Orange County Sports Commission
November 13, 2019
1. Orange County Sports Commission
Orange County Sports Commission, a division of Visit Anaheim, aims to solicit, promote and enhance sporting events to create a positive economic impact and improve the quality of life for the community.
2. Use Rights, Content, and Restrictions
We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use Services expressly as permitted herein. Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, worldwide, universal, transferable license to use, distribute, store, transmit reproduce any information you submit in connection with the use of Services (“Your Content”). You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.
You are prohibited from violating or attempting to violate the security or integrity of Services or otherwise violating or infringing our rights or the rights of others who use our Services and agree not to do the following:
- Use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of Services, or in any way reproduce or circumvent the navigational structure or presentation of Services, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through Services;
- Gain or attempt to gain unauthorized access to any portion or feature of Services, or any other system or network connected to Services or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
- Probe, scan, or test the vulnerability of Services;
- Take any action that would cause an unreasonable or disproportionately large load on the infrastructure of Services or our systems or networks, or any systems or networks connected to the Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
- Use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of Services;
- Not to make any false or misleading statements in connection with your use of Services;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; and/or
- Restrict or inhibit any other user from using and enjoying Services.
3. Intellectual Property Rights
The design of Services and created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Our Content"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to engage in the use, copying, or distribution of any of Our Content used in connection with Services.
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Services user-friendly and accessible to visitors with disabilities. WCAG principals provide for website content to be perceivable, operable, understandable, and robust. We have a team of dedicated professionals who regularly evaluate the content of our Services in relation to WCAG’s recommendations and who accordingly assist with operationalizing the same. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Services.
Please contact us by e-mail at firstname.lastname@example.org or by phone at (714) 765-2800 (Monday through Friday, from 8 a.m. to 6 p.m. PST) for assistance with our Site.
5. Disclaimer of Warranties
SERVICES ARE PROVIDED TO YOU AS IS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT (1) SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE WILL BE CORRECTED.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
6. Limitation of Liability
YOUR USE OF SERVICES IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You agree to defend and indemnify us and our employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i) Your Content; (ii) your use of Services; (iii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
You may terminate your participation at any time by discontinuing use of Services. If you have a dispute with us relating to Services, immediately cease all use of Services. Ceasing use of Services is your only remedy with respect to any dispute that you may have with us. The following Sections shall survive termination of the Agreement or your use of Services: 2, 3, 6, 7, 8, and 13.
10. Third-Party Links
Services incorporate links to third-party websites. Some third-party websites may collect data or solicit personal information from you. We neither own nor control such third-party websites and are not responsible for their content or actions. Please read the terms and conditions and privacy policies of any third-party website that may be linked to our Site.
By providing your email address or signing up for our newsletter you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services.
You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at email@example.com with the word “UNSUBSCRIBE” in the subject line.
13. Notice of Arbitration
CHOICE OF LAW AND VENUE
The Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A. without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply hereto.
Any dispute or controversy arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement, will be settled by arbitration to be held in Los Angeles, California, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The prevailing party shall be entitled to recover from the non-prevailing party the prevailing party’s actual attorneys’ fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred in connection with arbitration and enforcement of the judgment.
WAIVER OF RIGHT TO JURY TRIAL
Each party acknowledges and waives its right to a jury trial for all disputes relating to all aspects of the Agreement as set forth by Section 13(a) above.
THIS NOTICE OF ARBITRATION PROVISION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
14. Contacting Us
If you have any questions or about Services, please contact us at firstname.lastname@example.org.
ORANGE COUNTY SPORTS COMMISSION
2099 S. STATE COLLEGE BLVD., SUITE 600
P.O. BOX 4270
ANAHEIM, CA 92806