We maintain administrative, technical and physical safeguards in an effort to protect against unauthorized disclosure, use, alteration or destruction of any personal information you may provide to this website.
We collect certain information when you visit our website. This information tells us such things as how many people visit our site and which pages they have visited. This information assists us with maintaining and designing a user-friendly website.
We collect some information through "browser cookies" (as described below). To assist visitors with technical problems, we also may collect local web configuration information, including browser type, operating system, and various other browser settings.
In addition, our web servers automatically collect limited information about your computer when you visit our website. This information may include the type of browser software you use, the operating system you're running, the IP address assigned to your computer or Internet connection, and the IP address of the website, if any, that referred you to our website. Our technical staff may also use this information to assist customers with technical problems and improve our service.
If you decide to sign up for an account with us, we will collect information about you that will enable us to suggest additional content or information that may be of interest to you. Similarly, if you sign up for an account with us using your Facebook or Twitter account, you will automatically send us certain information associated with your Facebook or Twitter account.
We use the information we receive about you in connection with the services and features we provide to you and other users, our partners and the advertisers that purchase ads on the site. We may use your information to present you with offers and promotions that we believe will be of interest to you. Some of these offers and promotions may be extended on behalf of companies other than ours. We may also use your information to assess the effectiveness of promotions, and to make suggestions to you and other users that may enhance your overall experience using our service.
We will continue to maintain your information while you remain a subscriber of our service and for a period of time after you cancel your account; how long we maintain your information following the cancellation of your account varies depending upon the extent of your use of our service.
We use browser cookies to enhance your online experience. Browser cookies are bits of text that are placed on your computer's hard drive when you visit certain websites. We utilize browser cookies to tell us, for example, whether you've visited our website before or if you're a new visitor.
Browser cookies may enhance your online experience by saving your preferences while you are visiting a particular site. If you wish to stop receiving browser cookies from us, please contact us so that we may suggest ways for you to disable existing browser cookies. Please note that disabling browser cookies may prevent you from taking full advantage of all of our website features.
On occasion upon entering our website, you may be asked to complete an on-line survey or questionnaire. These surveys and questionnaires will seek your opinions, attitudes, interests and even your activities on-line. Any personal information gathered through your participation in online surveys or questionnaires will not be kept unless you agree to provide that information again when completing the survey or questionnaire, and in most instances, surveys and questionnaires will not ask for any personal information.
This website is not intended for children under the age of 15. For that reason, we strongly encourage parents to supervise their children when visiting our website.
We do not knowingly collect personal information from children under the age of 15. If you believe we have collected personal information from children under the age of 15, please notify us immediately so that we may take steps to eliminate such information.
We do not and will not at any time request any personal information via e-mail, nor will we include a link to an account login page in any e-mail. If you receive an e-mail requesting any personal information, including without limitation your social security number, your credit card or bank information, PLEASE DO NOT RESPOND BY PROVIDING ANY OF THE INFORMATION REQUESTED. We never request any of this information from you. If you receive an e-mail requesting any of this information, it is likely that you have received an attempted theft of your identity commonly called "phishing." Likewise, if you receive an e-mail urging you to login to your account and providing you with a link to the login page, it is also likely that you have received a "phishing" e-mail. In either case, you should bring the e-mail to our attention by forwarding the e-mail to Security@Sportsmanias.com.
For more information about "phishing," you should visit the Federal Trade Commission's website at www.ftc.gov.
If you choose to e-mail us through the "Contact Us" link on this website, you will be asked to provide information such as your name and e-mail address so that one of our employees can respond to your questions and comments. If, however, you wish to submit your questions or comments via U.S. mail, they can be mailed to:
Ante Diem, LLC d/b/a Sportsmanias
575 Lexington Avenue, 4th Floor,
New York, NY 10022
If you believe information has been posted to our Website, please see our Copyright Policy.
The opinions and views expressed on our Website are those of their respective authors or our users, and do not necessarily reflect the positions of Sportsmanias.com. Information that may appear on our Website from respective authors and user has not been evaluated for completeness or accuracy. Sportsmanias.com does not review or monitor such information, and no representation is made as to its completeness or accuracy. While Sportsmanias.com does not encourage the spreading of rumors, we do not attempt to verify messages or information that may contain rumors. We therefore strongly encourage you to independent verify any information that may appear on our Website before relying upon such information.
The appearance of certain authors’ works or materials from other sources on our Website is not intended to imply or suggest any affiliation between the authors or source and Sportsmanias.com. The appearance of such authors’ works or materials from other sources should not be viewed as any sort of recommendation or endorsement by such authors or sources.
All information, content and materials contained on our Website are the property of Sportsmanias.com or its licensors or that of third parties and protected under U.S. and International Copyright Law. None of the information, content or material from our Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. The use of any information, content or materials on our Website on any other website or computer environment without our express written permission (which may be withheld for any reason) is strictly prohibited.
Our Website is intended for your personal use only. You may not use our Website for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You may not submit or transmit any information or material that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be an invasion of another's right to privacy; (b) is offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any rights of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distributed another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not otherwise comply with the terms and conditions of this Agreement.
