ACCEPTANCE OF TERMS
Calder Valley Snooker League (CVSLeague) comprised of the internet site CVSLeague.com, (the “Sites”). CVSLeague provides the information and services on the Sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use applicable to such Sites. Your use of any of the other Sites constitutes agreement with the terms and conditions of use set forth herein (the “Terms”). Before using the Sites, please carefully read this agreement relating to your use of the Sites. By using the Sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Sites. CVSLeague reserves the right, at CVSLeague’s sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise. Your continued use of the Sites following the posting of changes to these Terms will mean that you accept those changes. Use of the Sites constitutes full acceptance of and agreement to the Terms; if a user does not accept the Terms, he or she is not granted rights to use the Sites as defined herein, and should refrain from accessing the Sites. CVSLeague reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all Sites (or any part thereof). CVSLeague shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
By using the Sites, you warrant to CVSLeague that you will not use the Sites, or any of the content obtained from the Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Sites automatically terminates.
The Sites are owned and operated by CVSLeague for the purpose of software development, discussion, implementation and innovation (the “Purpose”). The Sites provide technology news, tools, products and education for the IT and developer community.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not CVSLeague, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Sites. No user shall transmit Content or otherwise conduct or participate in any activities on the Sites that, in the judgment of CVSLeague, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. CVSLeague reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, CVSLeague shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. CVSLeague, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by CVSLeague to protect the rights, property, or personal safety of the Sites’ users and the public. CVSLeague does not control the Content posted to the Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will CVSLeague be liable in any way for any Content, including, but not limited to, liability 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 or otherwise transmitted via the Sites. Each user, by using the Sites, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any CVSLeague on the accuracy, completeness, or usefulness of such Content.
Use, reproduction, modification, and other intellectual property rights to data stored on the Sites will be subject to licensing arrangements that may be approved by CVSLeague as applicable to such Content. With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers (“CVSLeague Public Content”), the submitting user retains ownership of such CVSLeague Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by CVSLeague. In each such case, the submitting user grants CVSLeague a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license. With respect to Content posted to private areas of the Site CVSLeague.com (e.g., private development tools or mail), the submitting user may grant to CVSLeague or other CVSLeague.com users such rights and licenses as the submitting CVSLeague.com user deems appropriate. Content located on any CVSLeague-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by CVSLeague as applicable to such Content. For the purposes of these Terms, “Associated Content” means any text, data, music, sound, photograph, graphic, video, message or material, whether publicly posted or privately transmitted via CVSLeague.com. “CVSLeague Content” means any Associated Content.
When you create or make available your CVSLeague Content on CVSLeague.com, you represent and warrant that:
- you own or have sufficient rights to post or make available your CVSLeague Content on or through CVSLeague.com;
- the posting or making available of your CVSLeague Content on or through CVSLeague.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, including intellectual property rights, of any person or entity;
- you have fully complied with any third-party licenses relating to your CVSLeague Content, agree to pay for all royalties, fees and any other monies owing any person by reason of any of your CVSLeague Content that you posted on or through CVSLeague.com;
- your CVSLeague Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
- your CVSLeague Content is not obscene, lewd, lascivious, excessively violent, harassing, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another;
- your CVSLeague Content does not endorse or promote racism, bigotry, hatred, or physical harm of any kind against another group or individual, and does not discriminate, incite harassment or advocate harassment of any group or individual;
- your CVSLeague Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health and well-being of minors;
- if your employer has rights to intellectual property you create, you have either received permission from your employer to make available your CVSLeague Content, or secured from your employer a waiver as to all rights in or to your CVSLeague Content;
- your CVSLeague Content does not constitute, contain, install or attempt to install or promote spyware or malware or any other computer code (whether on CVSLeague’s or others computers or equipment) intended to, or that does, enable you or others to gather information about or monitor the online or other activities of another party, unless it discloses such functionality to the user in a clear and conspicuous manner and the user affirmatively consents to such use; and, your CVSLeague Content does not otherwise violate, or link to material that violates, any provision of these Terms or any local, state, or federal law or regulation, including any law designed to regulate electronic advertising.
