Forse Athletics Inc.
3. Registration, Accounts and Passwords. Forse Athletics Inc. is a performance profile for athletes/coaches/scouts/parents and fans and may require registration. Should you choose to register for the services provided by Forse Athletics Inc., you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over Forse Athletics Inc., and (b) all activities that occur under such password or account. Further, you agree to notify Forse Athletics Inc. or the applicable service provider of any unauthorized use of your password or account. Forse Athletics Inc. shall not be responsible or liable, directly or indirectly, in any way for any loss or damage, including any consequential loss or damage, of any kind incurred as a result of, or in connection with, your failure to comply with this Section 3.
4. Rules and Conduct. In consideration of the availability and your use of the Services, you agree, while visiting Forse Athletics Inc., not to:
- post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use Forse Athletics Inc. or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying Forse Athletics Inc., the Services or the Internet;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- post, transmit, link to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Forse Athletics Inc. or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder;
- impersonate any person or entity, including, but not limited to, a Forse Athletics Inc. representative or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity; and
- use, reproduce, sell, resell or otherwise exploit Forse Athletics Inc. or any of the Services for any commercial purposes.
- Display content that is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual.
- exploit people or an individual in a sexual or violent manner.
- display images or video which contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website.
- publicly posts information that poses or creates a privacy or security risk to any person.
- Engage in any activity which constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- Engage in an activity which constitutes or promotes an illegal or unauthorized copy of another person's trademarked or copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files.
- Be involved in the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming".
- Further or promote any criminal activities or enterprises or provide instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
- Solicit or design to solicit passwords or personal identifying information for commercial or unlawful purposes from other users.
- Be involved in commercial activities and/or sales without prior written consent from Forse Athletics Inc. such as contests, sweepstakes, barter, advertising, or pyramid schemes.
- include a photograph or video of another person that you have posted without that person's consent.
- violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
- Engage in criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
- provide or use “tracking” or monitoring functionality in connection with the Forse Athletics Inc. and their Services, including, without limitation, to identify other Users’ views, actions or other activities on Forse Athletics Inc..
- cover or obscure the banner advertisements and/or safety features on your personal profile page, or any Forse Athletics Inc. page via HTML/CSS or any other means.
- display any unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Forse Athletics Inc. on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Forse Athletics Inc., posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose.
- using the Forse Athletics Inc. and it’s Services in a manner inconsistent with any and all Applicable Law.
5. Responsibility for Minors. In cases where you have authorized a person under the age of 18 to use any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of any such Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of Forse Athletics Inc. may contain material that is inappropriate for minors. If you are under the age of majority in the jurisdiction you reside, you agree that proper disclosure of your participation on this website has been made to a parent and/or guardian and it is understood that the purpose and functionality of Forse Athletics Inc. has been presented to the parent and/or guardian in a clear and concise manor, and that you have received full consent by a parent or guardian to join this website. By agreeing to the terms and conditions set forth herin, you agree that the necessary steps have been taken to meet the needs of section 5.
7. Dealings with Third Parties. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, Forse Athletics Inc. or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Forse Athletics Inc. assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Forse Athletics Inc. shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
8. Pay Services. Certain services made available through Forse Athletics Inc. may be offered on a payment basis (hereinafter referred to as a "Pay Service"), which Pay Service may be offered by Forse Athletics Inc. on a "prepaid" or on a "pay as you use" basis. Should you choose to purchase access to a Pay Service, you will be required to register as described in Section 3 above, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide to Forse Athletics Inc. at such time. You agree to pay all the fees applicable to such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), all Fees for a Pay Service purchased through your Pay Service Account will be billed immediately to the credit card you designated for the particular Pay Service Account and are non-refundable. Forse Athletics Inc. reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
In connection with the forgoing, you represent and warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including, without limitation, all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account
9. Downloads and Shareware. Forse Athletics Inc.’s Downloads sections allow you to search for software that has been made available for downloading by various third parties. Such software is made available to you by such third parties subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that Forse Athletics Inc., including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or specifications.
10. Disclaimer Regarding Third Party Content. Forse Athletics Inc. offers access to numerous third party web pages and content available over the Internet. In such instances, including, but not limited to, third party content contained on or accessible through Forse Athletics Inc. and web pages or sites displayed as search results or contained within a directory of links on Forse Athletics Inc., Forse Athletics Inc. generally exercises no control over such third party content, web pages, video, embedded videos or sites. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You further agree that Forse Athletics Inc. shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
11. Disclaimer regarding Search Content. Any and all pictures, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through Forse Athletics Inc. search services are protected by copyright and/or other intellectual property laws. Forse Athletics Inc. does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside Forse Athletics Inc., all of the Multimedia Content contained on such sites is owned and served by entities other than Forse Athletics Inc.. Forse Athletics Inc. provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through Forse Athletics Inc. for commercial or noncommercial purposes, you must contact Forse Athletics Inc. and the owner of the Multimedia Content for permission to use such Multimedia Content.