You may not submit or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage our Website or any connected network, or otherwise interfere with any person's use or enjoyment of our Website.
You will not impersonate any person or misrepresent your identity or affiliation with any person including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.
You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, modify any logos that you do not own or have express permission to modify.
We cannot and do not assure that other members are or will be in compliance with this Agreement, and, as between you and us, you hereby assume all risk of harm or injury resulting from any other person's lack of compliance which causes you harm.
To the extent that any feature on our Website requires you to submit your e-mail address in order to send an e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address, as applicable. Any business use, "re-mailing," or use of other high-volume application is strictly prohibited. You are not permitted to send e-mails or messages to us using an automated program. E-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver e-mail messages that violate these guidelines.
WE RESERVE THE RIGHT TO MODIFY OR CHANGE THE WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT, INFORMATION OR MATERIALS APPEARING ON OR AVAILABLE THROUGH THE WEBSITE FOR ANY REASON WHATSOEVER AND WITHOUT PRIOR NOTICE TO YOU.
By transmitting any content to our Website (including any content that may be transmitted to us if you login using your Facebook or Twitter account), you agree that you have granted us a non-exclusive, royalty-free, transferable, worldwide license to use, display, reproduce, distribute, re-distribute and sublicense such content, including for purposes of operating the Website and making the content available to other users of the Website.
In the event you elect to transmit a photograph of yourself to Sportsmanias.com, you also irrevocably consent to and grant Sportsmanias.com, and anyone authorized by Sportsmanias.com, the unrestricted right and permission to use, re-use, publish, and republish such photographs and use your name through any media now or hereafter known for any purpose whatsoever without compensation.
In the event you have transmitted content to our Website indirectly, such that it may be subject to another license grant, you agree that such content shall also be included under this license.
This license is irrevocable and shall survive the termination of your account.
We encourage you to spread the word about membership to your family and friends who you think may be interested. However, we prohibit the use of any e-mail referral service or bulk e-mailing service when sending messages encouraging people to sign up for membership with us, and under no circumstances will we be responsible for any consequences arising from your sending of unsolicited e-mails to any person or entity. Furthermore, you agree that you will not send referral e-mails in a manner that would be considered violative of the CAN-SPAM Act of 2003. If we believe that you have sent e-mails in violation of this Section, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof).
We do not condone the sending of e-mails in violation of the CAN-SPAM Act of 2003. If you believe you have received an e-mail from us in violation of this Act, please contact us immediately at firstname.lastname@example.org
You acknowledge and agree that we may send you e-mails. Some of our e-mails may contain offers or promotions from our partners or advertisers.
If you wish to discontinue receiving e-mails from us, you may terminate your membership at any time pursuant to the terms of this Agreement.
You acknowledge and agree that we are and shall remain the owner of all right, title and interest in and to the Website, including without limitation all designs, copyrightable material (regardless of whether such material is copyrightable under the United States Copyright Act, the Berne Union for the Protection of Literary and Artistic Property, the Universal Copyright Convention, and/or any of the laws of any other nation), patentable material (regardless of whether such material is patentable under the laws of the United States and/or any other nation), trademarks and trade dress, droit moral, and confidential and trade secret information (collectively, the "Intellectual Property Rights"), including without limitation all derivatives, improvements, modifications and enhancements thereto, and all Intellectual Property Rights associated therewith. Nothing in this Agreement shall in any way constitute or be deemed a sale or assignment of rights in, or transfer of ownership, of any right, title and interest in and to the Intellectual Property Rights. All Intellectual Property Rights remain the sole and exclusive property of Sportsmanias.com or its Licensors.
You agree and acknowledge that we shall have the right to immediately terminate your account if we determine that: (i) you have violated any of the restrictions in this Agreement; (ii) you have provided us with any false information; (iii) you have failed to safeguard your username and password; and/or (v) you have allowed a third party to use your username and password.
You are free to terminate your account at any time, and may do so by sending an e-mail to Support@Sportsmanias.com containing your account information and the request that we terminate your account.
This Website is not intended for children under the age of 15. For that reason, we strongly encourage parents to supervise their children when visiting our Website. You represent that you are 15 years of age or older, and if you are under the age of 18, you also represent that you have parental consent to access our Website.
SPORTSMANIAS.COM DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT THAT YOU MAY OBTAIN USING THE WEBSITE OR THE INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE. THE INFORMATION, CONTENT AND MATERIAL ON OUR WEBSITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE LIABILITY FOR THE SELECTION AND USE OF OUR WEBSITE, AND WE SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OUR OWN NEGLIGENCE, SHALL SPORTSMANIAS.COM, OUR LICENSORS, LICENSEES, MEMBERS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY AND PROPERTY DAMAGE OF ANY NATURE WHATOSOEVER, THAT RESULTS FROM (A) THE USE OF, OR THE INABILITY TO USE, OUR WEBSITE OR CONTENT, MATERIALS OR FUNCTIONS ON THE WEBSITE; OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED $100. THIS PROVISION SHALL SURVIVE TERMINATION OF YOUR USE OF THE WEBSITE OR OUR TERMINATION OF THIS AGREEMENT.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL SPORTSMANIAS.COM, OUR LICENSORS, LICENSEES, MEMBERS, AGENTS REPRESENTATIVES AND OTHER AUTHORIZED USERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURSE, ELECTRICAL POWER FAILURES OR FLUCTATIONS, STRIKES, LABOR DISPUTES, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOROEIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND OUR REASONABLE CONTROL.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE, OUR LICENSORS AND LICENSEES SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATABILITY BETWEEN OUR WEBSITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE, OR (B) ANY DELAYS OR FAILURES THAT YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO OUR WEBSITE.
