Terms of Use

Terms-of-Use

Our goal is to provide you with local sports and the great outdoors.  We sincerely hope you enjoy our site(s).  Below is our Terms of Use policy.  Please read this before you use the site(s), as all activity on the site(s) is/are governed by these terms.

These terms govern all activity on the site(s). Please do not use the website(s) if you do not agree to any of these terms of use because once you are on our website(s) these terms of use apply.

CentralWisconsinSports.net is a wholly owned subsidiary of Central Wisconsin Sports Network, LLC.

Central Wisconsin Sports Network, LLC, (collectively, “Central Wisconsin Sports Network,” “Central Wisconsin Sports,” “CWS,” “Our,” “We,” or “Us”) reserves the right to change any features on our website(s) and to change the terms and conditions at any time.

Here are the specific terms of use:

Ability to Accept Terms of Use. The Terms of Use form a legally binding contract between you and us. By using the Website(s), you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in this Agreement, and to abide by and comply with these Terms of Use.

Comments.  You cannot use a false or misleading name. Impersonating another person on Central Wisconsin Sports is prohibited.

Copyright.  Everything on or used in connection with our Website(s), including but not limited to text, images, graphics, logos, audio and video content, software (collectively, “Content”) – with the exception of User Generated Content as defined below – is owned by us and/or our affiliates, subsidiaries, licensors or suppliers. This means that you cannot use the Content without our permission.

You may only use the Content online for purposes of visiting and using our website(s), and only for your personal, non-commercial use. This means that you may not download any of our Content, give copies to your friends, display the Content publicly, or charge anything for it.  Also, you may not use the Content to construct any kind of database or your own website.

Comment Rules. Be courteous. We encourage active discussions and welcome debate in the comment section of our website(s). However, we do not tolerate personal attacks, threats, verbal abuse, defamatory, obscene, hateful or slanderous language, or deliberate disruption of discussions with repetitive messages, meaningless messages, or “spam.” You also are prohibited from using the Website(s) to engage in any illegal conduct. We reserve the right to temporarily suspend or permanently block access by anyone to all or part of our Website(s) at any time.



Our Use of Your Information.  Generally speaking, we do not share your personal information with any third party.

User Content Representations and Warranties:  Our Website(s) may allow you to upload or share content on the Website(s) so that other users can enjoy it. There are definitely some things we do not permit you to upload or share on our Website(s). Do not upload or share anything on the Website(s) such as messages, posts, text, film, video, audio, photographic, other recordings or images, or any other content (collectively, “User Generated Content”) that you do not have a right to use and share on the Internet. By uploading or sharing any User Generated Content on our Website(s), you represent and warrant that: (a) you are the original author or creator of the User Generated Content and/or have full copyright, title and interest in and to any User Generated Content, (b) you have the full power and authority to upload and/or share the User Generated Content on the Website(s), (c) the use of any element of the User Generated Content will not violate or infringe upon the trademarks, trade names, copyrights, patents, rights or privacy or publicity or any other personal or proprietary rights of any person or entity, and will not defame or libel any person or entity, (d) you will not publish falsehoods or misrepresentations that could damage CWS or any third party; (e) you will not submit material that is, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, (f) you will not post or disseminate advertisements or solicitations of business, or otherwise engage in commercial activity on our Website(s), (g) you will not impersonate another person, (h) you will not solicit any user for material gain, and (i) you will not produce spam throughout the Website publicizing a product or event.

User Generated Content License.  Please note that if you post, upload or otherwise make available any User Generated Content on our Website(s), you will still own the User Generated Content (assuming you have rights to own it) but you are giving us the right to use your User Generated Content. That means that if you send in, post, upload, make available, or disclose to us in any way any User Generated Content, you grant us, our affiliates and related entities, the right use it any way we want in any medium without getting your permission or having to pay you for it.

In legal terms, by providing us with any User Generated Content, you grant us and our affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Generated Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize us to share the User Generated Content across all Website(s) and online media platforms, newspapers, television and radio broadcast stations, and any other media now or hereafter known affiliated with us and to use your name, likeness and any other information in connection with our use of the material you provide. You waive any moral rights you might have with respect to any User Generated Content you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Risk from User Generated Content.  We try to create an environment in which users are posting and discussing content that you will find useful, interesting and appropriate; however we cannot and do not monitor or manage all User Generated Content. Thus, we do not promise the accuracy, integrity, or quality of the User Generated Content and do not endorse it in any manner. In other words, enjoy what other members post or share, but do it at your own risk.

