or delay by a party of any default or breach of the Terms by the other party shall not constitute a waiver of any other or subsequent default or breach.