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Terms & Conditions
Use of the Official Website of the
Saint Louis Stunners (the "Website") is
subject to the following terms of use:
1. Website Ownership
The Website is owned by Stunners
Basketball & Entertainment, LLC. All
materials distributed in the Website
(the "Materials") are either owned by or
licensed to Saint Louis Stunners and/or
the American Basketball Association. The
Stunners and its licensors retain all
proprietary rights to the Materials.
Except for downloading one copy of the
Materials on any single computer for
your personal, non-commercial home use,
you must not reproduce, prepare
derivative works based upon, distribute,
perform or display the Materials without
first obtaining the written permission
of the Stunners. Materials must not be
used in any unauthorized manner.
- Associated Press ("AP") text,
photo, graphic, audio and/or video
material (collectively, the "AP
Materials") shall not be published,
broadcast, rewritten for broadcast
or publication or redistributed
directly or indirectly in any
medium. Neither these AP Materials
nor any portion thereof may be
stored in a computer except for
personal and non-commercial use. AP
will not be held liable in any way
to any Website user or to any third
party or to any other person who may
receive information in the AP
Materials or to any other person
whatsoever, for any delays,
inaccuracies, errors or omissions
therefrom or in the transmission or
delivery of all or any part thereof
or for any damages arising from any
of the foregoing or occasioned
thereby. Corporate, governmental and
institutional Users may use portions
of the AP Materials for internal
printed communications and
memoranda.
- Notice and Procedure for Making
Claims of Copyright Infringement.
Pursuant to the Digital Millennium
Copyright Act, Title 17, United
States Code, Section 512(c)(2)
("DMCA"), the Stunners has
designated to the U.S. Copyright
Office an agent to receive
notifications of claimed copyright
infringement relating to this
Website (the "Designated Agent").
All such notifications relating to
this Website must be submitted in a
manner consistent with the DMCA to
the following Designated Agent:
Service Provider: Stunners
Basketball & Entertainment, LLC.
Name of Agent Designated to
Receive Notification of Claimed
Infringement: Earl A Childress,
II
Full Address of Designated Agent
to Which Notification Should Be
Sent: PO Box 38217 St. Louis, MO
63138 United States of America
E-mail Address of Designated
Agent:
legal@stlstunner.com
2. Message Features
- Participation. The Website may
offer opportunities for you to
transmit messages in connection with
various features including vanity
email, auctions and message boards
("Message Features"). You must use
Message Features in a responsible
manner, and are solely responsible
for any content you transmit. You
must not transmit any message
("Message") in connection with any
Message Feature that: (i) imposes an
unreasonable or disproportionately
large load on the Website's
infrastructure, or otherwise
adversely affects, restricts or
inhibits any other user from using
and enjoying the Website; (ii) is
threatening, abusive, libelous,
defamatory, obscene, vulgar,
offensive, pornographic, profane,
sexually explicit or indecent; (iii)
constitutes or encourages conduct
that would constitute a criminal
offense, give rise to civil
liability or otherwise violate any
local, state, national or
international law; (iv) violates,
plagiarizes or infringes the rights
of third parties including, without
limitation, copyright, trademark,
patent, rights of privacy or
publicity or any other proprietary
right; (v) contains a virus or other
harmful component; (vi) contains any
information, software or other
material of a commercial nature;
(vii) contains advertising,
promotions or commercial
solicitations of any kind; (viii)
constitutes or contains false or
misleading indications of origin or
statements of fact; (ix) contains
material irrelevant to the subject
matter of the Message Feature; or
(x) contains any virus, trojan
horse, worm, time bomb, cancelbot or
other similar harmful or deleterious
programming routine.
In order to participate in any
Message Feature, you may be asked to
register by providing certain
personal information such as your
name and/or email address. (The
Website's Privacy Policy explains
how such information may be
collected and used.) You may also be
asked select a screen name ("Screen
Name") for identification purposes.
