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| 1. Acceptance of Terms |
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| Welcome to Kournikova.com, the Official Website of Anna Kournikova,
operated by akseven, LLC and SportsMates, Inc (collectively
"Kournikova.com"). Kournikova.com provides its service
to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice
to you. In addition, when using particular Kournikova.com owned
or operated services, you and Kournikova.com shall be subject
to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS. |
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| 2. Description of Service |
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| Kournikova.com currently provides users with access to a rich
collection of resources which includes, but is not limited to,
conent, communications tools, shopping services, search services
and branded programming through the Kournikova.com service (the
"Service"). You understand and agree that the Service
may include advertisements and that these advertisements are
necessary for Kournikova.com to provide the Service. You understand
and agree that the Service is provided "AS-IS." |
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| 3. Your Registration Obligations |
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| To access certain features of the Service, a Kournikova.com
Community registration may be required. The Kournikova.com Community
is hosted on SportsMates,
a social networking service operated by SportsMates, Inc. All
users of the Service who choose to register for the Kournikova.com
Community must accept and agree to the SportsMates Terms of
Service available here
and must accept and agree to the SportsMates Privacy Policy
available here.
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| 4. Kournikova.com Privacy Policy |
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| Data we collect about you is subject to our Privacy
Policy. |
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| 5. Conduct |
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You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and
not Kournikova.com, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available
via the Service. Kournikova.com does not always control the
Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. Under no
circumstances will Kournikova.com be liable in any way for any
Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to: |
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| 1. |
upload, post, email, transmit or otherwise
make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable; |
| 2. |
harm minors in any way; |
| 3. |
impersonate any person or entity, including,
but not limited to, a Kournikova.com official, forum leader,
guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity; |
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forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service; |
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upload, post, email, transmit or otherwise
make available any Content that you do not have a right
to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
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| 6. |
upload, post, email, transmit or otherwise
make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party; |
| 7. |
upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas
that are designated for such purpose; |
| 8. |
upload, post, email, transmit or otherwise
make available any material that contains software viruses
or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; |
| 9. |
disrupt the normal flow of dialogue, cause
a screen to "scroll" faster than other users
of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to
engage in real time exchanges; |
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interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations
of networks connected to the Service; |
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intentionally or unintentionally violate
any applicable local, state, national or international
law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having
the force of law; |
| 12. |
"stalk" or otherwise harass another; or |
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collect or store personal data about other
users. |
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| 6. Special Admonitions for International Use |
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| Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from
the United States or the country in which you reside. |
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| 7. Content Submitted or Made Available for Inclusion on
the Service |
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| Kournikova.com does not claim ownership of Content you submit
or make available for inclusion on the Service. However, with
respect to Content you may submit or make available for inclusion
on publicly accessible areas of the Service, you grant Kournikova.com
the following world-wide, royalty free and non-exclusive license(s),
as applicable: |
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With respect to Content you submit or make
available for inclusion on publicly accessible areas of
the Service, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purposes of providing
and promoting the Service. This license exists only for
as long as you elect to continue to include such Content
on the Service and will terminate at the time you remove
or Kournikova.com removes such Content from the Service. |
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With respect to Content other than photos,
graphics, audio or video you submit or make available
for inclusion on publicly accessible areas of the Service,
the perpetual, irrevocable and fully sublicensable license
to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such
Content into other works in any format or medium now known
or later developed. |
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| "Publicly accessible" areas of the Service are those areas
of the the Service that are intended by Kournikova.com to be
available to the general public. |
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| 8. Indemnity |
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| You agree to indemnify and hold Kournikova.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation
of any rights of another. |
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| 9. No Resale of Service |
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| You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, any portion of
the Service, use of the Service, or access to the Service. |
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| 10. Modifications to Service |
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| Kournikova.com reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You
agree that Kournikova.com shall not be liable to you or to any
third party for any modification, suspension or discontinuance
of the Service. |
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| 11. Termination |
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| You agree that Kournikova.com may, without prior notice, immediately
terminate your access to the Service. Cause for such termination
shall include, but not be limited to, (a) breaches or violations
of the TOS or other incorporated agreements or guidelines, (b)
