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Itsnotaboutthebra.com
Terms of Services
Welcome to Itsnotaboutthebra.com (the "Website").
The following terms of services ("TOS") apply to
your use of the Website, including your use of or access to
any Basic Services, Pay Services and Content (all as defined
below and collectively referred to as the "Services")
available through the Website. Please read the TOS carefully
before using or accessing the Website, the Services or the
Content. By using or accessing the Website, the Services or
the Content, you signify your agreement to the TOS. Your use
of or access to the Website, the Services or the Content is
also subject to all applicable laws and regulations. If you
do not agree to any of the terms or conditions in the TOS,
you should not use or access the Website, the Services or
the Content. Your use of or access to the Website, the Services
or the Content is also governed by our Privacy Policy, which
is available through a link on our home page at http://www.
itsnotaboutthebra.com and is hereby incorporated into the
TOS.
The TOS was last modified on August 12, 2004.
A. TERMS OF SERVICE APPLICABLE TO THE BASIC SERVICES, THE
PAY SERVICES AND ALL USERS OF THE WEBSITE.
1. TERMS OF SERVICE
Sports Vue Internet.com, Inc., dba Sports Vue Interactive
Media, provides the Website, the Content and the Services
to you subject to the TOS. Sports Vue Interactive Media may
amend the TOS from time to time without notice to you, but
if it does so, it will post the amended TOS on the Website
at http://www. Itsnotaboutthebra.com /site/terms.html. We
encourage you to review the TOS from time to time for possible
changes. Your continued use of or access to the Website, the
Services or the Content after any amendment of the TOS signifies
your agreement to the amended TOS. In addition, when using
or accessing any Services or any Content, you will be subject
to any additional posted guidelines or rules applicable to
such Services or Content. All such additional guidelines or
rules are hereby incorporated by reference into the TOS.
2. SERVICES AND CONTENT
Sports Vue Interactive Media may update, delete or otherwise
modify any interactive and non-interactive features and services
on Itsnotaboutthebra.com from time to time at the Company's
sole discretion. In addition, Sports Vue Interactive Media
also provides access to photographs, text, images, logos and
other media and intellectual property related to or otherwise
associated with the company, Brandi Chastain and Itsnotaboutthebra.com.
Unless stated otherwise, the Website, the Services and the
Content are subject to the TOS. You understand and agree that
the Website, the Services and the Content are provided "AS-IS"
and that Sports Vue Interactive Media, Brandi Chastain and
other associated parties assume no responsibility in connection
with your use of the Website, the Services or the Content.
The Website, the Services and the Content are provided for
your personal, non-commercial use, entertainment and enjoyment.
Under the TOS, you may download certain Content and Services
available on the Website to a single personal computer. Further,
you may not distribute, modify, republish or publicly display
any of the Content or Services unless you have the prior written
permission of Sports Vue Interactive Media, which permission
may be withheld at Sports Vue Interactive Media's sole discretion.
3. ACCESS TO SERVICES
In order to use the Website or the Services or access the
Content, you must obtain access to the World Wide Web and
pay any access fees which are associated with the Pay Services
as applicable. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including
a computer and modem or other access device.
4. BACKGROUND INFORMATION
In order to use some of the Services, you may be required
to register with Sports Vue Interactive Media by providing
certain information about yourself, including your name and
e-mail address. In consideration of your use of the Services
which require registration, you agree to: (a) provide true,
accurate, current and complete information about yourself
as requested in connection with the provision of and/or registration
for any of the Services, subject to all applicable laws. If
you provide any information that is untrue, inaccurate, incomplete
or not current, or Sports Vue Interactive Media has reasonable
grounds to suspect that such information is untrue, inaccurate,
incomplete or not current, Sports Vue Interactive Media has
the right to suspend or terminate your password and refuse
any and all current or future use of the Services.
5. PRIVACY POLICY
All information collected about you during registration for
use of the Services will be used in accordance with our Privacy
Policy and all applicable laws. You may view our privacy policy
at http://www. Itsnotaboutthebra.com
/site/privacy.html.
6. USER CONDUCT
You agree that in connection with your use of the Website,
the Services and the Content you will not:
a. upload, post, email or otherwise transmit any content that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of anyone's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm or attempt to harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, an official or employee of Sports Vue Interactive Media
or any person or entity with whom you are not legitimately
affiliated, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
d. upload, post, email or otherwise transmit any content that
you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information
or proprietary or confidential information learned or disclosed
as part of employment relationships or under nondisclosure
agreements);
e. upload, post, email or otherwise transmit any content that
infringes any patent, trademark, trade secret, copyright or
other intellectual property right of any party;
f. upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes" or any other form of solicitation;
g. upload, post, email or otherwise transmit 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;
h. interfere with or disrupt the Website, the Services, the
Content or servers or networks connected to the Website, the
Services or the Content, or disobey any requirements, procedures,
policies or regulations of networks connected to the Website,
the Services or the Content; or
i. intentionally or unintentionally violate any applicable
local, state, national or international law.
