Terms and Conditions
1. Acceptance of Terms and Conditions
Welcome to PongNation.com. By accessing any area
of PongNation.com, the user (you) acknowledges this notice, and agrees to
the Terms and Conditions set out below. To insure a safe, non-offensive
environment for all of our users, we have established our Terms and Conditions.
By accessing any areas of PongNation.com, users ("Users") agree
to be legally bound and to abide by the terms set forth below. *
2. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of PongNation.com is at User's sole risk. Neither
PongNation.com, nor its affiliates, nor any of their officers, directors,
or employees, agents, third-party content providers, merchants, sponsors,
licensors (collectively, "Providers"), or the like, warrant that
PongNation.com will be uninterrupted or error-free; nor do they make any warranty
as to the results that may be obtained from the use of PongNation.com, or
as to the accuracy, reliability, or currency of any information content, service,
or merchandise provided through PongNation.com.
THIS SITE IS PROVIDED BY PONGNATION.COM ON AN "AS IS"AND "AS
AVAILABLE" BASIS. PONGNATION.COM MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, PONGNATION.COM DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. PONGNATION.COM WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PONGNATION.COM NOR ITS AFFILIATES,
NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE
LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION
OR ADVICE.
Under no circumstances shall PongNation.com or any other party involved in
creating, producing, or distributing PongNation.com be liable for any direct,
indirect, incidental, special, or consequential damages that result from the
use of or inability to use PongNation.com, including but not limited to reliance
by a User on any information obtained from PongNation.com or that result from
mistakes, omissions, interruptions, deletion of files or email, errors, defects,
viruses, delays in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications failure, theft,
destruction, or unauthorized access to PongNation.com's records, programs,
or services. User hereby acknowledges that this paragraph shall apply to all
content, merchandise, and services available through PongNation.com. Because
some states do not allow the exclusion or limitation of liability for consequential
or incidental damages, in such states liability is limited to the fullest
extent permitted by law.
3.CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that PongNation.com contains information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds, and other
material (collectively "Content") that are protected by copyrights,
trademarks, trade secrets, or other proprietary rights, and that these rights
are valid and protected in all forms, media and technologies existing now
or hereinafter developed. All Content is copyrighted as a collective work
under the U.S. and Canadian copyright laws, and PongNation.com owns a copyright
in the selection, coordination, arrangement, and enhancement of such Content.
User may not modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part.
b. SINGLE COPY LICENSE
Subject to all provisions herein, you may make one copy, by either downloading
or copying, text, photographs, images, video, and audio contained in this
site on a single computer for your personal, non-commercial use only. However,
any use of PongNation.com, including the downloading or copying of our materials
from this Web site for your personal use, will indicate your consent and agreement
to the terms stated in this notice. No right, title or interest in our material
downloaded or copied from this Web site is conveyed to you as a result of
any such downloading or copying, and such downloaded or copied material may
not be used for any commercial purpose. This is a license, not a transfer
of title to our material, and such license is subject to the following restrictions:
i) you may not reproduce, publish, transmit, distribute, perform, display,
modify, create derivative works from, sell, rent, or otherwise exploit this
site or any of its contents without our prior written permission; ii) you
may not post, upload, display or otherwise transmit our materials to another
Web site, including but not limited to, any personal or commercial Web sites;
iii) and you agree to prevent any unauthorized copying of our materials.
If no specific restrictions are displayed, Users may make one copy of select
portions of the Content, provided that the one copy is made only for User's
personal use and that User maintains any notices contained in the Content,
such as all copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence, User may not upload,
post, reproduce, or distribute in any way Content protected by copyright,
or other proprietary right, without obtaining permission of the owner of the
copyright or other propriety right. In addition to the foregoing, use of any
software Content shall be governed by the software license agreement accompanying
such software.
c. DISTRIBUTION/UPLOADING OF THIRD-PARTY
CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise
distribute on PongNation.com only Content that is not subject to any copyright
or other proprietary rights protection (collectively, "Public Content"),
or Content in which the author has given express authorization for distribution
on the World Wide Web. The unauthorized submission or distribution of copyrighted
or other proprietary Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages in a civil suit. User
will be liable for any damage resulting from any infringement of copyrights
or proprietary rights, or from any other harm arising from such submission.
Neither PongNation.com, nor its affiliates, nor any of their officers, directors,
employees, agents, Providers, or the like, will be liable for any damage resulting
from any infringement of copyrights or proprietary rights, or from any other
harm arising from such User submission. By submitting Content to any User-submit
areas, User automatically grants, or warrants that the owner of such Content
has expressly granted PongNation.com the royalty-free, perpetual, irrevocable,
nonexclusive right and license to use, reproduce, publish, translate, sublicense,
copy, and distribute the Content in whole or in part worldwide and/or to incorporate
it in other works in any form, media, or technology now known or hereafter
developed for the full term of any copyright that may exist in such Content.