You must not use any Screen Name
that violates any term of
subsections (i)-(x) above, or any
other operating term set forth by
the Stunners.
- License. By transmitting any
Message or Screen Name, you are
granting the Stunners a perpetual,
royalty-free, non-exclusive, and
irrevocable right and license to
reproduce, prepare derivative works
based upon, distribute, perform or
display such Message or Screen Name,
in whole or in part, in any form,
media or technology known or
hereafter developed.
- Message and Screen Name Review.
The Stunners and its vendors act as
a passive conduit in connection with
your use of Message Features. The
Stunners and its vendors have the
right, but not the obligation, to
review, edit or delete any Message
or Screen Name transmitted by you
that they believe may create a
liability for them, and also to deny
access to any Message Feature.
Display of any Message or Screen
Name in any Message Feature does not
constitute its approval or
endorsement by the Stunners or its
vendors.
- You acknowledge that Messages
and Screen Names are not
confidential and they may be read,
intercepted by others and widely
accessible on the World Wide Web.
You acknowledge that by submitting
Messages to this Website, no
confidential, fiduciary,
contractually implied or other
relationship is created between you
and the Stunners and its vendors
other than as expressly set forth in
this Agreement.
3.The Stunners may change, suspend
or discontinue any aspect of the Website
at any time, including the availability
of any Website feature, database, or
content. The Stunners may also impose
limits on certain features and services
or restrict your access to parts or the
entire Website without notice or
liability.
4.Terms of Sale
Sales from the Official Store
("Store"), Auction Feature ("Auctions"),
and Online Ticketing Feature ("Ticketing
Feature"), and sales of Subscription
Content Services (the "Services") are
subject to the following terms and
conditions:
- The Store in the Website allows
you to order products supplied by
independent merchandise vendors (the
"Vendors"). Auctions allow you to
purchase merchandise through an
auction process (products purchased
via the Store and Auctions
collectively referred to as the
"Merchandise"). The Ticketing
Feature allows you to order tickets
for American Basketball Association
and/or Saint Louis Stunners games
supplied by the appropriate American
Basketball Association Teams.
- ALL ORDERS ARE SUBJECT TO
PRODUCT AVAILABILITY. THE
STUNNERS EXPRESSLY DISCLAIMS ANY
RESPONSIBILITY OR LIABILITY FOR
ANY DAMAGE, LOSS OR INJURY
ARISING OUT OF: THE ACTIVITIES
OF ANY VENDOR, THE MERCHANDISE
OFFERED BY THE VENDORS, ANY LOSS
OR INJURY RESULTING FROM YOUR
ACCESS OR INABILITY TO ACCESS
THE STORE, AUCTIONS, THE
TICKETING FEATURE OR THE
SERVICES, OR ANY LOSS OR INJURY
ARISING OUT OF YOUR PURCHASE OR
USE OF THE SERVICES, MERCHANDISE
OR TICKETS. The Stunners
reserves the right to modify the
price of any Merchandise or
Services. The Stunners is not
responsible for any error in
copy or images relating to
Merchandise, Services or
tickets. Any auction may be
discontinued at any time in the
Stunners' sole discretion.
- With respect to Merchandise
offered and/or sold via the
Store, we cannot confirm the
price of an item until you
order; however, we do NOT charge
your credit card until after
your order has entered the
shipping process. Despite our
best efforts, a small number of
the items in our Store or in our
printed catalogs may be
mispriced. If we discover a
mispricing, we will do one of
the following:
- If an item's correct
price is lower than our
stated price, we will charge
the lower amount and ship
you the item.
- If an item's correct
price is higher than our
stated price, we will, at
our discretion, either
contact you for instructions
before shipping or cancel
your order and notify you of
such cancellation.
- Gift Certificates. Within
the Store, there may be an
opportunity for you to purchase
and/or redeem gift certificates
(each, a "Gift Certificate).
Gift Certificates are redeemable
solely for purchases in the
Store. All Gift Certificates are
denominated in U.S. Dollars.
