Please read this Agreement carefully before accessing SportzHUB. As a condition to and in consideration of receiving and accessing SportzHUB, the User agrees to be bound by the terms of this Agreement. Use of or access to SportzHUB shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS SportzHUB. If you have any questions about this Agreement, please contact us via e-mail at info@sportzhub.com.
SportzHUB Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between sportzHUB and any individual, corporation, association, agency, company, or other entity who accesses or uses SportzHUB (the "User" or "you").
SportzHUB, which is provided to you, for the sole purpose of placing various types of listings & posts. It’s designed to allow users to placing various types of listings & posts and/or to view the information posted by other users or interact with those users. SportzHUB is owned and operated by sportzHUB. SportzHUB contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of SportzHUB that can be modified by Users, such as posting listings, classified, events and more, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to SportzHUB.
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access SportzHUB and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing SportzHUB.
1.2 User Conduct.
You agree to access and use SportzHUB only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of SportzHUB, including any Interactive Area, (ii) the use of any networks or other services connected to SportzHUB, and (iii) the communications means by which you connect your modem, computer, or other equipment to SportzHUB. By accessing SportzHUB, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access SportzHUB;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 SportzHUB content.
(a) You acknowledge that Content on SportzHUB is generally provided by SportzHUB, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that SportzHUB permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that SportzHUB owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "SportzHUB" and its URL address. You acknowledge that SportzHUB, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through SportzHUB only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on SportzHUB, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to SportzHUB the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such 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 Intellectual Property Rights that may exist in such Content. You also permit SportzHUB to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that SportzHUB may include various interactive areas ("Interactive Areas"), including but not limited to listings, posts, classifieds. These Interactive Areas allow feedback to SportzHUB and real-time interaction between users. You further understand that SportzHUB does not control the messages, information, or files delivered to such Interactive Areas and that SportzHUB may offer you and other Users the capability of creating and managing an Interactive Area. However, neither SportzHUB, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that SportzHUB cannot, and does not intend to, screen communications in advance. Moreover, because SportzHUB encourages open and candid communication in the Interactive Areas, SportzHUB cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. SportzHUB is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that SportzHUB has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, SportzHUB may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. SportzHUB reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written SportzHUB policy in effect at that time, (ii) be harmful to the rights of any User, SportzHUB, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of SportzHUB in operating SportzHUB, or any change in Content, is for you to discontinue accessing SportzHUB. SportzHUB may terminate or temporarily suspend your access to all or any part of SportzHUB, without notice, for conduct that SportzHUB believes is a violation of this Agreement or any policies or guidelines posted by SportzHUB, or for other conduct which SportzHUB believes, in its sole discretion, is harmful to SportzHUB or other Users. SportzHUB may discontinue operating SportzHUB and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access SportzHUB, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from SportzHUB, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services expressly available at SportzHUB, neither SportzHUB, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from SportzHUB. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of SportzHUB or controlled by SportzHUB. SportzHUB neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from SportzHUB, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither SportzHUB, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from SportzHUB or your inability to access the Internet or any site linked to or from SportzHUB.
5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on SportzHUB. It is the policy of SportzHUB not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF SportzHUB IS AT YOUR SOLE RISK. NEITHER SportzHUB NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT SportzHUB OR ANY INTERNET SITE LINKED TO OR FROM SportzHUB WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SportzHUB OR ANY INTERNET SITE LINKED TO OR FROM SportzHUB OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH SportzHUB OR ANY SITE LINKED TO OR FROM. SportzHUB IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL SportzHUB, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, SportzHUB, OR ANY INTERNET SITE LINKED TO OR FROM SportzHUB, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL SportzHUB, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN SportzHUB OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM SportzHUB. THE CONTENT WITHIN SportzHUB AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM SportzHUB MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF SportzHUB AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. SportzHUB AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SportzHUB IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY SportzHUB Trading Post SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF SportzHUB, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SportzHUB.
6. Indemnity
You agree to indemnify and hold SportzHUB, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of SportzHUB or any Internet site linked to or from SportzHUB, or in connection with the transmission of any Content on SportzHUB.