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Sites, use of the Sites, or access to the Sites
CVSLeague may establish general practices and limits concerning use of the Sites. While CVSLeague will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, CVSLeague has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Site. CVSLeague reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. CVSLeague reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above. In addition, you will use the Sites in compliance with all applicable international, state, federal and local laws and in accordance with these Terms. In addition to the above, you may not access or use the Sites for any purpose other than that for which CVSLeague makes it available. Without limiting any other remedies, CVSLeague may suspend or terminate your CVSLeague.com account if we suspect that you have engaged in unlawful or prohibited activity in connection with CVSLeague.com. CVSLeague reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who, in CVSLeague’s sole discretion, violates this provision. Prohibited activity includes, but is not limited to: illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking (including using any information obtained on or via the Sites to harass, abuse, stalk, or harm another person), spamming, copyright infringement, patent infringement, or theft of trade secrets; using any information obtained from the Sites in order to contact, advertise to, solicit, or sell to any user without such user’s prior explicit consent (including non-commercial contacts like chain letters); compiling or collecting Associated Content, Site Materials, or Sponsor Content from CVSLeague.com as part of a database or other work; interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites, including, without limitation, any attempt to circumvent the access controls or security measures of CVSLeague.com; accessing the Sites by any means other than through interfaces provided by CVSLeague, unless otherwise specifically authorized by CVSLeague in a separate, prior written agreement; circumventing, disabling or otherwise interfering with security-related features of the Sites, or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Sites or the Materials therein; attempting to impersonate another user or person, using the user account of another person, and selling or otherwise transferring your user account, or otherwise misrepresenting your affiliation with a person or entity; and, selling, reselling or offering for any commercial purposes, any portion of, use of, or access to the Sites, except where specifically endorsed or approved by CVSLeague.
CVSLeague may terminate a user’s account in CVSLeague’s absolute discretion and for any reason. CVSLeague is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of a Site in a manner inconsistent with the Purpose; (4) a user’s request for such termination; or (4) as required by law, regulation, court or governing agency order. CVSLeague’s termination of any user’s access to any or all Sites may be effected without notice and, on such termination, CVSLeague may immediately deactivate or delete user’s account and/or bar any further access to such files. CVSLeague shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. CVSLeague reserves the right to delete, or not delete, a user’s account at CVSLeague’s sole discretion, as well as to delete, or not delete, content at CVSLeague’s sole discretion.
CVSLeague, any Site, or a third party may provide links to other websites. CVSLeague exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. CVSLeague shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. The Sites’ Privacy Statement is applicable only when you are on a Site. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
Each user shall indemnify, defend and hold harmless CVSLeague, and its parent corporation and affiliates and their respective officers, employees and agents, and each of CVSLeague’s website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms. EACH USER’S USE OF THE SITES IS AT HIS OR HER SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND CVSLeague ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. CVSLeague 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. SPECIFICALLY, CVSLeague MAKES NO WARRANTY THAT (i) THE SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF CVSLeague’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, CVSLeague SHALL NOT BE LIABLE 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 CVSLeague HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY OF THE SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL CVSLeague’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. 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 MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN CVSLeague AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, CVSLeague DOES NOT AND CANNOT CONTROL THE ACTIONS OF THE SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE SITES. OPERATION OF THE SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY CVSLeague. Any claim or cause of action arising out of or related to use of the Sites or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barre
CVSLeague, the CVSLeague logo and other CVSLeague trademarks All other names and designs may be trademarks of their respective owners. CVSLeague is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, CVSLeague expects you to resolve trademark disputes directly with the project administrator(s) rather than utilize CVSLeague as an intermediary.
The Terms constitute the entire agreement between each user and CVSLeague and govern each user’s use of the Sites, superseding any prior and contemporaneous agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of West Yorkshire, UK for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of the Terms 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 Terms remain in full force and effect. CVSLeague reserves the right to share or transfer personally identifiable information and aggregate information to a third party should CVSLeague ever file for bankruptcy or in the event of a sale, merger or acquisition of CVSLeague.
Please report any violations of the Terms (except for claims of intellectual property infringement) to the Site Director at secretary@CVSLeague.com. This document was last updated on 23rd September 2018.