Effective: November 23, 2015
Last updated: November 23, 2015
These Terms of Service ("Terms") govern your access to and use of the services, website, blog, and applications offered by Deflategate (the "Site"). Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Site you agree to be bound by these Terms.
You may use the Site only if you can form a binding contract with Deflategate, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on Deflategate. Once you have completed the account registration process, you will have the option to create a Virtual Name (alias) that you will then be able to use as your handle to comment on the Site. The Virtual Name (alias) feature is located in the Profile section of the Site, and can be accessed via Edit Profile.
We may, without prior notice, make changes to the Site; stop providing the Site or features of the Site, to you or to users generally; or create usage limits for the Site.
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. Deflategate will not be liable for any loss or damage arising from your failure to comply with this instruction.
"Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Site. You retain ownership of all Content you submit, post, display, or otherwise make available on the Site.
By submitting, posting or displaying Content on or through the Site, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Deflategate to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Deflategate may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Site.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Additionally, by uploading content to the site, you warrant, represent and agree that you have the right to grant Deflategate the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Deflategate reserves the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
Your Content will be viewable by other users of the Site and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Site. Any use of or reliance on any Content or materials posted via the Site or obtained by you through the Site is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Site or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Deflategate be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Site or broadcast elsewhere.
You are responsible for your use of the Site, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. Deflategate will not be responsible or liable for any use of your Content by Deflategate in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Site and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Deflategate, its users and the public.
You must not do any of the following while accessing or using the Site: (i) use the Site for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the "Your Consent to Deflategate" section of these terms; (iii) use the Site for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Site, Deflategate’s computer systems, or the technical delivery systems of Deflategate’s providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Deflategate (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Deflategate (crawling the Site is permissible in accordance with these Terms, but scraping the Site without the prior consent of Deflategate except as permitted by these Terms is expressly prohibited); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Site.
All right, title, and interest in and to the Site (excluding Content provided by users) are and will remain the exclusive property of Deflategate and its licensors. The Site is protected by copyright, and other laws of both the United States and foreign countries. Any feedback, comments, or suggestions you may provide regarding the Site is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Site may include advertisements, which may be targeted to the Content or information on the Site, queries made through the Site, or other information. The types and extent of advertising by Deflategate on the Site are subject to change. In consideration for Deflategate granting you access to and use of the Site, you agree that Deflategate and its third party providers and partners may place such advertising on the Site or in connection with the display of Content or information from the Site whether submitted by you or others.
Deflategate respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Site is:
Attn: Copyright Agent
401 E. Las Olas Blvd., Ste. 130-507
Fort Lauderdale, FL 33301
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Deflategate will also terminate a user's account if the user is determined to be a repeat offender.
The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Deflategate of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your access to and use of the Site or any Content is at your own risk. You understand and agree that the Site is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, DEFLATEGATE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Site or any content thereon. Deflategate will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, or any Content. You also agree that Deflategate has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Deflategate or through the Site, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEFLATEGATE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DEFLATEGATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Site, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Site will be brought solely in Broward County, Florida, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
These Terms are the entire and exclusive agreement between Deflategate and you regarding the Site (excluding any services for which you have a separate agreement with Deflategate that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Deflategate and you regarding the Site.
The failure of Deflategate to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Site may indicate). If there is a revision, in our sole discretion, we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.
The Site is operated and provided by AmherstHC, Inc., 401 E. Las Olas Blvd., Fort Lauderdale, FL 33301. If you have questions about these Terms, please contact us at TOS@deflategate.com.