7. Miscellaneous
This Agreement comprises the entire agreement between SportzHUB and you, and supersedes any prior agreements with respect to the subject matter herein. SportzHUB may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on SportzHUB. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing SportzHUB. Your continued accessing and use of SportzHUB following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of SportzHUB to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by New Zealand Laws, with all legal matters resolved in New Zealand. Excluded is where Sportzhub may be taking legal action against a USER in their country. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from SportzHUB have been done strictly for clarification and identification and does not constitute endorsement by SportzHUB of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of SportzHUB by such trademark, service mark or link owner.
Sportzhub is committed to safeguarding your privacy online. Please read the following policy to understand how your personal information will be treated as you make full use of the SportzHUB. This policy may change from time to time so please check back periodically.
This policy will let you know:
What personally identifiable information is collected from you
SportzHUB collects information in several ways from different parts of our web site.
We may ask you for personal information at certain times, including (but not limited to) when you place Listings, Events, Classifieds and more or take advantage of the other features of the SportzHUB. If you contact us, we may keep a record of that correspondence.
What cookies are and how they are used
As part of offering and providing customizable and personalized services, SportzHUB may use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Certain features of SportzHUB require that you accept cookies in order to work properly. (See "What choices are available to you regarding collection, use, and distribution of your information" for more information on cookies.)
Generally, we use cookies for the following purposes:
Advertising networks that serve ads onto SportzHUB may use their own cookies.
SportzHUB features may also collect IP addresses for system administration and to report aggregate information to our advertisers.
How your information is used
The primary goal of SportzHUB in collecting personal information is to provide you, the user, with a customized experience and to assist your navigation throughout the Sportzhub better.
Who is collecting your information?
When you are asked for personal information on SportzHUB, you are sharing that information with SportzHUB alone, unless it is specifically stated otherwise. However, some activities will, by their very nature, result in your personal information being revealed to other users of SportzHUB. For example, when you enter personal information on the Listing, event or classified …posting form, this information will generally be included in your posting, unless specifically stated otherwise.
With whom your information may be shared
As a general rule, sportzHUB will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. Please see the Terms of Service or Use Agreements for each of our products and services for more detailed information about how your personal information may be shared.
sportzHUB may disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Terms of Service of the sportzHUB or may be causing injury to or interference with (either intentionally or unintentionally) the rights or property of the sportzHUB, other users of the sportzHUB, or anyone else that could be harmed by such activities. sportzHUB may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.
What choices are available to you regarding collection, use, and distribution of your information
If you choose not to provide personal information, you can still use some areas of SportzHUB, but you will not be able to access areas or use features that require you to submit personal information, such as Listings, Events, Classifieds….
You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to use those services of the SportzHUB that require registration in order to participate. You can still use some of the features of the SportzHUB even if you do not accept cookies.
SportzHUB does not sell or rent user information to anyone. We will notify you at the time of data collection or transfer if your data will be shared with a third party and you will always have the option of not permitting the transfer. If you do not wish to allow your data to be shared, you can choose not to use a particular service.
How you can access, update or delete your information
We will provide you with the means to ensure that your personal information is correct and current. You may edit or delete your information at any time by clicking on the appropriate link or graphic provided by the system.
The kind of security precautions that are in place to protect the loss, misuse, or alteration of your information
Other than the administrator of SportzHUB or other authorized personnel of sportzHUB, you are the only person who has access to your personal information. Your information is password-protected to prevent unauthorized access.
We recommend that you do not divulge your password to anyone. sportzHUB will never ask you for your password in an unsolicited phone call or in an unsolicited email.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, sportzHUB cannot ensure or warrant the security of any information you transmit to us or from our online services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
How sportzHUB protects children's privacy
sportzHUB is a general audience web site. Children should always ask a parent for permission before sending personal information to anyone online. sportzHUB does not share personal information about users under the age of 13 with third parties and we do not sell or rent personal information about any of our users, regardless of age. In addition, sportzHUB will not send any direct email offers to users who indicate they are under the age of 13.
What else you should know about your online privacy
Please keep in mind that whenever you voluntarily disclose personal information online - for example in ads that you post or through email - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you're online.
Please read this Agreement carefully before accessing SportzHUB. As a condition to and in consideration of receiving and accessing SportzHUB, the User agrees to be bound by the terms of this Agreement. Use of or access to SportzHUB shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS SportzHUB. If you have any questions about this Agreement, please contact us via e-mail at info@sportzhub.com.