12. Professional Information Disclaimer. DO NOT RELY ON FORSE ATHLETICS INC. OR ANY CONTENT ASSESSED ON OR THROUGH FORSE ATHLETICS INC. FOR MEDICAL ADVICE – CONSULT YOUR PHYSICIAN. Forse Athletics Inc. may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of Forse Athletics Inc. does not replace consultations with a qualified medicall or other relevant professional, and the Professional Information is not intended to be, or serve as a substitute for, professional medical advice, examination, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Forse Athletics Inc., including its suppliers and third party content providers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
13. User Content. In respect of any and all content you elect to post on Forse Athletics Inc. which is accessible by the general public, you grant Forse Athletics Inc. a world-wide, royalty-free, nonexclusive, and unrestricted perpetual license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content for the limited purposes of publishing such content and promoting the specific Service to which such content was submitted. Such license shall apply with respect to any form, media, or technology now known or later developed and, subject to any specific terms that you may agree to in respect of a specific posting of content, shall terminate at the time you delete such content from the Service.
14. Service Modifications. You acknowledge and agree that Forse Athletics Inc. reserves the right at any time to modify or discontinue any of the Services with or without notice to you, and that Forse Athletics Inc. will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance. You acknowledge that Forse Athletics Inc. is not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.
16. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) FORSE ATHLETICS INC. AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT FORSE ATHLETICS INC. MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) FORSE ATHLETICS INC. MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE USER CONTENT OR THE ACCURACY AND RELIABILITY OF THE USERS CONTENT POSTED THROUGH OR IN CONNECTION WITH FORSE ATHLETICS INC. OR LINKED SERVICES, BY USERS OF FORSE ATHLETICS INC. OR LINKED SERVICES, AND SUCH USER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF FORSE ATHLETICS INC. (C) PROFILES AND LINKED SERVICES CREATED AND POSTED BY MEMBERS ON,THROUGH OR IN CONNECTION WITH FORSE ATHLETICS INC. MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. FORSE ATHLETICS INC. IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES AND SERVICES, AND SUCH WEBSITES AND SERVICES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY FORSE ATHLETICS INC. INCLUSION OF ANY LINKED WEBSITE OR SERVICE ON FORSE ATHLETICS INC. DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR SERVICE BY FORSE ATHLETICS INC.. WHEN YOU ACCESS THESE THIRD PARTY SITES AND SERVICES, YOU DO SO AT YOUR OWN RISK. FORSE ATHLETICS INC. TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH FORSE ATHLETICS INC. OR LINKED SERVICES NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS AND SERVICES PROVIDED BY THESE THIRD PARTIES. FORSE ATHLETICS INC. IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF FORSE ATHLETICS INC. OR LINKED SERVICES. FORSE ATHLETICS INC. ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. FORSE ATHLETICS INC. IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE FORSE ATHLETICS INC. SERVICES OR LINKED SERVICES OR COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION, ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH FORSE ATHLETICS INC. OR LINKED SERVICES.
FORSE ATHLETICS INC. MAKES NO WARRANTIES THAT FORSE ATHLETICS INC. OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF FORSE ATHLETICS INC. OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. UNDER NO CIRCUMSTANCES SHALL FORSE ATHLETICS INC. BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF FORSE ATHLETICS INC. AND LINKED SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE FORSE ATHLETICS INC. SERVICES, WHETHER ONLINE OR OFFLINE. FORSE ATHLETICS INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF FORSE ATHLETICS INC. OR LINKED SERVICES
17. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL FORSE ATHLETICS INC., INCLUDING ITS AFFILIATES, SUPPLIERS AND CONTENT PROVIDERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER FORSE ATHLETICS INC. HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR FORSE ATHLETICS INC., OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO FORSE ATHLETICS INC. OR ANY OF THE SERVICES, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
19. No License; Intellectual Property of Forse Athletics Inc. and Others. Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under any of Forse Athletics Inc.’s or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate Forse Athletics Inc. and Services is protected by copyright, trademark, patent, or other proprietary rights of Forse Athletics Inc. along with Forse Hockey, Forse Football, Forse Baseball and Forse Basketball, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or Forse Athletics Inc.. Further, you agree not to modify, alter, or deface any of the trade-marks, service marks, or other intellectual property made available through Forse Athletics Inc. nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through Forse Athletics Inc.
20. Trade-marks. Forse Athletics Inc. is a trade-mark of Forse Athletics Inc. Other trade-marks are trade-marks of their respective owners. Any use of any of the trade-marks appearing on Forse Athletics Inc. without the express written consent of Forse Athletics Inc. or the owner of the trade-mark, as appropriate, is strictly prohibited.
21. Copyright. All Content published on or otherwise accessible through Forse Athletics Inc. is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by Forse Athletics Inc. or its content suppliers. You may only use or reproduce the information in the Content for your own personal, non-commercial or educational use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through Forse Athletics Inc., and maintain such notices in the Content.
22. Territory. The Services provided are only intended for use by users within Canada, the United States of America and Europe.
23. Member Disputes. You are solely responsible for your interactions with other Forse Athletics Inc. Users, third party developers or any other parties with whom you interact through the Forse Athletics Inc. Services and/or Linked Services. Forse Athletics Inc. reserves the right, but has no obligation to become involved in any way with these disputes.