Effective Date: January 29th, 2015
Kronum Website Terms of Service
Ownership and Use Restrictions
The Site is owned and operated by Kronum LLC. Kronum reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Site, each on our behalf. The content and materials contained on or distributed within the Site and Services (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, contests, merchandise, logos and all copyrights and intellectual property related to the Site and/or Services, Kronum League, any affiliate of Kronum, any of the Kronum League member clubs or any of the Kronum League sponsors, licensees and other affiliates) are either owned by, or licensed to, Kronum League. We maintain the Site and Services for your personal entertainment, information, education, and communication. You may not, reproduce, republish, prepare derivative works based upon, modify, upload, post, compile, transmit, distribute, copy, publicly display or otherwise use the Content in any manner, except as expressly provided in these Terms of Service, without the express written permission of Kronum LLC, and nothing herein shall imply any license or right otherwise. Modification of any Content on the Site or Services in any manner is a violation of the applicable owners copyright and other proprietary rights.
The wordmarks, logos, names, and designs of Kronum League, the current and former Kronum League member clubs and the Site and the Services are the exclusive property of Kronum LLC, or our affiliates. All other word marks and logos (each, a “Trademark” and, collectively the “Trademarks”) appearing on the Site and on the Services are Trademarks of their respective owners, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing contained on the Site or as part of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or on the Services in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other Content on the Site, or in the Services except as expressly provided in these Terms of Service, is strictly prohibited.
Images of people or places displayed as part of the Content on the Site or on the Services are either the property of, or used with permission by, Kronum LLC. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site or in connection with the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
We neither warrant nor represent that your use of Content displayed on the Site and/or Services will not infringe upon the rights of third parties neither owned by nor affiliated with Kronum LLC.
Access to Site
To access the Site, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and you are solely responsible for payment of any service fees associated with such access. Certain features of the Site and the Services may require additional software downloads and minimum technical requirements that are presented when you first register, which minimum technical requirements may change from time to time in Kronum Leagues sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Site and/or the Services. Your exclusive remedy in the event Kronum League changes the minimum technical requirements is to terminate your use of the Site and/or the Services.
Registration For Use of Certain Features
Services and Content
The Content on the Site and the Services provided may be updated, deleted or otherwise modified from time to time at the discretion of Kronum LLC.
a. The Site and the Services may offer opportunities for you to send messages or postings in connection with various features which may include, without limitation, vanity email, contests, games, message boards, blogs and video submissions (each a “Message Feature” and, collectively, the “Message Features”).
b. You must use the Message Features in a responsible manner. By entering the Site or using the Services, you expressly agree to not transmit any message (each, a “Message” and, collectively, the “Messages”) in connection with any Message Feature that violates the Code of Conduct for the Site and Services as set forth below.
d. Although we may from time to time monitor or review Messages or Screen Names submitted on the Site/Services, Kronum LLC is not under any obligation to do so and assume no responsibility or liability that may result from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature or any Screen Name does not constitute approval or endorsement by Kronum LLC. You acknowledge that Kronum LLC is not responsible for, and cannot and do not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Site or Services.
e. Messages submitted to the Site or the Services by email or otherwise, including any data, questions, comments, suggestions or the like, and Screen Names are, and will be treated as, non-confidential and nonproprietary. By submitting a Message or Screen Name to the Site or in connection with any Services, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential, may be read or intercepted by others and you have no expectation of privacy with regard thereto; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and us other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to us and our Vendors described in “Submissions”, below.
By transmitting any Message or Screen Name or submitting creative ideas, concepts, know-how, techniques, suggestions or materials, whether solicited or unsolicited,(each, a “Submission” and, collectively, “Submissions”), you are granting us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, “Rights”). Kronum LLC, Kronum League and the operators of the Kronum League member clubs shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission and to license your Submission to third parties without seeking or receiving your further consent. At times, we may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation constitutes a grant by you to us of the Rights described above. In the event we seek to claim full ownership, rather than an irrevocable perpetual license of your Submission, you agree to assign all right title and interest to such Submission without any payment or further obligation to you and to take any and all action necessary to effect such assignment.
Ownership and Non-Infringement
By posting or submitting your content to the Site and/or Services, you represent and warrant that you own or otherwise control all of the rights thereto, and that use of your content on the Site and/or Services will not infringe or violate the rights of any third party or any applicable law.
