You have reached the CelleSports.com website. This is our terms of service page which describes your rights and obligations from using our site. By remaining on the site and accessing any of our services, you agree that you have read and understood these rights and terms. Access to all services and content is also described below.
1. BASIC TERMS:
This site is provided by CelleSports.com and is subject to all the following Terms of Service. This TOS may be updated from time to time with or without notice, per our own discretion. Please review these TOS regularly for any potential changes. Once posted, all updated or new guideline or terms are immediately effective and incorporated into the full body of these TOS.
2. SERVICES AND CONTENT
All content and services provided to users by CelleSports.com including but not limited to website reviews, contests, forums, polls, and other features and services are done so fully at our discretion. They may be updated, deleted, or otherwise modified at any time with or without notice. Unless otherwise stated, all photographs, text, images, statistics, logos, other media and intellectual property will be subject to these TOS.
You also understand that the website and everything provided herein is offered on an ‘AS IS’ basis and that CelleSports.com assumes no responsibility in conjunction with your use of any website service, feature or content. All of this is offered strictly for your non-commercial entertainment and enjoyment. Anything downloaded may be done so only to a single personal computing or mobile device, as appropriate. None of the content or services may be distributed, modified, republished, or publicly displayed without the expressed written consent of CelleSports.com. Furthermore, we reserve the right to withhold such permission at our discretion.
3. DISCLAIMER OF WARRANTIES
Your continued use of the site means that you expressly understand and agree to all the following in their entirety:
a. Any use of this website, services and content is at your sole risk. Everything is provided on an ‘AS IS’ and available basis. CelleSports.com expressly disclaims all warranties of any type. This includes any expressed and implied warranties such as implied warranties of merchantability, fitness for a purpose and non-infringement.
b. CelleSports.com does not make any warranties or guarantees that a) the website, services or content will be what you are looking for, b) the website, services or content will be uninterrupted, timely, secure or even error-free, c) the results obtained from anything on the site, any service or other content will be accurate or reliable, d) the quality obtained through the site for content, services, products, information or other services will meet your expectations in any way, and e) any errors in the software will be corrected or attempted to be corrected.
c. Any of the material downloaded or otherwise obtained through the website or services is done completely and solely at your own discretion and risk. Additionally, you agree to be solely responsible for any damage done to your computer system or loss of data that may result from any such activity.
d. Nothing obtained from the website, services or content shall create any type of warranty or guarantee unless expressly stated in the TOS.
4. LIMITATION OF LIABILITY
You understand and agree that CelleSports.com will not be responsible or liable for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes damages for loss of profits, goodwill, use, data or any other intangible losses (even if we have been advised of these possibilities) resulting from: the use or inability to use or access the website; the cost of obtaining any substitution goods and services resulting from anything obtained, downloaded or purchased on the website; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the website; or any other material relating to the website, services or content.
5. ACCESS TO SERVICES
To properly access and use this site and any services associated with the CelleSports.com site, you must first obtain your own internet access and pay any service fees associated with this access. You are solely responsible for obtaining and paying for any needed equipment including (but not limited to) computer or mobile access device, modem, etc… Additionally, you must be at least 18 years and legal age in your jurisdiction of residency to register and claim any prizes at CelleSports.com. Anyone under the age of 18 is not permitted to use or gain access to any of our services or content.
7. MEMBER PASSWORD & SECURITY
Upon completion of the registration process at the site, you will obtain a password and are solely responsible for maintaining the secrecy of this password. All activities occurring under your password are your full responsibility. CelleSports.com cannot and will not be liable for any loss or damage arising from your noncompliance.
8. MEMBER CONDUCT
The following actions and activities regarding the use of the website, services and content are not permitted:
Uploading, posting, emailing or otherwise transmitting any unlawful, harassing, threatening, harmful, abusive, tortious, defamatory, vulgar, libelous, or obscene content. Nothing that is invasive of another’s privacy, is hateful, or racially, ethnically or otherwise objectionable.
Harming or attempting to harm minors in any way.
Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with someone else or any other entity.
Uploading, posting, emailing, or otherwise transmitting any content which you do not own or have a right to transmit under any law or contractual or fiduciary relationships (i.e. inside information)
Uploading, posting, emailing or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of another.
Uploading, posting, emailing or otherwise transmitting any unsolicited or otherwise unauthorized advertising, promotional material, spam, chain letters, pyramid schemes or any other form of solicitation.
Uploading, posting, emailing or otherwise transmitting any material that contains software viruses or another computer code, files or programs designed to interrupt, interfere, destroy or limit the functionality of any computer software or hardware or other telecommunications equipment.
Intentionally or unintentionally violate any applicable local, state, national or international law.
Reproduce, republish, download, post, transmit, distribute, copy, publicly display or otherwise use any of our content or other work based on the website, services, content or software, in whole or in part.
9. USER MESSAGES
a. Basically, anything that you post on the CelleSports site including messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions, or improvements, or any other content you have transmitted, submitted, posted, or uploaded to the website belong to us. You are granting CelleSports.com a perpetual, royalty-free and non-exclusive worldwide and irrevocable right and license to such material. No payment will be due to you at any time for any such content or information.
b. Furthermore, we have the full and unconditional right to review, edit, or delete any message or other material at our sole discretion. We may choose to monitor parts of the site for such postings or transmissions although there is no obligation for us to continue doing so. We may also choose to preserve any such information, which may also be disclosed if required by law or in the good faith belief that such preservation and disclosure may be reasonably necessary.
You agree to indemnify, defend and hold harmless CelleSports.com, our directors, governors, owners, partners, principals, employees, affiliates, officials, and other related entities, agents, representatives, successors and assigns from and against any claim or demand, including reasonable attorney’s fees that arise out of any messages or other information you have posted, submitted or transmitted to the website or services or any other violation of these TOS.
11. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
CelleSports.com reserves the right at any time to modify or discontinue, temporarily or permanently, any aspect of (or the entire) website or services, with or without notice.
You accept and agree that CelleSports.com, in its sole discretion, may terminate your password or use of the website for any reason including lack of use or if we believe you may have violated or acted inconsistently with the letter or spirit of the TOS. Additionally, we may choose to discontinue providing this website or services at any time and at our sole discretion.
13. CelleSports.COM ADVERTISERS AND VENDORS
Your dealing with advertisers and vendors found on or through our website, including any payment and delivery of related goods and/or services are solely between you and the advertiser or vendor. You also agree that CelleSports.com will not be responsible or liable for any potential or consequential loss incurred as the result of such dealings. All your dealings with vendors and advertisings shall be at your sole risk.
Our website may also offer from time to time links to other websites and resources. Since we have no direct or indirect control over any third-party resources, you acknowledge and agree that CelleSports.com will not be responsible, liable, directly or indirectly, for any loss or damage caused by or about the use of or reliance on any such content, goods, or services found through any site or resource.
15. REPRODUCTION RIGHTS
Nothing on the CelleSports.com site may be reproduced without the prior written consent of the site. Except as expressly authorized by the site, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use any content or derivative works based on the website, services and content or the software, in whole or in part.
Our notices to you may be made either by email or regular mail. These notices may include advisement of changes to the TOS.
17. ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and the CelleSports.com website. It supersedes another prior version of the TOS and governs your entire use of the website, service, and access to content. The failure of the website to exercise or enforce any right or provision of the TOS shall not be construed to mean a waiver of any provision or right. If any provision or term of this TOS is deemed to be invalid or unenforceable by any court of competent jurisdiction, all the other provisions of the TOS remain in full force and effect.
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