Terms of Service
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use certain VYPE products or services displaying or otherwise governed by these Terms of Service, including durantsportszone.com (the “Site”), any of the features of the Site, including but not limited to RSS feeds, APIs, and Software (as defined below) and other downloads, and Premium Subscriptions, you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and VYPE.
1.2 IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY (i) CANCEL YOUR ACCOUNT AND/OR (ii) DISCONTINUE YOUR USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS.
1.3 We may change, add or remove portions of these Terms of Service at any time by notifying you of the change in writing (including by email or by updating the date above after “Last Updated On”). Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site.
1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
1.5 Being exposed to advertising is a condition of accessing the Services.
2. CONTENT ON THE SERVICES
2.1 The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published or available on the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the “Content“) are protected by copyright, and owned or controlled by VYPE Media or the party credited as the provider of the Content. VYPE also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights therein pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Services (including Software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Services for your personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from VYPE Media, or the copyright holder identified in the copyright notice contained in the Content.
2.4 Certain Content is furnished by the third parties which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom. AND/OR (ii) DISCONTINUE YOUR USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS.
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE
3.1 If you upload, post or submit any content on the Service, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on to the Services any malware, viruses, spyware, or other malicious software or files to the Services. You shall not use automated means to upload to, or distribute or otherwise publish onto, the Services any content.
Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
Use respectful language. Like any community, the online conversation flourishes only when our members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. VYPE encourages active discussions and welcomes heated debate on the Services, but personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
3.2 The Services shall be used only in a noncommercial manner. You shall not, without the express approval of VYPE, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You may not use all or part of the Services to collect, store, or use any user information for any purpose not expressly permitted by these Terms of Service.
3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission“) may be edited, removed, modified, published, transmitted, and displayed by VYPE and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
3.4 You grant VYPE a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for VYPE, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by VYPE, including any Submission posted on or to the Services through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while VYPE does not and cannot review every Submission and is not responsible for the content of these messages, VYPE reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.
3.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
4. PROHIBITED USE OF THE SERVICES
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. Without VYPE’s prior written consent, you shall not:
(i) access any part of the Services, Content, data or information you do not have permission or authorization to access or for which VYPE has revoked your access;
(ii) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise access or collect the Content, data or information from the Services using automated means;
(iii) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;
(iv) cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);
(v) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and
(vi) do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.
Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
5. REGISTRATION AND SECURITY
5.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also can be requested to provide certain registration information, which must be accurate and updated.
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of VYPE. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.
You consent to receive notifications from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
5.2 Please notify [email protected] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
5.3 You must be 13 years or older to use any part of the Services in the USA and the UK, and 16 years or older anywhere else. If you are less than 18 years of age and would like to use, subscribe or register to any part of the Services, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Services or ask them to complete the purchase and/or registration on your behalf.
5.4 You are responsible for all usage or activity on your account with VYPE, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.
5.5 If your access to any Service has been provided by or through a third party (for example, your employer or an educational institution at which you are a student) (each, a “Client”), the Client may have provided us with information about you to enable us to provide you with access to the Services and distinguish you from other subscribers (such as your IP address, email address or name).
6. FEES AND PAYMENTS
6.1. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.