Code of Conduct
You agree not to use the Site and Services, including, but not limited to transmitting Messages or Submissions in manner that:
i)imposes an unreasonable or disproportionately large load on the Site’s infrastructure, interferes or disrupts the Site, the Services or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Site or the Services;
ii)is, or encourages conduct that is, unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by Kronum League;
iii)constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law;
iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right or reveals confidential information or trade secrets in an unauthorized manner;
v)contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine;
vi)harms or attempts to harm minors;
vii)contains any information, software or other material of a commercial nature;
viii)contains advertising, promotions, spam or commercial solicitations of any kind;
ix)constitutes or contains false or misleading indications of origin or statements of fact; or
x) contains material irrelevant to the subject matter of the Message Feature, including that which incites disputes, demeans, or wishes injury on a player or us or other users.
Clauses i) – x) shall collectively be referred to as the “Code of Conduct”.
General Prohibited Uses
You agree that in connection with your use of the Site and the Services, you will not:
i) harvest or collect email addresses or other contact information of other users by electronic or other means or engaging in spidering, screen scraping, database scraping or other such activity;
ii) use any incomplete, false or inaccurate biographical or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;
iii) delete or revise any material or other information of any other user of the Services;
iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
v) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
vi) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
vii) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials;
viii) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services;
ix) access data not intended for you or log into a server or account that you are not authorized to access;
x) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
xi) attempt to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Services; or
xii) forge any TCP/IP packet header or any part of the header information in any email or posting.
Violations of system or network security may result in civil or criminal liability.
Any features that we make available on the Services are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any features provided on or through the Services, or from using the Services to gamble or wager on, or to facilitate any gambling or wagering on, the result of any Kronum League game.
Kronum League reserves all rights to investigate occurrences that may involve violations of the security of the use of the Site and/or Services or of the law, and Kronum League may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
The Site may offer you opportunities to vote in connection with certain events including, but not limited to, the Kronum League All-Star Game balloting, and Kronum League Top-10 Plays of the Week. By casting a vote, you signify your agreement to all special terms and voting guidelines set forth on the Site applicable to that event as well as in these Terms of Service.
Terms of Sale
Sales from the official shop (“Shop”), is subject to the following terms and conditions:
Many areas on the Site (including, but not limited to the Shop, and “Mobile”) allow you to order goods and/or services supplied by Kronum League L.L.C. . The Site also provides Kronum League and Kronum Rec League Player Registration, which allows you admission to play in Kronum League games, Kronum Rec League games and other Kronum League-related events.By purchasing any Merchandise, or Player Registrations through the Site, you acknowledge and agree that your credit card is being charged by the payment processor of a Vendor of the Site (PayPal). For purposes of these Terms of Service, such payment processor will be considered a Vendor.
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE AVAILABILITY OR DISPLAY OF MERCHANDISE OR SERVICES ON THE SITE IS NOT A GUARANTEE THAT SUCH ITEM OR SERVICE IS IN STOCK OR AVAILABLE FOR USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF OR RELATING TO: THE ACTIVITIES OF ANY VENDOR, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SHOP, OR PLAYER REGISTRATION, OR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF MERCHANDISE OR PLAYER REIGSTRATION.
With respect to Merchandise offered and/or sold via the Shop, we cannot confirm the price of an item until you order:
If an item’s correct price is lower than our stated price, we or our Vendors will charge the lower amount and ship you the item.
If an item’s correct price is higher than our stated price, we or our Vendors will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Links & Embedding
The Site or Services may contain links to other Web sites and services (“Linked Services”). The Linked Services may not be under Kronum LLC’s control and Kronum League is not responsible for the contents of the Linked Services.The following restrictions (“Linkage Restrictions”) apply to all links, including any to Embedded Content, to or from the Site or Services from or to any on-line, cable, wireless or other website, service, browser or other resource:
A. Websites, services, browsers and other resources other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a “Permissible Site” and, collectively, “Permissible Sites”) may link to Kronum.com without the express written permission of Kronum League if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “Kronum.com,” “The Official Site of the Kronum League”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
B. The Kronum logo, or a link containing any other logo of the Kronum League or its member clubs (a “logo” link) may not be used to link to Kronum.com without the express written permission of Kronum League.
C. No link to the Site may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics.
D. Subject to your strict compliance with these Terms of Service (including, but not limited to, the Code of Conduct), you may embed certain Content (including, but not limited to, video clips and photographs) from the Site into your website, blog or profile page, provided that you do not (i) sell access to embedded Content on another website, (ii) use the embedded Content for the primary purpose of procuring advertising or subscription revenue, (iii) use the embedded Content on a website that solely aggregates the embedded Content for the purpose of generating advertising revenue therefrom, or (iv) use embedded Content that Kronum LLC, in its sole discretion, determines to be competing with or displacing the market for the Content. Kronum LLC reserves the right to disable your use of embedded Content at any time, in Kronum League’s sole discretion.