WE SHALL NOT BE RESPONSIBLE FOR: TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. APPLICABLE LAW MAY NOT ALLOW ONE OR MORE LIMITATIONS, EXCLUSIONS, OR DISCLAIMER OF LIABILITY FOR CERTAIN PROVISIONS SET IN THIS AGREEMENT, AND SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
You are entirely responsible for maintaining the confidentiality of your username, password and the security of your account, as well as activities that occur under your account. You hereby agree to indemnify, defend and hold Sportsmanias.com, our licensors, licensees, members, agents, representatives and other authorized users (including any respective officers, directors, owners, employees, agents, representatives and assigns) harmless from and against any and all losses, damages, claims, damages, liabilities and costs (including, without limitation, settlement cost and any legal or other fees and expenses for investigating and/or defending any actions or threatened actions) incurred in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
While we welcome comments and suggestions from our users, unfortunately it is our policy not to accept or consider unsolicited suggestions, ideas or materials. The purpose of this policy is to avoid the possibility of misunderstandings when projects we develop may seem to others to be a product of their own creative work. Please do not send us any unsolicited materials including without limitation pitches, ideas, concepts, suggestions, photographs, drawings, videos, audiovisual works and/or other similar materials ("Unsolicited Materials").
If, despite our warnings, you send us any Unsolicited Materials, by sending such Unsolicited Materials you will be deemed to have granted and assigned all right, title and interest in and to such Unsolicited Materials, including without limitation any ideas, methods and inventions contained therein, to us, and we shall be entitled to use such Unsolicited Materials for any purpose whatsoever, commercial or otherwise, without compensation to you. If there is any doubt or ambiguity about whether there has been an actual submission of Unsolicited Materials, such materials shall be collectively and conclusively deemed to be a submission for purposes of this Agreement.
By submitting Unsolicited Materials to us, you hereby appoint us as your agent with the power to enter into and execute any contract, document and/or do any act that we consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.
You agree that any Unsolicited Materials you submit are not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Sportsmanias.com in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the Unsolicited Materials exist and are not exclusively owned by us, you agree not to enforce any such rights against us or our licensees, agents, members and other authorized users.
The sole and exclusive venue for any dispute arising out of or otherwise related to this Agreement or the Parties hereto, including without limitation any dispute regarding the validity, interpretation and/or enforceability of this Agreement, shall be resolved through binding arbitration pursuant to the rules of the American Arbitration Association in Miami, Florida. If the Parties are unable to agree upon a company to administer any such arbitration, the arbitration shall be filed with the American Arbitration Association. In any such dispute, this Agreement shall be governed by and interpreted under the laws of the State of Florida without regard to its conflict of law provisions. The parties expressly waive the right to obtain discovery from each other in connection with any arbitration. In addition, the Parties shall enter into a Confidentiality Agreement to maintain the confidential nature of all documents and information presented in connection with the arbitration. Each party shall present the arbitrator with proposed findings of fact and conclusions of law immediately prior to the final hearing. The arbitration may only award actual damages, statutory damages and injunctive relief; under no circumstances shall the arbitrator award consequential or punitive damages. The prevailing party shall also be entitled to, and the arbitrator shall award, reasonable attorney's fees and the costs associated with the arbitration. The arbitrator shall issue a final decision no later than ten (10) days after the conclusion of the final hearing. A judgment and/or injunction on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. If a provision of this Agreement is held to be invalid or unenforceable under any applicable law, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. Further, all terms and conditions in this Agreement shall be deemed enforceable to the fullest extent permissible under applicable law, and when necessary, the court is requested to reform any and all terms or conditions to give them such effect.
You acknowledge that the terms and conditions of this Agreement are supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of our Website. You represent that you have read and understood the terms and conditions of this Agreement.
Ante Diem, LLC d/b/a Sportsmanias.com ("Sportsmanias.com," "we," "us," or "our") respects the intellectual property rights of others and expects its users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using our websites (www.Sportsmanias.com and other sites that we may launch in the future; collectively, the "Website") that are reported to our Designated Copyright Agent, who is:
Sportsmanias.com Copyright Agent
575 Lexington Avenue, 4th Floor
New York, NY 0022
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by submitting a Notice of Alleged Infringement that complies with 17 U.S.C. ¤ 512 to our Designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Website.
Pursuant to 17 U.S.C. ¤512, the Notice of Alleged Infringement should: