Terms of Use
Work In Sports, LLC
Last Updated: 12/10/2011
WORK IN SPORTS LLC
The following page states the "Terms of Use"
under which Work In Sports LLC, ( "Work In Sports")
operates the web site WorkInSports.com (the “Web
Site”), and the terms which each person accessing
the Web Site (“you”) agrees to be bound by.
If you do not accept these Terms of Use do not use the
services or the Web Site. Your use of the Web Site indicates
your acceptance to be bound to the Terms of Use as stated.
Work In Sports has the right, in its sole discretion,
to add to, remove, modify or otherwise change any part
of these Terms of Use, including the Privacy Policy,
in whole or in part, at any time. Changes will be effective
when notice of such change is posted at the Web Site.
Users are responsible for check these Terms of Use frequently
for updates. Your continued use of the Web Site or downloading
or use of Content constitutes an acceptance of such
amendments.
ACCESS
In connection with accessing the Web Site you have
been assigned a password. You agree to take reasonable
precautions in guarding the secrecy of your password
and that all information and instructions received from
a user presenting your password are deemed to have been
made by you and shall are binding upon you. You will
promptly notify Work In Sports if you discover that
your password has been disclosed.
USE OF CONTENT
All Web Site content including but not limited to
web pages, illustrations, graphics, images, text, and
HTML code (collectively, “Content”) are owned
by or licensed to Work In Sports and are subject to
United States and international copyright law. Content
may NOT be copied or reproduced, except as provided
herein without the express written consent of Work In
Sports which may be arbitrarily withheld. Up-loading,
transmitting, or posting of Content in any format for
any purpose, except as otherwise provided herein is
strictly prohibited. Users may not copy or adapt the
HTML code that was created by Work In Sports in order
to generate the Web Site or Content. Work In Sports
permits the printing of pages from the Web Site for
personal and non-commercial use by authorized users
only, provided that all copyright and other notices
on any printed copies are accurately reproduced, and
any printed Web Site Content is not subsequently copied
or distributed in any manner to any other parties.
SUBMISSIONS
If, at Work In Sports’ request or on your own,
you send, email, post or otherwise transmit to Work
In Sports or the Web Site employment opportunities,
job positions, resumes, information, software, photos,
video, text, graphics, music, sounds, questions, creative
suggestions, messages, comments, feedback, ideas, notes,
drawings, articles, stories about yourself, or other
materials (including, but not limited to, posting, emailing,
or otherwise transmitting) (collectively, the "Submissions"),
the Submissions shall be deemed, and shall remain, Work
In Sports property. Except as provided in Work In Sports
Privacy Policy, none of the Submissions shall be subject
to any obligation of confidence on Work In Sports part,
and Work In Sports shall not be liable for any use or
disclosure of any Submissions. Without limitation of
the foregoing, you grant Work In Sports and its successors
and assigns a royalty-free, perpetual, irrevocable,
non-exclusive right and license (as well as consent)
to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, communicate
to the public, perform and display any Submissions (in
whole or in part and with or without the use of your
name) worldwide and/or to incorporate the Submissions
in other works in any form, media, or technology now
known or later developed, for the full term of any copyrights,
trademarks and other intellectual and proprietary rights
(collectively, the "Rights") that may exist
in such Submissions. You further waiver all of your
moral rights in favour of Work In Sports with respect
to any Submission. You also warrant that any third party
holder of any Rights in such Submissions, has validly
and irrevocably granted to you the right to grant the
licence stated above and has waived such third party's
moral rights in such Submissions. You acknowledge that
Work In Sports and its successors and assigns shall
be entitled to unrestricted use of the Submissions for
any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Submissions or any
third party holder of any rights. You represent and
warrant that any Submissions to the Web Site are, to
the best of your knowledge, accurate and not misleading,
nor are such Submissions posted for any improper purpose.
PRIVACY POLICY
We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the Service Privacy Policy, a copy of which you should review by clicking here. You, in turn, agree and consent to the terms of the Service Privacy Policy by your use of the Service.
WORK IN SPORTS TRADEMARKS
Among the trademarks and service marks owned by Work
In Sports are: Work In Sports, WorkInSports.com, Key
Sports Contacts, and various Work In Sports design marks
(the “Marks”) These Marks may not be used
without the prior written consent of Work In Sports.
The "look" and "feel" of the Web
Site is also subject to trademark and other applicable
restrictions. This includes Web Site color combinations,
navigation tools, graphics, layout and other design
elements.
DISCLAIMER
The Web Site acts as a portal for employers to post
job opportunities and job seekers to post resumes. Work
In Sports is not involved in the actual physical transaction
between job seekers and employers. Work In Sports operates
in good faith to protect all authorized users of the
Web Site. Work In Sports makes no independent investigation
into the quality or nature of job opportunities or resumes
available, the accuracy of such information, the ability
of employers to offer specified opportunities or the
ability of job seekers to fill positions. In addition,
you agree to assume all risks associated with dealing
with other users with whom you come in contact with
through the Web Site. You expressly release Work In
Sports from any and all claims, demands and damages
of every kind and nature, arising out of or in any way
connected with your use of the Web Site. Work In Sports
is under no legal obligation to, and generally does
not, control the information provided by other users
which is made available through the Web Site. Work In
Sports makes no representations about the accuracy,
reliability, completeness, or timeliness of the Web
Site or Content. Use of the Web Site and Content is
at your own risk. You agree and acknowledge that you
are solely responsible for the form, content and accuracy
of any resume or material contained therein placed by
you on the Web Site. WORK IN SPORTS DOES NOT GAURANTEE
THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE
WEB SITE, CONTENT AND WORK IN SPORTS SERVER ARE FREE
OF COMPUTER VIRUSES OR OTHER HARMFUL DEVICES OR CODE.
IF YOUR USE OF THE WEB SITE OR CONTENT RESULTS IN THE
NEED FOR SERVICING REPAIR OF ANY SORT WORK IN SPORTS
IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND
CONTENT ARE PROVIDED ON AN "AS IS" BASIS.
WORK IN SPORTS, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE AND NON-INFRINGEMENT. WORK IN SPORTS
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE WEB SITE OR THE CONTENT.
LIMITATION OF LIABILITY
Work In Sports, its employees, affiliated entities,
or any third parties mentioned on the Web Site shall
NOT be held liable for damages including without limitation,
incidental, consequential, or indirect damages, lost
wages or profits, or damages resulting from business
interruption.
ACCEPTABLE CONDUCT
You agree not to post any threatening or defamatory
Content on the Web Site that invades privacy, is obscene,
excessively violent, discriminatory, pornographic, abusive,
or violates any law or advocates illegal activity. Work
In Sports will fully co-operate with any law enforcement
authorities or court order requesting or directing Work
In Sports to disclose the identity of user of the Web
Site and you consent to such disclosure. You agree not
to damage, disable, attack, deface, or attempt unauthorized
access to this Web Site or server, or a third party
web site or server. You agree not to transmit or post
Submissions to the Web Site or other users in connection
with surveys, contests, pyramid schemes, chain letters,
junk e-mail, spamming or any duplicative or unsolicited
messages (commercial or otherwise) or competing employment
service for the sports industry or otherwise, without
the prior written consent of Work In Sports.
INDEMNITY
You agree to indemnify and hold harmless each of Work
In Sports, its employees, directors and affiliated entities
including all third parties mentioned at Web Site, from
and against any and all claims, actions or demands,
including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Web
Site, the Content or your breach of these Terms of Use.
TERMINATION OF SERVICES
Work In Sports reserves the right to pursue all of its
legal remedies in order to protect the Web Site, the
Content and authorized users of the Web Site, including
but not limited to deletion of employer or job seeker
postings from the Web Site, termination of access to
the Web Site and Content, job seekers subscription,
or any other service provided to you by Work In Sports.
If you are in breach of any of the Terms of Use, including
obligation to pay for services, Work In Sports may terminate
these Terms of Use.
