Terms of Use
Privacy Policy and Terms of Use
© Copyright 2008 Sunrise Sports & Entertainment Inc All rights reserved. Sunrise Sports & Entertainment and the Sunrise Sports & Entertainment logo are trademarks and service marks and the exclusive property of Sunrise Sports & Entertainment, and all other trademarks used herein are the property of their respective owners.
TERMS AND CONDITIONS OF USE
1. Ownership of Intellectual Property
2. Use of the Site
3. Third Party Sites
4. Privacy Policy
5. Disclaimer of Warranty, Limitation of Liability
6. General Terms
Thank you for visiting the Sunrise Sports & Entertainment World Wide Web site (the "Site"). Access to this Site is offered to you, the individual user, by Sunrise Sports & Entertainment free of charge. These Terms and Conditions of Use ("Terms of Use") govern your use of the Site. Limited use of the Site is offered to you by Sunrise Sports & Entertainment subject to, and conditioned upon your acceptance of, these Terms of Use. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Use. Under these Terms of Use only, Sunrise Sports & Entertainment grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms of Use, you are not an authorized user and should discontinue any use of the Site.
Sunrise Sports & Entertainment reserves the right to change or modify these Terms of Use at any time without notice to you. Please read these Terms of Use carefully, as you are bound to comply with the provisions herein.
OWNERSHIP AND INTELLECTUAL PROPERTY
1.1. Sunrise Sports & Entertainment as Proprietor. Sunrise Sports & Entertainment is the exclusive owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by Sunrise Sports & Entertainment for limited use pursuant to these Terms and Use. "Site Content" means any and all human readable patent audio and/or visual elements of this Site, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. "Site Code" means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site.
1.2. Copyright. The Site Content and Site Code are owned by Sunrise Sports & Entertainment and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright © 2008 All Rights Reserved. Unless expressly permitted elsewhere in the Site by Sunrise Sports & Entertainment, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, or license, reproduce, create derivative works from or based on, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Links to the Site are only permitted upon express permission from and arrangement with Sunrise Sports & Entertainment. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
1.3. Trademark. Sunrise Sports & Entertainment, the Sunrise Sports & Entertainment logo, and Sunrise Sports & Entertainment are trademarks and service marks belonging to Sunrise Sports & Entertainment (the "Sunrise Sports & Entertainment Marks"). Any product, service, or trade name other than those owned by Sunrise Sports & Entertainment that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of the Sunrise Sports & Entertainment Marks is strictly prohibited.
1.4. Copyright Complaints. If you believe that your copyrightable work of authorship has been copied and is being displayed on the Site in such a way that would give rise to a claim for copyright infringement, please follow the procedure regarding Notice and Claims for Copyright Infringement:
NOTICE OF CLAIM FOR COPYRIGHT INFRINGEMENT
If you believe that your copyrightable work of authorship has been copied and is being displayed on the Site in such a way that would give rise to a claim for copyright infringement, please provide NOTICE of such claim by providing the following information to Sunrise Sports & Entertainment Spurt's indicated Agent for such claims.
NOTICE REQUIREMENTS
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon:
A description of where the material that you claim is infringing is located on the Site, including any information, documentation or web address, which would assist Sunrise Sports & Entertainment in locating that material.
Your address, telephone number and e-mail address;
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 permissible by law;
A statement by you under the penalty of perjury that the information in your notice is accurate and that you are the copyright owner of the work or authorized to act on the owner's behalf.
Certain personal information will be collected on a voluntary basis, and is primarily used to provide an enhanced online experience for the visitor. As a part of the Sunrise Sports & Entertainment Insider program, users will be asked to register, providing their e-mail, age, gender, geographic location, and certain technical preferences and settings. In addition, certain personal information may be collected from site visitors when filling out online forms to register or purchase Sunrise Sports & Entertainment entertainment products and taking part of special promotions. This information may include, but is not limited to, name, e-mail, address, phone number, and credit card information. Sunrise Sports & Entertainment does not share any information you provide to us, including your email and mail addresses, with any companies outside Sunrise Sports & Entertainment, its subsidiaries, affiliates or necessary payment processors.
USE OF THE SITE
2.1. License. Sunrise Sports & Entertainment grants you a non-exclusive, non-transferable, limited right and license to access and use this Site, and view and privately display the Site Content by way of one (1) computer connected to the Site over the Internet only, and in strict conformity with these Terms of Use. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future. However, no other copy or use of any portion of the Site is permissible, and the same would constitute an act of copyright infringement. By way of example, and not limitation, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Site Content, link or forward any web address to this Site, copy, counterfeit or paste the Site Content to any other website or web page. You may not publicly display any portion of the Site, or any films or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind Sunrise Sports & Entertainment to such a contractual arrangement. Any other use or exploitation of this Site, including the Site Content or Site Code, is strictly prohibited.