Gift Certificates are valid
until redeemed or abandoned.
MLBAM is not responsible for
lost or stolen Gift
Certificates. The value of a
Gift Certificate that is lost,
stolen, destroyed, altered or
used without your permission
will not be replaced or
refunded. The Stunners will not
honor Gift Certificates obtained
by fraud or theft. Gift
Certificates are not redeemable
for cash. If the value of your
Gift Certificate is greater than
the amount of your total
purchase, you will be able to
use the remaining Gift
Certificate balance for future
purchases, subject to these
terms of use. If the value of
your Gift Certificate is less
than the amount of your total
Store purchase, you must use a
credit card in order to complete
your purchase.
- With respect to the sale of
certain Merchandise through
Auctions to residents of the
State of California, the
following notice is provided
pursuant to California Civil
Code, Title 1.1A, Autographed
Sports Memorabilia, Cal Civil
Code § 1739.7 (2001):
- SALE OF AUTOGRAPHED SPORTS
MEMORABILIA: AS REQUIRED BY LAW,
A DEALER WHO SELLS TO A CONSUMER
ANY SPORTS MEMORABILIA DESCRIBED
AS BEING AUTOGRAPHED MUST
PROVIDE A WRITTEN CERTIFICATE OF
AUTHENTICITY AT THE TIME OF
SALE. THIS DEALER MAY BE SURETY
BONDED OR OTHERWISE INSURED TO
ENSURE THE AUTHENTICITY OF ANY
COLLECTIBLE SOLD BY THIS DEALER.
- Purchasing; Price; Payment. In
order to purchase Merchandise, the
Services or tickets on the Website,
you must provide complete and
accurate personal information
consisting of your name, address,
telephone number, e-mail address,
credit card information and shipping
address. (The Website's Privacy
Policy explains how such information
may be collected and used.) Your
ability to purchase Merchandise and
Services is subject to limits
established by your credit card
issuer. You must notify us
immediately of any change in your
credit card information, including
any change to your home address.
MLBAM may bill your credit card at
the time the Services, Merchandise
or tickets is ordered or shipped,
and the appropriate American
Basketball Association Team or our
ticketing vendor may bill your
credit card at the time your tickets
are ordered or shipped. Any special
order or customized/personalized
products will be billed immediately
after the order is received. You
must pay all amounts accrued in your
account, including sales tax and
shipping and handling charges, when
due. The Stunners may in its sole
discretion decline service to or
terminate any account. Neither the
Stunners, its Vendor nor any ABA
Entity is responsible for and must
not be held liable for any breaches
in transaction security by any third
party.
- The Services, depending on which
you subscribe to, may allow you to,
among other things: watch certain
live and/or historic American
Basketball Association game
telecasts and/or post-game video
clips and/or video clip
compilations; listen to certain live
and/or historic American Basketball
Association game radio broadcasts;
and/or receive American Basketball
Association-related textual content.
The Services are provided for your
private, non-commercial use, and you
may not distribute, modify,
translate, rebroadcast, transmit,
perform or create derivative works
of them.
- The Services are subject to
transmission limitations of the
Internet, including, but not
limited to, video and/or audio
dropouts, rebuffering or loss of
connection.
- Except as otherwise provided
in these terms or in the
Stunners' offers for Services,
your subscription to Services is
provided on a monthly basis and
will continue until you cancel
it. You may cancel it by sending
an email to
contact@stlstunner.com.
By accepting these terms, you
agree that the Stunners may
notify you about changes to
prices or services by sending an
e-mail message to your e-mail
address on file with the
Stunners, and by publishing such
notices from time to time on the
informational page(s) of the
website applicable to the
services. It is your
responsibility to notify the
Stunners of any change in your
e-mail address by logging into
stlStunners.com and using the
online account management tool.
- Programming, pricing, terms
and conditions of Services are
subject to availability and
change.