SportzHUB Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between sportzHUB and any individual, corporation, association, agency, company, or other entity who accesses or uses SportzHUB (the "User" or "you").
SportzHUB, which is provided to you, for the sole purpose of placing various types of listings & posts. It’s designed to allow users to placing various types of listings & posts and/or to view the information posted by other users or interact with those users. SportzHUB is owned and operated by sportzHUB. SportzHUB contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of SportzHUB that can be modified by Users, such as posting listings, classified, events and more, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to SportzHUB.
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access SportzHUB and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing SportzHUB.
1.2 User Conduct.
You agree to access and use SportzHUB only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of SportzHUB, including any Interactive Area, (ii) the use of any networks or other services connected to SportzHUB, and (iii) the communications means by which you connect your modem, computer, or other equipment to SportzHUB. By accessing SportzHUB, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access SportzHUB;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 SportzHUB content.
(a) You acknowledge that Content on SportzHUB is generally provided by SportzHUB, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that SportzHUB permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that SportzHUB owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "SportzHUB" and its URL address. You acknowledge that SportzHUB, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through SportzHUB only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on SportzHUB, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to SportzHUB the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such 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 Intellectual Property Rights that may exist in such Content. You also permit SportzHUB to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that SportzHUB may include various interactive areas ("Interactive Areas"), including but not limited to listings, posts, classifieds. These Interactive Areas allow feedback to SportzHUB and real-time interaction between users. You further understand that SportzHUB does not control the messages, information, or files delivered to such Interactive Areas and that SportzHUB may offer you and other Users the capability of creating and managing an Interactive Area. However, neither SportzHUB, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that SportzHUB cannot, and does not intend to, screen communications in advance. Moreover, because SportzHUB encourages open and candid communication in the Interactive Areas, SportzHUB cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. SportzHUB is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that SportzHUB has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, SportzHUB may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. SportzHUB reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written SportzHUB policy in effect at that time, (ii) be harmful to the rights of any User, SportzHUB, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of SportzHUB in operating SportzHUB, or any change in Content, is for you to discontinue accessing SportzHUB. SportzHUB may terminate or temporarily suspend your access to all or any part of SportzHUB, without notice, for conduct that SportzHUB believes is a violation of this Agreement or any policies or guidelines posted by SportzHUB, or for other conduct which SportzHUB believes, in its sole discretion, is harmful to SportzHUB or other Users. SportzHUB may discontinue operating SportzHUB and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access SportzHUB, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from SportzHUB, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services expressly available at SportzHUB, neither SportzHUB, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from SportzHUB. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of SportzHUB or controlled by SportzHUB. SportzHUB neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from SportzHUB, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither SportzHUB, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from SportzHUB or your inability to access the Internet or any site linked to or from SportzHUB.
5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on SportzHUB. It is the policy of SportzHUB not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF SportzHUB IS AT YOUR SOLE RISK. NEITHER SportzHUB NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT SportzHUB OR ANY INTERNET SITE LINKED TO OR FROM SportzHUB WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SportzHUB OR ANY INTERNET SITE LINKED TO OR FROM SportzHUB OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH SportzHUB OR ANY SITE LINKED TO OR FROM. SportzHUB IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL SportzHUB, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, SportzHUB, OR ANY INTERNET SITE LINKED TO OR FROM SportzHUB, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL SportzHUB, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN SportzHUB OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM SportzHUB. THE CONTENT WITHIN SportzHUB AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM SportzHUB MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF SportzHUB AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. SportzHUB AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SportzHUB IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY SportzHUB Trading Post SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF SportzHUB, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SportzHUB.
6. Indemnity
You agree to indemnify and hold SportzHUB, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of SportzHUB or any Internet site linked to or from SportzHUB, or in connection with the transmission of any Content on SportzHUB.
7. Miscellaneous
This Agreement comprises the entire agreement between SportzHUB and you, and supersedes any prior agreements with respect to the subject matter herein. SportzHUB may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on SportzHUB. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing SportzHUB. Your continued accessing and use of SportzHUB following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of SportzHUB to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by New Zealand Laws, with all legal matters resolved in New Zealand. Excluded is where Sportzhub may be taking legal action against a USER in their country. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from SportzHUB have been done strictly for clarification and identification and does not constitute endorsement by SportzHUB of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of SportzHUB by such trademark, service mark or link owner.