FEE-BASED SERVICES
Certain portions, components, Content and features
of the Web Site are only available to users who purchase
a subscription (“Fee-Based Services”). As
a subscriber to one of the Fee-Based Services, you agree
as follows:
A. You agree to pay, using a valid credit card (or other form of payment which Work In Sports may accept from time to time), the fixed and periodic charges and fees (including any prepayment plan fees for multiple periods) set forth on this Web Site, applicable taxes, and other charges and fees incurred in order to access Fee-Based Services. The charges and fees on this Web Site are expressed in United States dollars and your credit card or other account will be charged in United States dollars. Work In Sports reserves the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Web Site or such other means as Work In Sports may deem appropriate from time to time (including electronic mail or conventional mail).
B. Work In Sports will automatically charge your credit card or other account at the start of the standard billing period and at the start of each renewal period, unless you terminate or cancel your subscription within 3 business days before the relevant renewal period begins. The renewal charge will be equal to the current , regular priced four week rate, unless Work In Sports notifies you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use the Fee-Based Services you reaffirm your agreement that Work In Sports may charge your credit card (or other form of payment, if applicable). In the event Work In Sports cannot charge your account, Work In Sports reserves the right to terminate your access to our Fee-Based Services and the Web Site.
C. In addition to the fees and charges set forth
above, you are responsible for all charges and fees
associated with connecting to the Web Site and the Fee-Based
Services, including without limitation all telephone
access lines (including long-distance charges, when
applicable), internet service provider fees, telephone
and computer equipment, sales taxes and any other fees
and charges necessary to access the Fee-Based Services.
D. For purposes of your use of the Fee-Based Services including identification and billing, you agree to provide Work In Sports with true, accurate and complete information as required by the subscription or sign up process to Fee-Based Services ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow Work In Sports to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or Work In Sports have reasonable grounds to suspect that such is the case, Work In Sports reserves the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of the Web Site (or any portion thereof) or any of the Fee-Based Services. You are obligated to check the Web Site to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information
REFUND POLICY
Work In Sports provides a conditional satisfaction guarantee
for the Fee-Based Services offered via the Web Site.
If a user is not satisfied with the Fee-Based Services
which have been delivered, Work In Sports may, but is
not required to provide a refund for the remainder of
the membership term.
LINKS AND THIRD PARTY CONTENT
This Web Site may feature links to other web sites.
Work In Sports provides these links only as a convenience.
Any and all linked sites are not under the control of
Work In Sports, and Work In Sports makes no representation
or warranty regarding Content or products or services
available from such linked sites. Hyperlinks may not
be created between this Web Site and others without
the express written consent of Work In Sports.Should
Work In Sports permit you to create a hyperlink to the
Web Site, you agree not to frame the Web Site in such
a manner as to disguise authorship, origin, attribution
or intellectual property rights.
JURISDICTION
This Web Site is controlled, operated and administered
by Work In Sports from its offices within the State
of Arizona . Work In Sports makes no representation
or warranty that the Web Site or Content are appropriate
or available for use at any locations outside of Arizona
. These Terms of Use shall be interpreted, construed
and governed by the laws in force in the State of Arizona
. You agree that any action, suit or proceeding arising
out of or related to these Terms of Use shall be commenced
in Phoenix, Arizona. Each party hereby agrees to submit
to the jurisdiction of the courts of Arizona and waives
any objections based upon venue in any such action,
suit or proceeding. The United Nations Convention on
Contracts for the International Sale of Goods does not
apply to these Terms of Use. Notwithstanding the foregoing,
Work In Sports may pursue enforcement of intellectual
property rights and the protection of confidential information
in such other jurisdictions as through injunctive or
other equitable relief through the courts.
INFRINGEMENT NOTIFICATION
If you believe that your copyrighted work has been
uploaded, posted or copied to this Web Site and is accessible
on this Web Site in a way that constitutes copyright
infringement, please notify Work In Sports at the email
address info@workinsports.com.