- Subscription activation for
Services, and subsequent ability
to access Services, may be
subject to approval of your
valid major credit card and
verification of other
information that you submit or
is otherwise obtained by the
Stunners (e.g., your IP
address). Scheduled games may be
cancelled or substituted when
necessary. Applicable taxes are
not included and are the
responsibility of the
subscriber. Blackout
restrictions apply to Services
which allow you to watch video
of live games, including for
Stunners.TV, (A) during the
regular ABA season, (i) if you
are located within the
applicable American Basketball
Association team's home
television territory (except for
certain home television
territories for which the
Stunners may offer in-market
subscription services) or in
Japan, and (ii) at present, due
to the national exclusivity of
ESPN and FOX, each Saturday
until 7:00 PM EST (beginning May
21, 2005 and continuing for
remaining Saturdays during the
regular season) and each Sunday
night (for games that begin
after 5:00 PM EST), the
scheduled webcast of that team's
game will be blacked out; and
(B) during the ABA postseason,
if you live within the following
nations or territories, webcasts
of the games will be blacked
out: United States, Guam, US
Virgin Islands and Japan. For
these Services, you must submit
your email address provided by
either your Internet Service
Provider or place of work. Email
addresses provided by email
services (e.g., Yahoo.com) will
not be permitted. For example,
clicking on a live Stunners.TV
link will perform and trigger a
number of checks to make sure
that you are located outside of
the applicable blackout
territory. Due to the foregoing
blackout restrictions, you may
be required to log in to each
webcast (both for free and
subscription fee webcasts) with
a valid major credit card for
address verification. In such a
case, a temporary $1.00
authorization hold will be
placed on your credit card,
which will subsequently expire.
You will not incur a charge for
this authorization hold. IF YOU
ATTEMPT TO CIRCUMVENT OR
CIRCUMVENT ANY BLACKOUT
RESTRICTION OR OTHER USE
RESTRICTION: YOUR SUBSCRIPTION
WILL BE SUBJECT TO IMMEDIATE
TERMINATION AND A CHARGE OF ONE
HUNDRED DOLLARS ($100.00) FOR
EARLY TERMINATION; YOU MAY BE
SUBJECT TO LEGAL ACTION; AND THE
STUNNERS RESERVES THE RIGHT TO
REPORT SUCH MISCONDUCT TO
APPROPRIATE LAW ENFORCEMENT
AUTHORITIES.
5.Votes; Contests; Sweepstakes
The Website may offer you
opportunities to vote in connection with
certain events including the All-Star
Game and also to enter contests and
sweepstakes. By participating in any
such event, you signify your agreement
to all special terms set forth on the
Website applicable to the event as well
as the terms of this Agreement.
6. Linking
The Website may contain links and
pointers to other World Wide Web sites
and resources. Links to and from the
Website to other Web sites maintained by
third parties, do not constitute an
endorsement by the Stunners or any of
its affiliates of any third party Web
site or content. The Stunners is not
responsible for the availability of
these third party resources or their
contents. You should direct any concerns
regarding any external link to its Web
site administrator or Webmaster.
7. Disclaimer of Warranties
- A. USE OF THE WEBSITE, THE
SERVICES, TICKETS, AND MERCHANDISE
ARE AT YOUR EXCLUSIVE RISK, AND THE
RISK OF INJURY FROM THE FOREGOING
RESTS EXCLUSIVELY WITH YOU.
- B. EXCEPT FOR ANY WARRANTIES
THAT MAY BE EXPRESSLY PROVIDED BY
THE APPLICABLE VENDOR, THE WEBSITE,
INCLUDING, BUT NOT LIMITED TO ALL
MERCHANDISE, TICKETS AND SERVICES
ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO ANY WARRANTIES OF
TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
- THE STUNNERS DOES NOT WARRANT
THAT: (1) THE WEBSITE OR THE
SERVICES WILL BE UNINTERRUPTED OR
ERROR FREE; (2) DEFECTS OR ERRORS IN
THE WEBSITE, MERCHANDISE OR SERVICES
WILL BE CORRECTED; (3) THE WEBSITE,
THE MERCHANDISE OR THE SERVICES WILL
BE FREE FROM VIRUSES OR OTHER
HARMFUL COMPONENTS; OR (4) ANY
INFORMATION CONTAINED IN THE
WEBSITE, THE MERCHANDISE, OR THE
SERVICES WILL BE ACCURATE OR
RELIABLE.
