Date of Last Revision - July 31, 2007

I. Welcome to TheSportsRooster.

Welcome to TheSportsRooster.com, a news source and social network owned and operated by TheSportsRooster, LLC (the “Company”).  If you visit or shop on this website (the "website" or "site"), you accept, are subject to, and are legally bound by these Terms of Use.  All of our visitors and customers must read this document carefully.

PLEASE READ THE TERMS OF USE CAREFULLY, AS THEY OUTLINE YOUR RIGHTS AND RESPONSIBILITIES AS A USER OF THIS SITE. THESE TERMS ARE NON-NEGOTIABLE AND CAN BE CHANGED AT ANY TIME BY THE COMPANY WITHOUT NOTICE. IF CHANGED, THE CHANGES WILL BE POSTED TO THIS WEBSITE WITH A DATE OF REVISION LISTED. YOUR CONTINUED USE OF THE SITE IS AN IMPLICIT AGREEMENT TO ABIDE BY ANY AND ALL CHANGES TO THE TERMS OF SERVICE.

II. Privacy. 

Our Privacy Policy is incorporated in and made part of these Terms of Use.  Please take a few minutes to read the Privacy Policy which also governs your visit to and use of this website.

III. Eligibility

Membership and use of TheSportsRooster.com is void where prohibited. All users must be over the age of thirteen (13), and any use by those under the age of thirteen (13) is unlicensed, unauthorized, and in direct violation of these Terms of Use. Furthermore, all users should and must maintain an accurate portrayal of their age and status on the site, or said users are also in direct violation of these Terms of Use and can be removed by the Company. It is expected and required that all registration material submitted to the Company is accurate.

In addition, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, TheSportsRooster can and will terminate, in appropriate circumstances and at the Company's sole discretion, users who, either a single time, or repeatedly violate copyright law and/or the Terms of Use. Company may also at its sole discretion limit access to TheSportsRooster.com and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

      FEES

TheSportsRooster.com is a free social networking and news service. The MySportsResume™ is and shall remain a free service. However, there may be some features of the site that have associated fees. Users under the age of 18 understand that they are not permitted to purchase these services without the consent of their parent or legal guardian. The Company is responsible for clearly informing all users when a part of the site charges a fee, or when a user has entered into a part of the site where there can be a monetary exchange. Users are not permitted to exchange, sell, or use the site for any commercial purpose whatsoever without the express written consent of the Company. 

IV. Intellectual Proprietary Rights

The Company owns intellectual property that is exclusive to the Company.  The works of authorship contained in this website and in the domain www.TheSportsRooster.com, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by the Company and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of the Company.  You acknowledge and agree that this website is proprietary and belongs exclusively to the Company.  Moreover, the rooster design, the name “TheSportsRooster,” the tagline “No one wakes up before the rooster,” and all other marked words, phrases, and images are trademarks of the Company.  All other featured brands and logos are service/trademarks of their respective owners.  These materials are protected by intellectual property and other laws.  Your use of this website is permitted by a user license, as set forth below.  The license is personal and non-transferable.  You agree not to modify, copy, create derivative works of or to otherwise permit any party to, attempt to appropriate the Company’s intellectual property.

V. License.

The Company grants you a limited license to access and make personal use of this website.  You are not permitted to download, copy, or modify this website for your personal or other use unless expressly permitted by the Company.  You are not permitted to use this website, or any part of this website, for commercial purposes.  Furthermore, you may not, nor may you allow others, directly or in directly, to attempt to or actually: disrupt, disable, or impair or inhibit another from using this website; transmit any software, device, routine, or other materials that contain any virus, work, time bomb, trojan horse, or other material that contains any virus, worm, or other harmful, destructive, or disruptive component; use any robot, spider, site search/retrieval application, or any other manual or automated device to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of our services or materials; collect or harvest any information about other visitors or users of this website or our employees, officers, directors, or agents; and/or to obtain or attempt to obtain any materials or information through any means not expressly available through our services and materials.

VI. Linking.

Unless you have an express license from the Company that states otherwise, you may not provide any hypertext or other link to this website. Any unauthorized third party sites linked from this website are not under the Company’s control, and the Company does not assume any responsibility or liability for any communications or materials available at such linked sites.  The Company does not intend any authorized links on this website to be referrals or endorsements of the linked entities and such links are permitted and provided for convenience only.