E. Links to and from the Site or Services from or to other sites maintained by third parties do not constitute an endorsement by Kronum LLC of any third-party website or content. We are not responsible for the availability of these third-party resources. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of Kronum League. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against us with respect to such other sites. You should direct any concerns regarding any external link to its website administrator or Webmaster.
The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.
Availability of Services
The availability of the Content, the Site and the Services may be affected or impaired by a variety of factors, including game delays or cancellations, application of blackout restrictions, technical problems or network delays, program rescheduling or other reasons. You agree that Kronum League is not obligated to provide you with any specific Content or access to the Site or the Services under this Agreement.
Disclaimer of Warranties and Damges; Limitation of Liability
While we use reasonable efforts to include accurate and up to date information in and Content on the Site and through the Services, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the Content of the Site or in the Services. We make no representation that the Content contained in the Site or the Services are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site and/or the Services, you do so of your own initiative and risk and are responsible for compliance with all applicable laws.
THE CONTENT AND SERVICES (AND ANY OTHER PRODUCTS OR SERVICES PROVIDED AS A RESULT OF YOUR SUBSCRIPTIONS OR USE OF THE SERVICES) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE OR SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK.UNDER NO CIRCUMSTANCES WILL WE, MEMBER CLUB OPERATORS, NOR ANY OF THEIR AFFILIATES BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE OR SERVICES, OR THE USE OR INABILITY TO USE THE SITE OR SERVICES OR ANY CONTENT THEREIN. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE AND SERVICES EXCEED THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE SITE AND SERVICES, IF ANY.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site or Services. All of your business dealings with vendors and advertisers appearing on or through the Site or Services shall be at your sole risk.
We may give notice to users of the Site or Services by means of a general notice on the Site or Services, electronic mail to a user’s email address if on record, or by written communication sent by first class mail to a user’s address if on record. You may give notice to us (such notice shall be deemed given when received) by any of the following means:
Electronic mail to email@example.com. Letters delivered by first class postage prepaid mail or courier to Kronum LLC at the following address;
780 Godfrey Road
Villanova, PA 19085
You hereby agree to indemnify and hold Kronum LLC, each Kronum League member club operator, their respective affiliates and subsidiaries, and each of their respective members, managers, owners, directors, officers, employees, agents, shareholders, partners, governors and representatives harmless from any and all claims, demands, liabilities, damages and expenses and other losses (including attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Site, including, without limitation, use of any Message Feature, Service, or the Store; and/or (ii) any breach or alleged breach of these Terms of Service by you.
Termination of Service
We may, in our sole discretion, change, suspend or discontinue any aspect of the Site, including the Services (subject to a refund to which you may be entitled), at any time with or without notice and with or without cause, including the availability of any Site or Service feature, database, or content. We may also cancel your registration password, or impose limits on certain features or services or restrict your access to parts of the Site, or the entire Site, or any or all of the Services with or without notice, and without liability, at any time, in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose, including, but not limited to, conduct that we believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which we believe is harmful to other customers, to our respective businesses, or to other information providers. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Site and the Services and destroy all materials obtained therefrom. The provisions of these Terms of Service will survive the termination of your access to the Site and/or Services.
Choice of Law
These Terms of Service shall be construed and controlled by the laws of the State of Pennsylvania, United States of America. Further, any disputes relating to these Terms of Service or anything contained on the Site or Services will be governed by the laws of the State of Pennsylvania, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service, the Site or the Services shall be brought exclusively in a federal or state court of competent jurisdiction located within the County of Delaware, State of Pennsylvania, United States of America and appellate courts therefrom, and you hereby irrevocably consent to the jurisdiction of such court, and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. We will be entitled to recover our court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms of Service. If you access the Site and/or Services from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Site and/or Services. Please note that in some cases, the laws of your jurisdiction may apply and take precedence.
These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and us. We in our sole discretion may amend these Terms of Service, and your use of the Site or Services after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Kronum LLC’s failure to enforce any provisions of these Terms of Service or respond to a breach by you or another user shall not serve to waive Kronum LLC’s right enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.
Copyright 2015 Kronum LLC. All rights reserved.