Also, all User Generated Content provided on the Website(s) is the sole responsibility of the person who provided it.  This means that you are entirely responsible for all User Generated Content that you provide.

Third Party Sites: Our Website(s) may allow you to link to third-party Websites. Those third-party Websites do not belong to us, and we have no control over, and assume no responsibility for, the content, accuracy, usefulness, safety, privacy policies, or practices of any third-party Websites. By using our Website(s), you expressly relieve us and our affiliates and agents of any and all liability arising from your use of any third-party Website(s) linked to our Website(s). Enjoy the links, but at your own risk.

Screening and Removal of User Generated Content.  You acknowledge that we and/or our designees may or may not pre-screen User Generated Content, and have the right (but not the obligation), in our sole discretion, to move, remove, block, edit, or refuse any User Generated Content for any reason, including without limitation that such User Generated Content violates these Terms of Use or is otherwise objectionable.

 

 Warranty Disclaimer.  We hope you enjoy the Website(s) and we also hope the Website(s) will function properly. However, you agree that your use of the Website(s) shall be at your sole risk. To the fullest extent permitted by law, CWS, its officers, directors, shareholders, employees, representatives, affiliates and agents disclaim all warranties, express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, in connection with the Website(s) and your use thereof. CWS makes no warranties or representations about the accuracy or completeness of the Website(s), and assumes to the maximum extent permitted by law no liability or responsibility for any (a) errors, mistakes, or inaccuracies on the Website(s), (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website(s), (c) unauthorized access to or use of our secure servers and/or any and all Personal Information that is not submitted using a secured transmission, (d) interruption or the cessation of transmission to or from our Website(s), (e) bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website(s) by any third-party, and/or (f) errors or omissions on our Website(s) or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website(s). CWS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Website(s) or any hyperlinked website or feature in any banner or other advertising, and CWS will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability.  In no event shall CentralWisconsinSports.net, its officers, directors, employees, shareholders, representatives, Operational Service Providers, affiliates or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) mistakes, or inaccuracies of content on the Website(s), (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website(s), (c) any unauthorized access to or use of our secure servers and/or any and all non-secured Personal Information (d) any interruption or the cessation of transmission to or from the Website(s), (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website(s) by any third party, and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website(s), whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnity.  You agree to defend, indemnify and hold harmless CentralWisconsinSports.net, its affiliates, subsidiaries, officers and directors, shareholders, agents, employees and partners, Operational Service Providers and any other parties with whom CentralWisconsinSports.net may contract to provide its services, from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, fines or forfeitures, expenses or damages (including without limitation, reasonable legal fees and expenses) of whatsoever kind and nature imposed on, incurred by or asserted against CentralWisconsinSports.net arising out of any breach or alleged breach by you of any representation, warranty, covenant or obligation pursuant to these Terms of Use or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Your Copyrighted Work.  Just as CentralWisconsinSports.net requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others.  If you believe in good faith that your copyrighted work has been reproduced on our Website(s) without authorization in a way that constitutes copyright infringement, you may notify us by sending and email to:

[email protected]

The notice must have the following information as provided by federal law (Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3)):

  1. .    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. .    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. .    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 the service provider to locate the material;
  4. .    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. .    A statement that the complaining party has 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
  6. .    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Independent Contractors. You and CentralWisconsinSports.net are independent contractors and nothing herein shall be deemed to constitute a partnership between, or joint venture of, you and CWS or constitute either party the agent of the other. You shall not hold yourself out contrary to the terms of this paragraph, and CWS shall not become liable for any representation, act or omission by you contrary to the provisions of these Terms of Use.

Termination. CentralWisconsinSports.net has the right to terminate your access to use the Website(s) for any reason, including for violation of these Terms of Use. If we ever terminate your access to any the Website(s), sections 1, 3-4, 6-13, 15-18 of these Terms of Use shall still survive and be binding upon you.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website(s) or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Governing Law and Jurisdiction. These Terms of Use and all questions relating to the performance, interpretation, breach or enforcement of these Terms of Use, or the rights, obligations and liabilities of the parties hereto, shall be governed by the laws of the State of Wisconsin, without regard to any conflict of laws provisions. You agree that any and all disputes, claims or litigation arising from or related in any way to these Terms of Use and our relationship with you hereunder shall be litigated only in a court of competent jurisdiction located in Wood County, State of Wisconsin, and you agree to be to personal jurisdiction and venue in that location.

Leave a Reply

Your email address will not be published. Required fields are marked *