requests by law enforcement or other government agencies, (d)
discontinuance or material modification to the Service (or any
part thereof) and (e) unexpected technical or security issues
or problems. |
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| 12. Dealings with Advertisers |
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| Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that Kournikova.com shall not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such advertisers on the Service. |
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| 13. Links |
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| The Service may provide, or third parties may provide, links
to other Internet websites or resources. Because Kournikova.com
has no control over such websites and resources, you acknowledge
and agree that Kournikova.com is not responsible for the availability
of such external websites or resources, and does not endorse
and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such websites
or resources. You further acknowledge and agree that Kournikova.com
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content, goods
or services available on or through any such website or resource. |
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| 14. Kournikova.com' Proprietary Rights |
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You acknowledge and agree that the Service and
any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized
by Kournikova.com or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
Kournikova.com grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on
a single computer; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means
other than through the interface that is provided by Kournikova.com
for use in accessing the Service. |
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| 15. DISCLAIMER OF WARRANTIES |
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| YOU EXPRESSLY UNDERSTAND AND AGREE THAT: |
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| 1. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. KOURNIKOVA.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. |
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KOURNIKOVA.COMMAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. |
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
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NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM KOURNIKOVA.COM OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS. |
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A SMALL PERCENTAGE OF USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS
OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED
EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE
OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE
-- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES,
LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS. |
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| 16. LIMITATION OF LIABILITY |
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| YOU EXPRESSLY UNDERSTAND AND AGREE THAT KOURNIKOVA.COM SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF KOURNIKOVA.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. |
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| 17. EXCLUSIONS AND LIMITATIONS |
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| SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU. |
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| 18. No Third-Party Beneficiaries |
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| You agree that, except as otherwise expressly provided in
this TOS, there shall be no third party beneficiaries to this
Agreement. |
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| 19. Notice |
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| Kournikova.com may provide you with notices, including those
regarding changes to the TOS, by postings on the Service. |
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| 20. Trademark Information |
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| Logos, service marks and product and service names are trademarks
of akseven, LLC, SportsMates, Inc. or their respective owners
(the "Kournikova.com Marks"). Without prior permission,
you agree not to display or use in any manner, the Kournikova.com
Marks. |
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| 21. Notice and Procedure for Making Claims of Copyright
or Intellectual Property Infrigement |
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| Kournikova.com respects the intellectual property of others,
and we ask our users to do the same. Kournikova.com may, in
appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers.
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide Kournikova.com
the following information: |
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| 1. |
an electronic or physical signature of the
person authorized to act on behalf of the owner of the
copyright or other intellectual property interest; |
| 2. |
a description of the copyrighted work or
other intellectual property that you claim has been infringed; |
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a description of where the material that
you claim is infringing is located on the website; |
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your address, telephone number, and email
address; |
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a statement by you that you have a good
faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; |
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a statement by you, made under penalty of
perjury, that the above information in your notice is
accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or
intellectual property owner's behalf. |
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| Kournikova.com's Agent for Notice of claims of copyright or
other intellectual property infringement can be reached at copyright@kournikova.com. |
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| 22. General Information |
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Entire Agreement. The TOS constitute the entire agreement
between you and Kournikova.com and govern your use of the Service,
superceding any prior agreements between you and Kournikova.com.
You also may be subject to additional terms and conditions that
may apply when you use or purchase certain other Kournikova.com
services, affiliate services, third-party content or third-party
software.
Waiver and Severability of Terms. The failure of Kournikova.com
to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOS remain
in full force and effect.
No Right of Survivorship and Non-Transferability. You agree
that your Kournikova.com account is non-transferable and any
rights to your Kournikova.com account or contents within your
account terminate upon your death. Upon receipt of a copy of
a death certificate, your account may be terminated and all
contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TOS must be filed
within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the TOS are for convenience only and have
no legal or contractual effect. |
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| 23. Violations |
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| Please report any violations of the TOS to customerservice@kournikova.com. |
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