CONDUCT OF VISITOR AND LAWFUL USE
Visitor shall use RealGM.com for lawful purposes only. Visitor shall not post or transmit through RealGM.com any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless RealGM has expressly approved such material in advance of its transmission. Any conduct by a Visitor that in RealGM's discretion restricts or inhibits any other Visitor from using or enjoying RealGM.com is expressly prohibited. All of the content appearing on RealGM.com is solely and exclusively for entertainment purposes and shall not be used for any other purpose whatsoever.
INTELLECTUAL PROPERTY NOTICES
CONTRACTUAL NON-USAGE / MISAPPROPRIATION
RealGM.com contains copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, tables, charts, lists, software, photos, video, graphics, music, and sound, portions of which are owned by RealGM. The entire contents of RealGM.com are copyrighted as a collective work/compilation. RealGM owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in all of the content original to it. No Visitor may modify, 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. Visitor may download one (1) single copy of the materials on RealGM.com for Visitor's personal, non-commercial use only. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of RealGM. In the event of any permitted copying, redistribution or publication of such materials, no changes, in or deletion of, author attribution, trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges that Visitor does not acquire any ownership rights by downloading such materials.
No Visitor shall in any way make any commercial use of any of the materials or intellectual property, without limitation, on RealGM.com, regardless of whether such is independently protected by U.S. law. That is, each and every Visitor that in any way uses any part of RealGM.com agrees to a contractual agreement with RealGM that the Visitor shall not use RealGM.com for any commercial purpose of any kind, and that all such usage shall be for entertainment purposes only. Any commercial usage of RealGM.com shall be in violation of this contractual agreement and any usage of such materials shall constitute misappropriation entitling RealGM to equitable relief or legal damages.
Visitor shall not upload, post or otherwise make available on RealGM.com any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, respectively, and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of RealGM.com, Visitor automatically grants or warrants that the owner of such material has expressly granted RealGM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (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 material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use. Visitor hereby grants RealGM the right to edit, copy, publish and distribute any material made available on RealGM.com by Visitor.
TRADEMARKS AND SERVICE MARKS
Team logos that appear on RealGM.com are the trademarks and property of the National Basketball Association and its respective member teams. The limited use of these trademarks is intended to provide Visitors a symbolic representation of the team names and their respective players and to convey non-verbal meaning (these pictoral indicators are necessary in the case of some non-English-reading Visitors); use of these marks is therefore for utilitarian, communicative and informational media purposes only: THE USE OF THESE MARKS ON RealGM.com IN NO WAY INDICATES, IMPLIES OR SUGGESTS SPONSORSHIP OR ENDORSEMENT BY, OR ASSOCIATION OR AFFILIATION WITH, RealGM.com BY THE NATIONAL BASKETBALL ASSOCIATION OR ITS RESPECTIVE MEMBER TEAMS. Besides the foregoing, and unless otherwise indicated, trademarks and service marks that appear on RealGM.com are owned by and property of RealGM. RealGM.com is the service mark and property of RealGM. Any other trademarks or service marks that appear on RealGM.com are the property of their respective owners.
NO RESPONSIBILITY OR LIABILITY FOR POSTINGS
To the extent that portions of RealGM.com (such as "chat rooms," "message boards," and "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT REALGM DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON RealGM.com, and Postings do not necessarily reflect the views of RealGM. To the fullest extent permitted by applicable laws, RealGM shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on RealGM.com.
MONITORING OF POSTINGS
Visitor Warrants All Necessary Rights
Visitor hereby represents and warrants that (i) Visitor has all necessary rights in and to all Postings Visitor provides and all material they contain; (ii) Visitor's Postings shall not infringe any proprietary or other rights of third parties; (iii) Visitor's Postings shall not contain any viruses or other contaminating or destructive devices or features; (iv) Visitor's Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and (v) Visitor's Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
Visitor Authorizes Others to Use
Visitor hereby authorizes RealGM to use, and/or authorizes others to use, all or part of Visitor's Postings in any manner, format, or medium that RealGM or such other parties see fit. Visitor shall have no claim or other recourse against RealGM for infringement of any proprietary right in Postings.
DISCLAIMER OF WARRANTIES AND DAMAGES AND LIMITATION OF LIABILITY
USE IS AT VISITOR'S RISK
VISITOR EXPRESSLY AGREES THAT USE OF RealGM.com IS AT VISITOR'S OWN RISK. VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR'S PASSWORD(S), IF ANY. NEITHER REALGM, NOR ANY OF ITS EMPLOYEES, CONSULTANTS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT RealGM.com's SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RealGM.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH RealGM.com. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS VISITOR'S RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON RealGM.com OR ANY SITES WITH WHICH IT IS LINKED. REALGM MAY PROVIDE TECHNOLOGY AUTOMATICALLY LINKING AND/OR REFERENCING SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE RealGM.com HAS NO CONTROL OVER SUCH SITES AND INFORMATION, REALGM MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION, AND REALGM ASSUMES NO RESPONSIBILITY SHOULD, FOR ANY REASON, THE SEARCH LOCATE UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF VISITOR'S USE OF RealGM.com MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. RealGM.com MAKES NO CLAIM THAT THIS MIGHT NOT OCCUR.
NO WARRANTIES OF RealGM.com's SERVICE
DISCLAIMER OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION-LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD OF ANY TYPE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT REALGM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
VISITOR'S WAIVER OF DAMAGES
IN NO EVENT WILL REALGM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING RealGM.com, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, RealGM.com. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON RealGM.com.
You may give notice to RealGM (such notice shall be deemed given upon receipt) by electronic mail to Legal@RealGM.com.
Visitor agrees to defend, indemnify and hold harmless RealGM and its directors, officers, employees, consultants, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Visitor's use of RealGM.com.
EQUIPMENT FOR VISITOR'S USE
Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, software and other equipment that is now or may in the future be necessary for access to and use of RealGM.com and for any/all charges related thereto.
A portion of RealGM.com's content may be supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of RealGM. Neither RealGM nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. RealGM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on RealGM.com by anyone other than employee spokespersons of RealGM acting in their official capacities.
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.