| AngelaHucles.com
Terms of Services
Welcome to AngelaHucles.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.
AngelaHucles.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,
provides the Website, the Content and the Services to you
subject to the TOS. Sports Vue Interactive 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.
AngelaHucles.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 may update, delete or otherwise modify
any interactive and non-interactive features and services
on AngelaHucles.com from time to time at the Company's sole
discretion. In addition, Sports Vue Interactive also provides
access to photographs, text, images, logos and other media
and intellectual property related to or otherwise associated
with the company, Angela Huclesand AngelaHucles.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 assumes 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,
which permission may be withheld at Sports Vue Interactive'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 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 has reasonable grounds
to suspect that such information is untrue, inaccurate, incomplete
or not current, Sports Vue Interactive 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. AngelaHucles.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 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 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 may solicit Messages from users. Your provision
of any such Messages in response to a solicitation by Sports
Vue Interactive shall be subject to a grant of a license to
Sports Vue Interactive as specified above.
b. When any user posts any material to the Website or any
of the Services, Sports Vue Interactive 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's
sole discretion. It is Sports Vue Interactive's policy to
fully cooperate with law enforcement authorities and court
orders which request or require Sports Vue Interactive to
disclose personal information or the postings of anyone posting
material to the Website or any of the Services. Although Sports
Vue Interactive 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 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, 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 and each of its respective officers, directors,
governors, owners, other officials, partners, partnerships,
principals, employees, affiliates 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 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
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 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, 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 believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. Sports Vue Interactive
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 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. AngelaHucles.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 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 has no control over such sites
and resources, you acknowledge and agree that Sports Vue Interactive
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 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 branded website or through
a third party website. In any event, you agree and acknowledge
that Sports Vue Interactive 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.
13. PROPRIETARY RIGHTS
You acknowledge and agree that (i) the term Sports Vue Interactive
and its logo are registered trademarks of Sports Vue Interactive;
(ii) all Sports Vue Interactive 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
or are licensed to Sports Vue Interactive and may not be reproduced
without the prior written consent of Sports Vue Interactive
(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. 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;
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 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 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 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 MAKES 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
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
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, 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 may provide notices to you via email
or postal mail. Sports Vue Interactive 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 by email at mail@ AngelaHucles.com
or by postal mail at Sports Vue Interactive, 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. AngelaHucles.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 and govern your use of the Website, the Services
and access to the Content, superseding any prior agreements
between you and Sports Vue Interactive. 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 shall be governed by the laws of the State
of Virginia without regard to its conflict of law provisions.
You and Sports Vue Interactive 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
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.
|