yardbarker
RealGM Basketball

Terms of Use

AGREEMENT WITH TERMS OF USE

These terms of use set forth the rules and conditions that apply to use of RealGM.com ("Terms of Use") by any individual visiting RealGM.com ("Visitor"). By accessing RealGM.com, you signify your assent to the following Terms of Use. If you do not agree, you have no right or license to access RealGM.com and you should not do so. In its sole, exclusive and unlimited discretion, RealGM, L.L.C. ("RealGM") may terminate and/or restrict the Visitor's account, and/or ban the IP address of the Visitor's account, for any reason, including any violation of these Terms of Use, or for no reason at all.

CHANGES TO TERMS OF USE

RealGM has the right to change or discontinue any aspect or feature of RealGM.com, including, without limitation, content, hours of availability, and equipment needed for access or use, at any time. RealGM has the right to change or modify the Terms of Use applicable to Visitor's use of RealGM.com, or any part thereof, or to impose new Terms of Use, including, without limitation, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, without limitation, posting on RealGM.com, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of RealGM.com by Visitor subsequent to such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.

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.

POSTINGS

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

RealGM reserves the right to monitor all Postings and to remove any which it considers in its sole discretion to be offensive or otherwise in breach of these Terms of Use.

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

RealGM.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

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.

IN ADDITION TO THE TERMS OF USE SET FORTH ABOVE, NEITHER REALGM NOR ANY OF ITS INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN RealGM.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

NOTICE

You may give notice to RealGM (such notice shall be deemed given upon receipt) by electronic mail to Legal@RealGM.com.

INDEMNIFICATION

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.

RealGM.com's CONTENT

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.

CONTROLLING LAW

These Terms of Use shall be construed in accordance with the laws of the State of Illinois, in the United States of America, without regard to principles of conflicts of laws. Any cause of action of any nature arising out these Terms of Use shall be brought in a federal or state court of competent jurisdiction within the City of Chicago, Cook County, State of Illinois, in the United States of America. Visitor hereby consents to the jurisdiction of such court and further waives any argument that any such court does not have jurisdiction over such cause of action or that venue in any such court is not appropriate or convenient.

ENTIRE AGREEMENT

These Terms of Use, and any operating rules for RealGM.com established by RealGM, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

HEADINGS

The section headings used herein are for convenience only and shall not be given any legal import whatsoever.