User also permits any other User to access, store, or reproduce the Content
for that User's personal use. Subject to this grant, the owner of Content
placed on PongNation.com retains any and all rights that may exist in such
Content.
d. THIRD-PARTY CONTENT
PongNation.com is a distributor and not a publisher of Content supplied by
third parties and Users. PongNation.com has no more editorial control over
such Content than does a public library or newsstand. Any opinions, advice,
statements, services, offers, or other information that constitutes part of
Content expressed or made available by third parties, including Providers
or any other User of PongNation.com, are those of the respective authors or
distributors and not of PongNation.com or its affiliates or any of their officers,
directors, employees, or agents. Neither PongNation.com nor its affiliates,
nor any of their officers, directors, employees, or agents, nor any third
party, including any Provider, or any other User of PongNation.com, guarantees
the accuracy, completeness, or usefulness of any Content, nor its merchantability
or fitness for any particular purpose. In many instances, the Content available
through PongNation.com represents the opinions and judgments of the respective
Provider, or User not under contract with PongNation.com. PongNation.com neither
endorses nor is responsible for the accuracy or reliability of any opinion,
advice, or statement made on PongNation.com by anyone other than authorized
PongNation.com employees. Under no circumstances shall PongNation.com, or
its affiliates, or any of their officers, directors, employees, or agents
be liable for any loss, damage or harm caused by a User's reliance on information
obtained through PongNation.com. It is the responsibility of User to evaluate
the information, opinion, advice, or other Content available through PongNation.com.
e. LINKS
PongNation.com is not responsible for the availability of external sites or
resources linked to this site, 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. PongNation.com shall not be responsible
or liable, directly or indirectly, for any damages 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.
f. IMPORTANT NOTICE TO WEBMASTERS
Regarding the use of trademarked names in metatags and/or hidden text, PongNation.com
has a no-tolerance policy. The use of trademarked names in metatag keywords
is trademark infringement, and the use of trademarked terms in page text,
metatags, and/or hidden text for purposes of gaining higher rankings from
search engines is unfair competition. Linking to any PongNation.com web page
is prohibited absent express written permission from PongNation.com. Framing
the PongNation.com web site with links, advertisements and/or other information
not originating from the PongNation.com web site is expressly prohibited.
4. ONLINE CONDUCT
User agrees to use PongNation.com only for lawful purposes. User is prohibited
from posting on or transmitting through PongNation.com any unlawful, harmful,
threatening, abusive, defamatory, vulgar, harassing obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable material
of any kind, including but not limited to any material that encourages conduct
that would constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, provincial, national, or international
law.
If PongNation.com is notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content provided by User, PongNation.com may investigate
the allegation and determine in its sole discretion whether to remove or request
the removal of such Content from PongNation.com. PongNation.com may disclose
any Content or electronic communication of any kind
a) to satisfy any law, regulation, or government request;
b) if such disclosure is necessary or appropriate to operate PongNation.com;
or
c) to protect the rights or property of PongNation.com, its Users or Providers.
User agrees to use the PongNation service in a way that is consistant with
good taste and respect for the rights of PongNation.com and all third parties.
PongNation.com reserves the right to prohibit conduct, communication, or
Content that it deems in its sole discretion to be harmful to individual Users,
PongNation.com, the communities that make up PongNation.com, or any rights
of PongNation.com or any third party, or to violate any applicable law. Notwithstanding
the foregoing, neither PongNation.com nor its Providers can ensure prompt
removal of questionable Content after online posting. Accordingly, neither
PongNation.com, nor its affiliates, nor any of their officers, directors,
employees, or agents, nor Providers shall assume liability for any action
or inaction with respect to conduct, communication, or Content on PongNation.com.
5. PRIVACY POLICY
In accordance with the terms of PongNation.com's Privacy Policy PongNation.com
respects the privacy of its Users.
6. TERMINATION OF USAGE
PongNation.com may terminate User's access, or suspend any User's access to
all or part of PongNation.com, without notice, for any conduct that PongNation.com,
in its sole discretion, believes is in violation of any applicable law or
is harmful to the interests of another User, a third-party Provider, a service
provider, or PongNation.com.
7. USAGE BY MINORS
PongNation.com cannot prohibit minors from visiting this site. PongNation.com
must rely on parents, guardians and those responsible for supervising minors
to decide which materials are appropriate for such children to view.
PongNation.com requires that all purchases be made by an adult.
EACH TIME YOU PURCHASE A PRODUCT AT PONGNATION.COM, YOU ARE REPRESENTING TO
PONGNATION.COM THAT YOU ARE AN ADULT.
8. SEVERABILITY
If for any reason any provision of these Terms and Conditions shall be held
invalid or unenforceable in whole or in part in any jurisdiction, such provision
shall, as to such jurisdiction, be ineffective to the extent of such invalidity
or unenforceability without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions hereof in any
jurisdiction. ACKNOWLEDGMENT The Terms and Conditions, including all documents
referenced herein, represents the entire understanding between you and PongNation.com
regarding your relationship with PongNation.com and supersedes any prior statements
or representations. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS by using
the PongNation.com web site. The aforementioned Terms and Conditions are subject
to change. PongNation.com reserves the right to make changes to the Terms
and Conditions at any time. Continued use of any part of this site constitutes
your acceptance of such changes. Accordingly, you should review this agreement
from time to time to become familiar with such changes.