8. Limitations on Liability
- A. NOTWITHSTANDING ANY TERM IN
THIS AGREEMENT, OTHER OPERATING TERM
SET FORTH BY MLBAM OR ANY ACT OR
FAILURE TO ACT BY THE STUNNERS OR
ITS VENDORS, YOU ARE EXCLUSIVELY
LIABLE FOR THE CONTENT OF EVERY
MESSAGE AND SCREEN NAME YOU TRANSMIT
VIA THE WEBSITE.
- B. IN NO EVENT SHALL THE
STUNNERS BE LIABLE FOR ANY BREACH IN
TRANSACTION SECURITY CAUSED BY A
THIRD PARTY ARISING OUT OF OR
RELATING TO ANY ATTEMPT TO PURCHASE
SERVICES, TICKETS OR MERCHANDISE.
- C. IN NO EVENT SHALL THE
STUNNERS, ITS VENDORS OR ANY OTHER
MLB ENTITY BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF
OR RELATING TO USE OF OR INABILITY
TO USE THE WEBSITE, MERCHANDISE,
TICKETS OR SERVICES. THIS LIMITATION
APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF THE
STUNNERS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THE LIABILITY OF MLBAM IN SUCH
JURISDICTIONS SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW. THE
MAXIMUM LIABILITY OF THE STUNNERS,
ITS VENDORS AND ANY ABA ENTITY FOR
ANY CLAIM ARISING OUT OF OR IN
CONNECTION WITH THIS WEBSITE, THE
MERCHANDISE OR THE SERVICES IS $50.
- D. IN NO EVENT SHALL THE
STUNNERS OR ANY OTHER ABA ENTITY BE
LIABLE FOR ANY FAILURE, INTERRUPTION
OR ERROR WITH RESPECT TO ANY ASPECT
OF THE WEBSITE, INCLUDING THE
AVAILABILITY OF ANY SITE FEATURE.
9. Indemnification
You hereby agree to indemnify and
hold the Stunners, ABA, the Chairman
and/or Chief Executive Officer of the
Saint Louis Stunners, and their
respective general and limited partners,
members, shareholders, directors,
officers, employees, agents and
representatives (collectively, the "ABA
Entities") harmless from all claims,
liabilities, damages and expenses
(including attorneys' fees and expenses)
arising out of or relating to:
(A) your use of the Website, the
Services, Merchandise and/or tickets
purchased via the Website; or
(B) any alleged breach of this Agreement
by you.
10. Termination
The Stunners may change, suspend or
discontinue any aspect of the Website at
any time, including the availability of
any Website feature, database, or
content. The Stunners may also impose
limits on certain features and services
or restrict your access to parts or the
entire Website without notice or
liability at any time in the Stunners'
exclusive discretion, without prejudice
to any legal or equitable remedies
available to the Stunners, for any
reason or purpose, including, but not
limited to, conduct that the Stunners
believes violates these Terms of Use or
other policies or guidelines posted on
the Website or conduct which the
Stunners believes is harmful to other
customers, to the the Stunners'
business, or to other information
providers. In addition, this Agreement
may be immediately terminated at any
time by the Stunners in its sole
discretion. In addition and without
prejudice to any other remedy available
to the Stunners, the Stunners may
immediately terminate this Agreement if
you breach any term of this Agreement or
other operating term set forth by the
Stunners.
11. Choice of Law; Jurisdiction;
Attorneys' Fees
This Agreement will be governed by
the laws of the State of Missouri
applicable to contracts entered into and
performed exclusively in that State. