DOWNLOAD LICENSE AGREEMENT
Thank you for visiting the SPORTS PUBLICATIONS INTERNATIONAL, INC. MEDIA
PROPERTIES website, SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV. In order to
use SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV you agree to be bound by the
following Terms of Use License Agreement (“Agreement”). If you disagree with
any of the terms of this Agreement, you should not access or use
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV. You are responsible for reading
and abiding by the terms of this Agreement. Ignorance is not a defense.
1. License.
Pursuant to the terms of this Agreement, SPORTS PUBLICATIONS INTERNATIONAL,
INC., a California corporation (“SPORTS PUBLICATIONS, INC.”), hereby grants
you, the user, a non-exclusive license to access*, use, download and print from
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV for personal, non-commercial
purposes. This license is non transferable or assignable. Any passwords, user
names or rights granted pursuant to this Agreement are not transferable or
assignable. This Agreement may be amended from time to time as needed.
*Access may require additional download fees.
2. Content.
You acknowledge that SPORTS PUBLICATIONS INTERNATIONAL, INC. does not
pre-screen all Content posted on its media property called
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content created by
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV or submitted to
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV.
3. Restrictions.
The rights granted by this Agreement are subject to the following restrictions.
You agree not to:
a. Distribute, republish, transmit, lease or otherwise make
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV Content available to any third
party in any form or by any means, including print or electronic technology now
known or later developed;
b. Create or contribute to the creation of collective or derivative
works utilizing SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV Content;
c. Alter or remove any SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV
Content;
d. Decompile or reverse engineer any software utilized by
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV;
e. Upload, post, email, transmit or otherwise make available any
software viruses or any other computer code, files or programs designed to
knowingly interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; or
f. Intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission (“SEC”), any rules
of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law.
4. Registration.
You agree to provide SPORTS PUBLICATIONS INTERNATIONAL, INC. with true,
accurate, current and complete registration information, and maintain and
promptly update the information to keep it true, accurate, current and
complete. Registration entitles only you to access and use
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV. SPORTS PUBLICATIONS
INTERNTIONAL, INC. strictly prohibits access and use by any third party using
your name and identification information, or access and use by multiple users
on a network. You agree to take reasonable steps to prevent such unauthorized
access and use.
5. Payment.
You represent and warrant that, with respect to any payment made by you through
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV, any credit information supplied
by you is accurate and complete, that the charges you incur through
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV will be honored by such credit
provider, and that you will pay the charges, including any applicable sales
tax, that you incur through use of SWIMMINGWORLDMAGAZINE.COM AND
SWIMMINGWORLD.TV.
6. Intellectual Property.
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV Content is protected by
proprietary and intellectual property rights including copyright and trademark
rights. SPORTS PUBLICATIONS INTERNATIONAL, INC. retains all right, title and
interest in SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV Content. This
Agreement does not grant you any ownership rights in SWIMMINGWORLDMAGAZINE.COM
AND SWIMMINGWORLD.TV Content. Any access, use, reproduction, alteration,
transmission, distribution or unauthorized activity involving
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV Content in violation of this
Agreement is prohibited and actionable.
7. Domain Name.
“SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV” is the registered domain name
of SPORTS PUBLICATIONS INTERNATIONAL, INC. Unauthorized use is strictly
prohibited and actionable.
8. Linking.
You may provide links to other World Wide Web sites or resources provided:
a. You agree not to alter, obscure or remove any image, text, feature,
or notice including notice of copyright and trademark;
b. You agree not to link SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV
to websites engaged in pornographic, illegal or distasteful activity;
c. You acknowledge and agree that SPORTS PUBLICATIONS INTERNATIONAL,
INC. is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such
sites or resources;
d. You acknowledge and agree that SPORTS PUBLICATIONS INTERNATIONAL,
INC., shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such Content, goods or services available on or through any
such site or resource; and
e. You agree to discontinue linking SWIMMINGWORLDMAGAZINE.COM AND
SWIMMINGWORLD.TV to other websites upon request by SPORTS PUBLICATIONS
INTERNATIONAL, INC.