7. USER MESSAGES
a. With respect to any messages, information, data, graphics,
photographs, images, creative ideas, concepts, know-how, techniques,
suggestions or improvements or other content that you transmit,
submit, post or upload to the Website and/or in connection
with any of the Services (each, a "Message"), you
are, by transmitting or uploading such Message, granting Sports
Vue Interactive Media a perpetual, royalty-free, sub-licensable,
non-exclusive, worldwide and irrevocable right and license
to use, reproduce, modify, publish, translate, prepare derivative
works based upon, and distribute such Message for any purpose
and in any form. This license is granted automatically and
no payment of any kind will be due to you. At times, Sports
Vue Interactive Media may solicit Messages from users. Your
provision of any such Messages in response to a solicitation
by Sports Vue Interactive Media shall be subject to a grant
of a license to Sports Vue Interactive Media as specified
above.
b. When any user posts any material to the Website or any
of the Services, Sports Vue Interactive Media shall have the
right, but not the obligation, in its sole discretion, to
review, edit or delete any Message for any reason in Sports
Vue Interactive Media's sole discretion. It is Sports Vue
Interactive Media's policy to fully cooperate with law enforcement
authorities and court orders which request or require Sports
Vue Interactive Media to disclose personal information or
the postings of anyone posting material to the Website or
any of the Services. Although Sports Vue Interactive Media
may monitor and/or review posted material from time to time,
it is under no obligation to do so and does not assume any
liability or responsibility with respect to any postings,
including those that contain errors, defamatory content, pornography,
profanity or inaccuracies.
c. You acknowledge and agree that Sports Vue Interactive Media
may preserve Messages and may also disclose Messages if required
to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims
that any Message violates the rights of third parties; or
(d) protect the rights, property or personal safety of Sports
Vue Interactive Media, its users and the public. You understand
that the technical processing and transmission of the Services,
including posted materials, may involve (a) transmissions
over various networks and (b) changes to conform and adapt
to technical requirements of connecting networks or devices.
8. INDEMNITY
You agree to indemnify, defend and hold harmless Sports Vue
Interactive Media and each of its respective officers, directors,
governors, owners, other officials, partners, partnerships,
principals, employees, affiliates, clients and other related
entities, servants, agents, representatives, successors and
assigns, from and against any claim or demand, including reasonable
attorneys' fees, arising out of material you post to, submit
or transmit through the Website or the Services, your use
of the Website or the Services, your connection to the Website
or the Services, your violation of the TOS or your violation
of any rights of another.
9. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
Sports Vue Interactive Media reserves the right at any time
and from time to time to modify or discontinue, temporarily
or permanently, the Website or the Services (or any part thereof)
with or without notice. You agree that Sports Vue Interactive
Media shall not be liable to you or to any third party for
any suspension or discontinuance of the Website or the Services;
provided that Sports Vue Interactive Media will provide a
pro-rata refund for any Pay Services which are discontinued
or otherwise cancelled prior to the conclusion of the term
for which payment has been received.
10. TERMINATION
You agree that Sports Vue Interactive Media, in its sole discretion,
may terminate your use of the Website and/or the Services,
and remove and discard any material posted within the Services,
for any reason, including, without limitation, if Sports Vue
Interactive Media believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. Sports
Vue Interactive Media may also in its sole discretion and
at any time discontinue providing the Website or the Services,
or any part thereof, with or without notice. You agree that
any termination of your access to the Services under any provision
of this TOS may be effected without prior notice. Further,
you agree that Sports Vue Interactive Media shall not be liable
to you or any third party for any termination of your access
to the Services other than as expressly provided for in Section
11 in connection with early termination of a Pay Service.
11. ITSNOTABOUTTHEBRA.COM ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation
in promotions of, advertisers and vendors found on or through
the Services or the Website, 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 Sports Vue Interactive Media 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 Website or in connection
with the Services. All of your business dealings with vendors
and advertisers appearing on the Website or in connection
with the Services shall be at your sole risk.
12. THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
The Website and/or the Services may provide, or third parties
may provide, links to other World Wide Web sites or resources.
Because Sports Vue Interactive Media has no control over such
sites and resources, you acknowledge and agree that Sports
Vue Interactive Media is not responsible for the availability
of such external sites or resources and do not endorse and
are not responsible or liable for any content, advertising,
products or other materials on or available from such sites
or resources. You further acknowledge and agree that Sports
Vue Interactive Media 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.