2.2. Non-Commercial/Personal Use Limitation. Sunrise Sports & Entertainment grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this site for commercial purposes.
2.3. This site is not intended for minors. No portion of this Site is targeted to children. This Site is not intended for persons under the age of eighteen (18) years of age ("Minors"). The site Content may be confusing or offensive to Minors. Any Minor should seek consent from his/her legal guardian before using this Site, and such legal guardian should strictly monitor such Minor's use of the Site.
2.4. Nature of Services. Sunrise Sports & Entertainment offers its Site services for entertainment purposes only. Sunrise Sports & Entertainment does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, Sunrise Sports & Entertainment is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.5. Username/Password. Sunrise Sports & Entertainment may issue you a username and/or password for access to the certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, or other person access to or use of such username or password. You shall not post the username or password on any website nor transmit it through insecure sites. Sunrise Sports & Entertainment shall not be responsible whatsoever in the event that a third party misappropriates your password.
2.6. Communications/ Messages from Users. As used in these Terms of Use, "Your Posted Material" means any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, films or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Site. You agree that none of Your Posted Material will contain information or content that (i) infringes on the copyright or any other rights of any person; (ii) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (a) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (b) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (c) contains false or misleading information; (d) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (e) with respect to "chat rooms" or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). Sunrise Sports & Entertainment takes violations of its customers' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.
2.7. License to Your Postings to the Site Indemnity. You hereby grant to Sunrise Sports & Entertainment the royalty-free, non-exclusive, transferable right and license to use and exploit all rights in copyright in and to Your Posted Material throughout the universe in all forms of media, whether now known or later developed or created. Accordingly, among other rights, Sunrise Sports & Entertainment may reproduce, modify, publish, translate, distribute, sell, perform, and display Your Posted Material alone or as part of other works in any form, media or technology. You represent, warrant, and guarantee that (i) you have the full and Sunrise Sports & Entertainment right to grant such rights to Your Posted Material, and that there are no other agreements with any third party in conflict herewith; and (ii) Sunrise Sports & Entertainment Spurt's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. Moreover, you agree to indemnify and hold Sunrise Sports & Entertainment harmless from and against any and all claims, demands, and liabilities, of any kind or character, made by you or any third party against Sunrise Sports & Entertainment arising out of or relating to Sunrise Sports & Entertainment Spurt's exercise of such rights to Your Posted Material.
2.8. Reservation of Rights. Any rights not expressly granted herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, without the prior written consent of a party authorized to bind Sunrise Sports & Entertainment, except as expressly permitted in these Terms of Use.
LINKS TO THIRD PARTY SITES/THIRD PARTY COMMUNICATIONS
3.1. Hyperlinks. This Site may contain hyperlinks or other references to third party Internet sites that Sunrise Sports & Entertainment does not own or operate. Such hyperlinks are provided for your reference only. Sunrise Sports & Entertainment makes no warranties or representations regarding the availability of, or the content located on or through, such sites. Sunrise Sports & Entertainment does not endorse, sponsor, or review the content contained at the sites to which hyperlinks on Sunrise Sports & Entertainment web sites are directed, nor does Sunrise Sports & Entertainment represent that such sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, Sunrise Sports & Entertainment does not accept any responsibility or liability for content contained at such sites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at this Site.
3.2. Third Party Postings. This Site may contain information or advertising for third parties. Sunrise Sports & Entertainment expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the Site, including messages, information, and advertising of its clients or licensors. Sunrise Sports & Entertainment shall not be deemed to have considered, reviewed, screened, or approved of any such third party communication. However, Sunrise Sports & Entertainment reserves the right for any reason to remove without notice any communication made available via the Site, and to deny in its sole discretion your access or any user access to communications made available via this Site.