9. Revocation.
You agree that SPORTS PUBLICATIONS INTERNATIONAL, INC. may suspend or terminate
your access, use or linking of SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV,
and refuse any and all current or future access, use or linking if SPORTS
PUBLICATIONS INTERNATIONAL, INC. has reasonable grounds to suspect violation of
any terms of this Agreement.
10. Indemnification.
You agree to indemnify and hold SPORTS PUBLICATIONS INTERNATIONAL, INC., and
its subsidiaries, directors, officers, agents, and employees, harmless from any
claim or demand, including reasonable attorneys’ fees and litigation costs,
made by any third party due to or arising from your violation of the terms and
conditions above or your violation of any rights of another.
11. Disclaimer.
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV MAY CONTAIN ERRORS, GLITCHES OR
OTHER LIMITATIONS IN SERVICE. ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES
SUSTAINED BY YOU AS A RESULT OF VIRUSES CONTAINED WITHIN
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV IS HEREBY DISCLAIMED.
12. Links to Other Websites.
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV contains links to other
websites. You access linked websites at your own risk. SPORTS PUBLICATIONS
INTERNATIONAL, INC. is not responsible for the accuracy, opinions, or content
of any other website. Any link made available by SPORTS PUBLICATIONS
INTERNATIONAL, INC. to any other website does not constitute any endorsement or
approval of the linked website.
13. Merchants.
SPORTS PUBLICATIONS INTERNATIONAL, INC. may allow merchants to post to or
access SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV for the purpose of
promoting products and services. SPORTS PUBLICATIONS INTERNATIONAL, INC. is not
a party to any transaction entered into between you and any such merchants.
Merchants are responsible for ensuring that any information or material
included on SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV is accurate and in
compliance with applicable federal, state and local laws. SPORTS PUBLICATIONS
INTERNATIONAL, INC. is not responsible for any inaccuracies or illegality of
such merchant’s materials. Merchants are responsible for all aspects of
purchase transactions. YOU AGREE THAT ANY TRANSACTION ENTERED INTO BETWEEN YOU
AND ANY THIRD PARTY SERVICE PROVIDER OR MERCHANT IS AT YOUR OWN RISK AND IS
WITHOUT WARRANTIES BY SPORTS PUBLICATIONS, INC. OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, PARTICULAR PURPOSE,
NON-INFRINGEMENT OR TITLE.
14. Limitation of Liability.
Under no circumstances will SPORTS PUBLICATIONS INTERNATIONAL, INC., be liable
for any damage, claim, loss or injury of any kind resulting from:
a. Your use of SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV or
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV Content;
b. Any errors or omissions in any Content; or
c. The interruption or unavailability of SWIMMINGWORLDMAGAZINE.COM AND
SWIMMINGWORLD.TV or its features.
15. Disclosure of User Information.
You acknowledge and agree that SPORTS PUBLICATIONS INTERNATIONAL, INC. disclose
your user information if required to do so by law or in the good faith belief
that such disclosure is reasonably necessary to comply with legal process.
16. Miscellaneous.
This Agreement: (a) is the entire agreement between the parties; (b) is
severable as to any word or provision that is unenforceable; (c) will be
governed by the laws of Arizona; (d) may only be modified or amended by a
writing signed by both parties, or a provision waived by a writing singed by
the waiving party; (e) is binding on the parties’ permitted successors and
assigns; (f) may be specifically enforced; and (g) is subject to the exclusive
jurisdiction and venue of the courts located in Maricopa County, Arizona,
except the enforcement of an arbitration award or claim for equitable relief
may be enforced in any court. Any notices shall be effective when posted to
SWIMMINGWORLDMAGAZINE.COM AND SWIMMINGWORLD.TV.
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