VII. Information provided by third-parties.

Much of the information and material contained on this website is obtained from sources believed by the Company to be accurate and reliable.  The Company makes no warranty that product descriptions or other content is complete, current, or error-free. Because of the possibility of human and mechanical error as well as other factors, the Company is not responsible for any errors or omissions, with all information being provided “as is” without warranty of any kind.  The Company makes no representations and disclaims all express, implied, and statutory warranties of any kind to users and/or any third party, including without limitation warranties as to accuracy, timeliness, completeness, merchantability, fitness for any particular purpose or intellectual property noninfringement.

VIII. User Content

You, as the user, are solely responsible for any and all content that you upload to the site, including, but not limited to, pictures, videos, blogs, podcasts, audio, statistics, news, and any other information (known as “content”) published to the “MySportsResume,” or “Rooster Writer” programs. You may not upload, submit, or post any content to the site that you have not created or do not have express permission to use on TheSportsRooster. It is understood that the Company has the privilege, although not the requirement, to remove any and all content from the site at its own discretion, and is not responsible for said content. By posting content to any part of the site, you automatically grant, and it is understood that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your content from the site at any time. If you choose to remove your content, the Company license granted to use said content will automatically expire, although the Company may retain archived copies of any and all works ever published to the site.

IX. User Conduct

The Company and its users are bound by any and all applicable laws. Furthermore, users are bound by a Code of Conduct, which can be found on this site, and which requires that users must control their content so as not to be derogatory, harassing, vulgar, obscene, threatening, abusive, fraudulent, or in any other way negatively affect other users of the site. This conduct applies to all content within the site.

Furthermore, users are eligible for a single account, and may not create another account for themselves or anyone else. Users are strictly prohibited from impersonating other individuals or in any way misrepresenting themselves. Users must also read the Code of Conduct, and use of the site is complete and total acceptance of any and all rules found in the code.  

X. Limitation and Disclaimer of Warranties.

To the maximum extent permitted by law, the Company has no liability in tort, contract, or otherwise (and as permitted by law, product liability), to any visitor, user, customer, and/or any third party.  The Company shall under no circumstance be liable to you or any third party for any lost profits or lost opportunity, direct, indirect, special, consequential, incidental, or punitive damages whatsoever, even if the Company has been advised of the possibility of such damages.  Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability or incidental or consequential damages.  Therefore, the above limitations may not apply to you or there may be state provisions which supersede the above.  Any clause of these Terms of Use declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.  The provisions of these Terms of Use may only be amended by the Company and are governed by the laws of the State of Florida.

USE OF THE COMPANY’S WEBSITE IS AT YOUR SOLE RISK.  THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  THE COMPANY MAKES NO WARRANTY THAT ITS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.  THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE USE OF THIS WEBSITE.  

XI. Applicable law and venue.

This website is created at the direction of and controlled by the Company in the State of Florida, USA.  Any issue arising out of or relating to the Company’s website, these Terms of Use, the Privacy Policy, or any related issue shall be governed by the laws of the State of Florida without giving effect to any principles of conflicts of laws and venue for any such issue shall be in Orlando, Orange County, Florida. 

XII. Dispute resolution.

 You agree that any dispute arising out of or relating to the Company’s website, these Terms of Use, the Privacy Policy or any related issue shall be heard in the Circuit Court in and for Orlando, Orange County, Florida without regard to diversity of jurisdiction or the amount in controversy.  You agree that any such dispute shall be heard by a judge and you agree to waive any and all rights to trial by jury. The prevailing party in any such action shall be entitled to costs and reasonable attorney’s fees to be paid by the non-prevailing party. 

XIII. Changes to Website and Terms of Use.

The Company reserves the right to make changes to its website, the Privacy Policy and these Terms of Use at any time.  If any provision is declared invalid, void, or unenforceable, it shall be deemed severable and shall not affect the validity or enforceability of any other provision.

XIV. Contact the Company.

In writing:

• 15A Hargrove Grade
  Palm Coast, FL 32137
  ATTN: Managing Director

Via electronic mail:

• support@thesportsrooster.com