PRIVACY POLICY
4.1. Information Collection. Sunrise Sports & Entertainment is committed to protecting your privacy and your personal information provided via the Site. Information may be requested from you on a voluntary basis and may be used by Sunrise Sports & Entertainment for limited purposes. Information such as your name, e-mail address, mailing address, general profile information, and preferences may be collected. This Privacy Policy details Sunrise Sports & Entertainment Spurt's practices in information collection and uses. Sunrise Sports & Entertainment reserves the right to modify this Privacy Policy, as well as the other Terms of Use, from time to time without notice to users. Questions or comments about the Privacy Policy should be directed to legal@unrestrictedmagazine.com
4.2. Use of Group Data. Sunrise Sports & Entertainment monitors user traffic patterns, profiles and site usage to assist in the marketing, development, and design of the Site and for business planning. Sunrise Sports & Entertainment may merge user information into mass group data files for this purpose. Sunrise Sports & Entertainment shall not disclose without consent any identifying information of any individual user, which would allow any party to identify or contact such user of the Site. Such personal identifying information shall be kept confidential. Sunrise Sports & Entertainment will not sell, trade or rent your personal information to others. But, Sunrise Sports & Entertainment may disclose to third parties statistics regarding Site users in the aggregate.
4.3. Disclaimer and Liability Limitations on Information Requests from Third Parties. Sunrise Sports & Entertainment does not process credit card purchases or provide any other merchant transaction services on-line. Rather, third party vendors who may request information from purchasers sell products. Sunrise Sports & Entertainment makes no warranties or representations whatsoever with respect to these third party vendors. Concerned users should review the third party vendor policies with respect to privacy and protection of their personal and financial credit information.
4.4. Use of Cookies. A "cookie" is information contained in a file that Sunrise Sports & Entertainment may place on your computer's hard drive so that Sunrise Sports & Entertainment can remember information about you at a later time when you visit the Site. Sunrise Sports & Entertainment uses cookies to remember certain information about you as a user of the site, including your username and password, site preferences and what you have already viewed on the Site. You can view the cookies that have been stored on your hard drive by Sunrise Sports & Entertainment or any other website operator (although the content stored in each cookie may not make much sense to you). For example, Microsoft® Internet Explorer® stores each cookie as a separate file under a Windows® subdirectory. Third parties who advertise on the Site or have links on the Site may also use cookies. Sunrise Sports & Entertainment makes no warranties or representations with respect to these third parties, nor is Sunrise Sports & Entertainment liable for any claims of damages, whatsoever, incurred as a result of third parties use of cookies on user's hard drives.
4.5. Restrictions on Information Collected. Sunrise Sports & Entertainment does not knowingly collect or solicit information from minors under the age of eighteen (18). Upon notification from a parent or guardian that a minor transmitted information to Sunrise Sports & Entertainment, as directed in the Notice Provision of these Terms of Use, Sunrise Sports & Entertainment will remove or destroy any such information.
4.6. Disclaimer and Limitation of Liability with Respect to Information. As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. Sunrise Sports & Entertainment does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to Sunrise Sports & Entertainment will not be stolen or otherwise surreptitiously obtained. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, Sunrise Sports & Entertainment expressly disclaims any such liability.
4.7. Required Disclosures. Sunrise Sports & Entertainment may release personal information of Site users when it believes, in good faith, that such release is legal and is required by law, or requested by subpoena or court order. Sunrise Sports & Entertainment may also, in its discretion, release such information to assist investigators, prosecutors, or third parties in discovery with valid legal claims.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
5.1 NEITHER Sunrise Sports & Entertainment NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES Sunrise Sports & Entertainment, ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Sunrise Sports & Entertainment AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS SOLELY ASSUMED BY YOU.
5.2. NEITHER Sunrise Sports & Entertainment, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Sunrise Sports & Entertainment, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
GENERAL TERMS.
6.1. Notices. Notices by Sunrise Sports & Entertainment to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, unless otherwise specified in these Terms of Use as follows:
(i) Electronic mail (e-mail) must be sent to legal@unrestrictedmagazine.com
(ii) Mail and courier deliveries must be sent to:
SUNRISE SPORTS & ENTERTAINMENT
BankAtlantic Center
One Panther Parkway, Sunrise, FL 33323
6.2. Governing Law/Forum Selection. These Terms of Use are governed by the laws of the State of Florida, USA applicable to contracts made and performed solely in the State of Florida, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Dade County, Florida, USA in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms of Use or this Site.
6.3. Relationship Between the Parties. Nothing contained in these Terms of Use shall be construed to constitute you and Sunrise Sports & Entertainment as partners or joint ventures or to constitute employment or any type of agency.
6.4. Severability. If any provision of these Terms of Use is held invalid, unenforceable or void, the remainder of the Terms of Use shall not be affected thereby and shall continue in full force and effect.
6.5. Full Integration. These Terms of Use constitute the entire agreement between you and related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between you and Sunrise Sports & Entertainment relating to this Site.
6.6. Written Agreement. These Terms of Use constitute a written agreement between you and Sunrise Sports & Entertainment. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
THANK YOU FOR USING THE SITE
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