Effective Date: [10 February 2014] Updated: [10 February 2014]
(A) ASP encourages parents and guardians to spend time with their children online, and to be fully familiar with the sites visited by the children in their care, including ASPWORLDTOUR.com. ASPWORLDTOUR.com is not intended for use by people under the age of thirteen (13). If you are under the age of eighteen (18), you should not participate in contests or sweepstakes or other promotional opportunities on ASPWORLDTOUR.com, nor should you post information to ASPWORLDTOUR.com without a parent or guardian’s consent.
(C) ASP shall have the right at any time to change or discontinue any aspect or feature of ASPWORLDTOUR.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. CHANGED TERMS.
You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of ASPWORLDTOUR.com and all charges related thereto.
5. REGISTRATION OBLIGATIONS.
If you register with ASP, you agree to provide true, accurate, current and complete information about yourself. ASP has the right to suspend or terminate access and refuse any and all current or future use of ASPWORLDTOUR.com (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if ASP reasonably suspects that you have provided untrue, inaccurate, or incomplete information.
6. SMS SUBSCRIPTIONS.
By subscribing to ASPWORLDTOUR.com mobile alerts, if available, you certify that you are over 18 years of age or have parental consent, are the account holder or have the account holder's permission, and agree to receive ongoing SMS messages from ASP. Service is available on select carriers. Your carrier's standard message and data rates may apply. ASP will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. SMS messages are provided on an as is basis. Data obtained from you in connection with SMS service may include your cell phone number, carrier's name, and date, time and content of message. Such information may be used by ASP to contact you and to provide services you request.
(A) You shall use ASPWORLDTOUR.com for lawful purposes only. You shall not post or transmit through ASPWORLDTOUR.com any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which, without ASP’s express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in ASP’s discretion restricts or inhibits any other individual from using or enjoying ASPWORLDTOUR.com will not be permitted. You shall not use ASPWORLDTOUR.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other on-line information services competitive with ASPWORLDTOUR.com.
(B) You shall not use or permit or facilitate others to use ASPWORLDTOUR.com automated electronic processes, robots, spiders, scrapers, webcrawlers, or other computer programs that monitor, copy or download data or other content found on or accessed through ASPWORLDTOUR.com including without limitation real time video, audio, statistics, polling, or data content, whether current or archival.
(C) You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way ASPWORLDTOUR.com or servers or networks connected to ASPWORLDTOUR.com, or disobey any requirements, procedures, policies or regulations of networks connected to ASPWORLDTOUR.com.
(E) You shall not create a frame, browser or border around any of the content of ASPWORLDTOUR.com or link to ASPWORLDTOUR.com without ASP’s prior express written permission (except that you may use a plain text-only link to the home page of ASPWORLDTOUR.com, which link does not in any way imply a sponsorship or affiliation with ASPWORLDTOUR.com, ASP, ASP TOUR, or any of its affiliates.
(F) ASPWORLDTOUR.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ASPWORLDTOUR.com are copyrighted as a collective work under United States copyright laws. ASP owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ASP and the copyright owner (if different). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
(G) You shall not upload, post or otherwise make available on ASPWORLDTOUR.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of ASPWORLDTOUR.com, you automatically grant, or warrant that the owner of such material has expressly granted, ASP the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant ASP the right to edit, copy, publish and distribute any material you make available on ASPWORLDTOUR.com. The foregoing provisions of Section 7 are for the benefit of ASP its, parent companies, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
(A) YOU AGREE THAT USE OF ASPWORLDTOUR.COM IS AT YOUR SOLE RISK. NEITHER ASP, ASPWORLDTOUR.COM, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ASPWORLDTOUR.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ASPWORLDTOUR.COM, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ASPWORLDTOUR.COM. ASPWORLDTOUR.COM IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(B) NEITHER ASPWORLDTOUR.COM, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ASPWORLDTOUR.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL ANY OF THE FOREGOING PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ASPWORLDTOUR.COM.
(C) YOU AGREE THAT NEITHER ASP, ASPWORLDTOUR.COM, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ASP shall have the right, but not the obligation, to monitor the content of ASPWORLDTOUR.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by ASP and to satisfy any law, regulation or authorized government request. ASP shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on ASPWORLDTOUR.com. Without limiting the foregoing, ASP shall have the right to remove any material that ASP, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless ASP, ASPWORLDTOUR.com, its parent company, and their respective affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ASPWORLDTOUR.com by you or any third party.
Either ASP or you may terminate your access to and/or use of ASPWORLDTOUR.com at any time. Without limiting the foregoing, ASP shall have the right to immediately terminate your access and/or use of ASPWORLDTOUR.com in the event of any conduct by you which ASP, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 8, 10, 14 and 16 and this Section 11 shall survive termination of this Agreement.
12. LICENSED TRADEMARKS AND CONTENT.
ASPWORLDTOUR.com, ASP and the ASP LOGO are trademarks of Association of Surfing Professions, LLC used here under license. All rights are reserved by the respective rights holders. All other trademarks appearing on ASPWORLDTOUR.com are the property of their respective owners.
