collegeathleticsclips.com (“College Athletics Clips”, "Clips" "we" or "us") provides the Service (as defined herein) to you, subject to the following terms of service ("TOS") which may be updated by us from time to time without notice to you. It is important for you to refer to this TOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this TOS. You can review the most current version of the TOS at any time at: collegeathleticsclips.com Your use of the Service constitutes your acceptance of the TOS.
Current Subscription Fees for College Athletics Clips are posted at: collegeathleticsclips.com By subscribing you agree to pay the Subscription Fees at the rates in effect when the charges were incurred. Credit card payment can be made via credit card or payment can be made by check, whichever you choose. Under certain circumstances, we might be amenable to cash or barter payments. All subscriptions are nonrefundable. If you believe someone has accessed College Athletics Clips using your user name and password, please call us at 908-879-9978.
(a)- A College Athletics Clips "subscription" is defined as one individual (or person) who purchases a username and password that allows him/her to access the Clips website 24/7/365, plus they will receive Clips eFLASHes directly to their email inboxes (Clips eFLASHes are occasional emails of time-sensitive news items that are sent directly to the emails of selected Clips subscribers, depending on content).
(b)- College Athletics Clips "group subscriptions" are individual subscriptions of persons from the same organization (i.e.-athletic department, sports management program, sports journalism department, conference, company, media group, association, etc.) that are bundled together to qualify for special group pricing, which is negotiated on a case-by-case basis.
(c)- Only one individual person per subscription may access College Athletics Clips using a username or password, unless agreed upon otherwise. One subscription equals one person. SHARING A USERNAME & PASSWORD WITH ANOTHER PERSON IS PROHIBITED and will result in the immediate termination of the subscription.
(d)- The content available through College Athletics Clips is the property of College Athletics Clips and is protected by copyright and other intellectual property laws. You may display or print the content available through College Athletics Clips for your personal, non-commercial use only.
You agree not to copy, retransmit, forward, or otherwise provide access to the content received through College Athletics Clips to anyone, including your colleagues, with the following exception: You may occasionally distribute a copy of an article or a portion of an article from College Athletics Clips to a few individuals without charge, provided it is not on a regular basis and you include the original source attribution.
Members of the press may freely quote items from College Athletics Clips with attribution under Fair Use guidelines.
(e)- You agree not to post any content from College Athletics Clips to newsgroups, mail lists or electronic bulletin boards, without our written consent.
(f)- You agree not to use College Athletics Clips for any unlawful purpose. We reserve the right to terminate or restrict your access to College Athletics Clips if, in our opinion, your use of College Athletics Clips may violate any laws, infringe upon another person's rights or violate the terms of this Agreement—especially for violations of the one person per subscription proviso (i.e.-"Sharing a username & password with another person is prohibited" as in item [a] above). Also, we reserve the right to refuse requests for a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
College Athletics Clips’ editors, contributors and other content providers regularly provide editorial commentary which may or may not be the opinion of College Athletics Clips. Executive summaries posted on College Athletics Clips are often accompanied by some form of commentary, critique, humor, satire and/or cynicism (generally referred to as "transformative use").
Even more pointed and outspoken can be Clips Guest Commentaries, which are reprinted with permission from independent writers (contributors). As such, there are often strong opinions expressed in Clips' summaries and Guest Commentaries. If you do not agree with these opinions or are offended by them, we urge you to refrain from reading them or email us with your opinion. We’d love to hear from you, and we always encourage submittals from Clips subscribers for Guest Commentaries.
5. Service Description / Copyrights / Trademarks
The Service contains material that is protected by copyright, trademark and other intellectual property laws. You agree not to display or use the College Athletics Clips Trademarks in any matter. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit, license, resell, lease, assign, redistribute or distribute in any way any material from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
The Service contains hyperlinks to other World Wide Web sites which are not included as part of the Service ("Other Site[s]"). If you use the hyperlinks to access these Other Sites, you will leave the Service and your browser will be re-directed to the Other Sites. College Athletics Clips may not have reviewed the content of any Other Site, and, whether or not it has reviewed the content of any Other Site(s), does not warrant or make any representation regarding any Other Site's accuracy or authenticity. The hyperlinks to Other Sites do not constitute an endorsement by College Athletics Clips of any Other Site(s) or resources, or their content. College Athletics Clips is only providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by College Athletics Clips of the Other Site.
Any Other Site that links to the Service: (a) shall not create a browser or border environment around any of the content of the Service; (b) may link to, but not replicate, College Athletics Clips content; (c) shall not imply that College Athletics Clips is endorsing or sponsoring it or its products; (d) shall not present false information about College Athletics Clips or its products or services; (e) shall not use Trademarks without the prior written permission from College Athletics Clips; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.
Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any Website for any reason in our sole and absolute discretion.
THE SERVICE, INCLUDING ALL CONTENT, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, College Athletics Clips MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (C) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (D) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. College Athletics Clips DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
College Athletics Clips DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, College Athletics Clips DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
College Athletics Clips SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
UNDER NO CIRCUMSTANCES SHALL College Athletics Clips BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR College Athletics Clips HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL College Athletics Clips’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify and hold harmless College Athletics Clips with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Agreement, including, without limitation, your use of the Service. Notwithstanding the foregoing, College Athletics Clips retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against College Athletics Clips herein under the terms and provisions of this Section 6 and in no event shall you settle any such claim without College Athletics Clips’ prior written approval.
THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the New Jersey state courts in and for Morris County, New Jersey and the Federal Courts. The parties agree not to raise the defense of forum non conveniens.
Whenever, under the provisions of this TOS, you are required or permitted to give notice to College Athletics Clips, you shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to College Athletics Clips at the following address:
College Athletics Clips
This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this TOS. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.