You further understand and acknowledge that in some cases,
it may be necessary or desirable to use third party services,
software, technology, data, and/or other content (collectively,
"Third Party Materials") either independently or
in connection with various programs, features or functions
available through the Website and/or the Services. Such Third
Party Materials may be downloaded to and/or stored on your
computer or otherwise employed in connection with the functions
and features of the Website and the Services and you may or
may not be notified of the same. Your use of Third Party Services
may be subject to terms of use other than these TOS and as
may be set forth by third party providers, as applicable.
Further, Third Party Materials may appear to be sourced either
through a Sports Vue Interactive Media branded website or
through a third party website. In any event, you agree and
acknowledge that Sports Vue Interactive Media assumes no liability
with respect to your use of such Third Party Materials whether
you are aware of their use or not and whether or not the use
of such Third Party Materials are endorsed or recommended
for use by Sports Vue Interactive Media.
13. PROPRIETARY RIGHTS
You acknowledge and agree that (i) the term Sports Vue Interactive
Media and its logo are registered trademarks of Sports Vue
Interactive Media; (ii) all Sports Vue Interactive Media logos
and marks as well as all other proprietary materials depicted
on the Website, the Services and the Content are the property
of Sports Vue Interactive Media or are licensed to Sports
Vue Interactive Media and may not be reproduced without the
prior written consent of Sports Vue Interactive Media (or
its designee); and (iii) the Content, including, without limitation,
news articles, press releases, photographs, images and illustrations,
is the property of, or is licensed by, Sports Vue Interactive
Media. You further acknowledge and agree that (i) any necessary
software used in connection with the Website, the Services
and the Content (the "Software") contains proprietary
and confidential information that is protected by applicable
intellectual property and other laws and is either owned by
or licensed to Sports Vue Interactive Media; and (ii) content
contained in sponsor advertisements or information presented
to you through the Website, the Services and the Content or
advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except
as expressly authorized by Sports Vue Interactive Media or
advertisers, you agree not to reproduce, republish, upload,
post, transmit, distribute, copy, publicly display or otherwise
use the Content, the Software or any derivative works based
on the Website, the Services, the Content or the Software,
in whole or in part. You agree not to modify the Software
in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Services. You agree not
to access the Services by any means other than through the
interface that is provided by Sports Vue Interactive Media
for use in accessing the Services. Other than a limited right
of personal use in connection with use of the Website, the
Services and the Content, you will have no rights to the Software.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES,THE CONTENT AND ANY
THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITE, THE
SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SPORTS VUE INTERACTIVE MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
b. SPORTS VUE INTERACTIVE MEDIA OR BRANDI CHASTAIN MAKE NO
WARRANTY THAT (i) THE WEBSITE, THE SERVICES, THE CONTENT OR
THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, (ii)
THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY
MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE
WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE
OPERATING ON THE WEBSITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR
THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPORTS VUE INTERACTIVE
MEDIA OR BRANDI CHASTAIN SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SPORTS VUE INTERACTIVE MEDIA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT OR
ANY OTHER CAUSE OF ACTION, RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT
OR THE THIRD PARTY MATERIALS; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
WEBSITE, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITE,
THE SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION,
THE POSTING OR TRANSMISSION BY THIRD PARTIES OF DEFAMATORY,
OFFENSIVE OR ILLEGAL MATERIAL; OR (v) ANY OTHER MATTER RELATING
TO THE WEBSITE, THE SERVICES,THE CONTENT OR THE THIRD PARTY
MATERIALS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION,
TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR
OTHER FAILURE OF PERFORMANCE BY SPORTS VUE INTERACTIVE MEDIA,
ITS AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT
OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION
LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION
OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY
ELECTRONIC RECORDS.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
17. NOTICE
Sports Vue Interactive Media may provide notices to you via
email or postal mail. Sports Vue Interactive Media may also
provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on
the Website or by posting an amended TOS on the Website. You
may provide notices to Sports Vue Interactive Media by email
at mail@ Itsnotaboutthebra.com or by postal mail at Sports
Vue Interactive Media, P.O. Box 218, Atlantic, VA 23303 U.S.A.
18. LINKING TO THE WEBSITE
No link to the Website may be "framed" to the extent
such frame contains any sponsorship, advertising or other
commercial text or graphics. All links to the Website must
be to http://www. Itsnotaboutthebra.com, the Website home
page. "Deep Linking" to internal pages of the Website
is expressly prohibited.
19. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and Sports
Vue Interactive Media and govern your use of the Website,
the Services and access to the Content, superseding any prior
agreements between you and Sports Vue Interactive Media. You
also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content
or third-party software. The TOS and the relationship between
you and Sports Vue Interactive Media shall be governed by
the laws of the State of Virginia without regard to its conflict
of law provisions. You and Sports Vue Interactive Media agree
to submit to the personal and exclusive jurisdiction of the
courts located within the county of Accomac, Virginia. The
failure of Sports Vue Interactive Media or any of its entities
to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of
the TOS shall remain in full force and effect. You agree that,
regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
Services or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
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