Ownership. All content included on the Active Sites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Active or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Active Sites is the exclusive property of Active and protected by U.S. and international copyright laws. All software used on the Active Sites is the property Active or its software suppliers and protected by U.S. and international copyright laws.
Copyright Complaints. Active respects the intellectual property of others, and we ask our content partners and Active members to do the same. If you believe that your copyrighted work has been copied and is accessible on the Active Sites in a way that constitutes copyright infringement, you may notify Active by providing Active's copyright agent the following information:
a. an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
b. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
c. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
d. Identification of the URL or other specific location of the Active Sites where the material that you claim is infringing is located, including enough information to allow us to locate the material.
e. Your name, address, telephone number and e-mail address.
f. 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.
g. A statement by you, made under the penalty of perjury, that the above information is your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Active's agent for notice of claims of copyright infringement on the Active site can be reached as follows: Kourosh Vossoughi, General Counsel/VP of Corporate Affairs, The Active Network, Inc, 1020 Prospect Street, Suite 250, La Jolla, CA, 92037.
2. Permitted Use of Active Trademarks
Active trademarks identify Active products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require written permission from Active. Please make such requests by e-mail to bizdev@active; we will evaluate your request as soon as possible.
Trademarks: Active.com, Active.com and Logo, ActiveParks.com, ActiveParks, ActiveParks.org, ActiveEvents, ActiveLeagues, ActivePro, ActiveSafari, ActiveSportsMecca, Eteamz, Eteams, From Start to Finish, It All Starts Here, ProActive, Register Online At, Sports You Do, SportsMecca, The Sportz We Play, RecWare Safari, RecWare Pro, RecWare Online and The Active Network.
3. User Submissions and Content
Active may provide interactive areas on the Active sites, in which users may post communications. You alone are responsible for the content of your communications, and the consequences of any such communications. By submitting content, which shall include your member name, to any "interactive area" of the Active Sites, including message boards, forums, and chat rooms, you grant Active a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the Active interactive areas, you agree:
a. not to use the Active Sites to send or post on message boards or any place on the Active Sites, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances.
b. not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Active.
c. not to use an inappropriate member name of any kind.
d. not to post or use the Active Sites to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio.
4. Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against Active with respect to such sites.
In addition, you may order services or merchandise through the Active Sites from other persons not affiliated with Active ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the Active Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Active makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Active, nor will Active be construed as, a party to such transactions, whether or not Active may have received some form of revenue or other remuneration in connection with the transaction. You agree that Active will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
Active and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Active makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Active nor such third party shall have any liability with respect thereto.
5. Registration and Password
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Active of any unauthorized use of your registration.
6. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF Active IS AT YOUR SOLE RISK. Active IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Active EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE INFORMATION ON Active IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Active NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN Active, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. Active ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON Active CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON Active.
Active makes no warranty that the Active Sites' services will be uninterrupted, secure or error free. Active does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Active Sites. Active is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Active Sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
7. Limitation of Liability
Active SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE Active OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Active OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Active HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold each of Active and its officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Active, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
10. Applicable Law; Consent to Jurisdiction
The Active Sites (excluding linked sites) are controlled by Active from its offices within the State of California, United States of America. The Active Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing the Active Sites both you and Active agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Active Sites.
You agree that exclusive jurisdiction for any dispute with Active, or in any way relating to your membership or use of Active, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving Active or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
With your prior approval, Active reserves the right to charge fees, surcharges and/or membership fees at any time.