Terms and Conditions of Use
Preface and Definitions
These Terms of Service hereinafter referred to as the "Terms" govern your access and use of our website, AIMSports.tv, located at the web address http://aimsports.tv/ and includes any and all related products, services, advertisements, widgets, and business units collectively referred to as "AIMSports.tv". Any information, text, links, graphics, photos, videos, or any other materials or arrangements of materials uploaded, downloaded or appearing on AIMSports.tv shall be collectively referred to as the "Content". The "end user" is defined as the entity accessing, displaying, processing, or posting to AIMSports.tv. The terms end user and you, your, or yours may be used interchangeably with no change in meaning either expressed or implied. By using AIMSports.tv the end user agrees to be bound to these Terms and Conditions.
By submitting posting or displaying Content on or through AIMSports.tv, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) 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 Athletes in Motion Sports Television, Inc. to provide, promote, and improve the website and to make Content submitted to or through AIMSports.tv available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Athletes in Motion Sports Television, Inc. or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content you submit, post, transmit or otherwise make available through our website.
To the maximum extent permitted by applicable law, the end user shall indemnify, hold harmless and defend Athletes in Motion Sports Television, Inc. and its wholly owned subsidiaries, at their expense, from any and all third-party claims, actions, proceedings, and suits brought against Athletes in Motion Sports Television, Inc. or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by Athletes in Motion Sports Television, Inc. or any of its officers, directors, employees, agents or affiliates, arising out of or relating to:
- (i) Your breach of any term or condition of the Terms,
- (ii) Your use of the AIMSports.tv,
- (iii) Your violations of applicable laws, rules or regulations in connection with Athletes in Motion Sports Television, Inc.,
- (iv) any representations and warranties made by the end user concerning any aspect of Athletes in Motion Sports Television, Inc. to any Third Party;
- (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of AIMSports.tv,
- (vi) violations of Your obligations of privacy to any Third Party; and
- (vii) any claims with respect to acts or omissions of any Third Party in connection with Athletes in Motion Sports Television, Inc.
Disclaimers and Limitations of Liability
AIMSports.tv is available "As Is"
Your access to and use of AIMSports.tv or any Content are at your own risk. You understand and agree that AIMSports.tv is provided to you on an "As Is" and "As Available" basis. The "Athletes in Motion Sports Television Entities" refers to Athletes in Motion Sports Television, Inc., its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Athletes in Motion Sports Television Entities disclaim all warranties and conditions, whether expressed or implied, of merchant-ability, fitness for a particular purpose or non-infringement. The Athletes in Motion Sports Television Entities make no warranty or representation and disclaim all responsibility and liability for:
- (i) the completeness, accuracy, availability, timeliness, security, or reliability of AIMSports.tv or any Content contained therein;
- (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of AIMSports.tv or any Content;
- (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Athletes in Motion Sports Television, Inc; and
- (iv) whether AIMSports.tv will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Limitation of Liability
To the maximum extent permitted by applicable law, the Athletes in Motion Sports Television Entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from
- (i) your access to or use of or inability to access or use AIMSports.tv;
- (ii) any conduct or Content of any third party on the services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;
- (iii) any Content obtained from AIMSports.tv; or
- (iv) unauthorized access, use, or alteration of your transmissions or Content.
These Terms contain the complete and fully integrated agreement between the end user and Athletes in Motion Sports Television, Inc. and hereby completely replaces any previous discussions, understandings and agreements.
Athletes in Motion Sports Television, Inc. reserves the exclusive right to revise these Terms as it deems necessary. The changes will not be retroactive, and the most current version of the Terms, will govern our relationship with the end user. Athletes in Motion Sports Television, Inc. will make a reasonable effort to attempt to notify the end user of any material revisions to these Terms. By continuing to access or use AIMSports.tv after those revisions become effective, you agree to be bound by the revised Terms.
The end user may not assign this Agreement to any other person or entity without the express prior written consent of Athletes in Motion Sports Television, Inc. or its successor in interest, as applicable, except as expressly provided otherwise in the Terms. A putative assignment made without such required consent will have no effect. Athletes in Motion Sports Television, Inc. reserves the right to assign these Terms by operation of law, as a result of a merger, consolidation, amalgamation, or other transaction or series of transactions, or outside of such a transaction or series of transactions, at any time and without providing any notice and without the consent of the end user.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
The failure of Athletes in Motion Sports Television, Inc. to enforce any right or provision of these Terms, either intentionally or otherwise, shall not be deemed a waiver of such right or provision.
Venue and Governing Law
The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Athletes in Motion Sports Television, Inc. All disputes related to these Terms or Athletes in Motion Sports Television, Inc. will be brought solely in the federal or state courts located in Orange County, California, United States, and the end user consents to personal jurisdiction and waives any objection as to inconvenient forum. If the end user is a federal, state, or local government entity in the United States using AIMSports.tv in your official capacity and legally unable to accept the controlling law, jurisdiction of venue clauses above, then those clauses shall not apply. For such United States federal government entities, these Terms and any action related thereto will be governed by the Laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
Waiver of Jury Trial
Both Athletes in Motion Sports Television, Inc. and the end user hereby waives to the fullest extent permitted by applicable law any right it may have to a trial by jury with respect to any litigation directly or indirectly arising out of, under or in connection with these Terms.
Any headings utilized within these Terms and its division into sections, sub-sections, schedules, and any other subdivisions shall not effect its interpretation.