13. THIRD PARTY CONTENT.
ASP may from time to time act as a distributor (and not a publisher) of content supplied by third parties and users. Accordingly, ASP has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of ASPWORLDTOUR.com, are those of the respective author(s) or distributor(s) and not of ASP. Neither ASP, its parent companies or affiliates, nor any third-party provider of information, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through ASPWORLDTOUR.com represents the opinions and judgments of the respective information provider, you, or other user not under contract with ASP. Neither ASP nor its parent companies or their affiliates endorse nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ASPWORLDTOUR.com by anyone other than authorized ASP employee spokespersons while acting in their official capacities. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ASPWORLDTOUR.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. ASPWORLDTOUR.com may contain links to other third party web sites or resources. ASP has no control over such sites and resources, and you acknowledge and agree that ASP bears no responsibility for the availability of such external sites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and also bears no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web site or resource.
Please refer to http://www.aspworldtour.com/pages/asp-privacy-policy for information on how ASP collects, uses, and discloses your personal information.
15. COPYRIGHTS AND COPYRIGHT AGENT.
ASP respects the rights of all copyright holders and, in this regard, ASP has adopted and implemented a policy that provides for the termination in appropriate circumstances of access and use by users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ASP’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) 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 ASP to locate the material; (iv) Information reasonably sufficient to permit ASP to contact the complaining party; (v) 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 (vi) 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. For copyright inquiries under the Digital Millennium Copyright Act please contact: Copyright Agent, ASP, email@example.com. For web posting, reprint, transcript or licensing requests for ASPWORLDTOUR.com material, please contact firstname.lastname@example.org. For any questions or requests other than copyright issues or licensing requests, please contact email@example.com.
16. ACCEPTANCE OF ASP ASP FANTASY SURFING TERMS.
Welcome to ASP Fantasy Surfing ("Fantasy Surfing"), owned and operated by [ASP LLC]. ("ASP"). ASP offers the Fantasy Surfing service to you subject to these Additional Terms (which supplement the ASP Terms of Service, located at [http://www.aspworldtour.com/pages/terms-conditions], and are hereby incorporated by reference), the ASP Fantasy Surfing rules and instructions ("Rules and Instructions", located at http://mct.fantasy.aspworldtour.com/rules), and any other rules or guidelines that may be published by ASP on a periodic basis (any of which may be updated by ASP from time to time) (collectively, the "Agreement"). For clarity, ASP Fantasy Surfing is a "Service" as defined in the ASP Terms of Service. ANY PARTICIPATION IN ASP FANTASY SURFING WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT PARTICIPATE IN ASP FANTASY SURFING.
ASP REGISTRATION REQUIREMENT
To participate in ASP Fantasy Surfing, you must be a registered user of aspworldtour.com. If you do not have an aspworldtour.com user account, you will be prompted to register before completing the process for ASP Fantasy Surfing activation.
ACCURACY OF INFORMATION
ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH FANTASY SURFING ARE UNOFFICIAL. Fantasy Surfing and its components are offered for informational and/or entertainment purposes only. While ASP and the third parties used to provide the Service (the "Third Party Providers") use reasonable efforts to include accurate and up-to-date information, neither ASP nor its Third Party Providers warrant or make any representations of any kind with respect to the information provided to you through the Service. ASP and its Third Party Providers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any error or omissions in that information.
ENTERTAINMENT PURPOSES ONLY
Fantasy Surfing is for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
COLLECTION OF PERSONAL INFORMATION
ASP'S RESERVATION OF RIGHTS
ASP expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of any ASP service, including the Fantasy Surfing service, if ASP: (a) in its sole discretion, believes you have violated or tried to violate the rights of others; (b) becomes aware of information indicating a safety concern for you, other ASP users, or the general public, or (c) in its sole discretion, believes that you have acted inconsistently with the spirit or letter of the TOS, these Additional Terms, or the Rules and Instructions. ASP Fantasy Surfing and its related benefits are offered at the discretion of ASP, and ASP has the right to modify or discontinue, temporarily or permanently, Fantasy Surfing, whether in whole or in part for any reason, with or without notice to you. You agree that ASP will not be liable to you or to any third party for any modifications or discontinuance of the Service.
You agree to indemnify and hold harmless ASP, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of, or participation in, Fantasy Surfing, your connection to the Service, your violation of the TOS, these Additional Terms, the Rules and Instructions, or of any rights of another person or entity.
INVALIDITY OF SPECIFIC TERMS
If any provision of these Additional Terms or any document incorporated by reference 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 such documents remain in full force and effect.
LOCATION OF LAWSUIT
The ASP Terms of Service, which apply to your use of ASP Fantasy Surfing, provide that both you and ASP agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, USA. The ASP Terms of Service, these Additional Terms and the relationship between you and ASP will be governed by the laws of the State of California, without regard to its conflicts of law provisions.
WHAT TO DO IF YOU WITNESS A VIOLATION
If you witness any user activity in ASP Fantasy Surfing that violates the Terms of Service, these Guidelines or the ASP Fantasy Surfing Rules and Instructions then in effect, please notify us of such activity at [firstname.lastname@example.org]. ASP cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service a fun place for everyone.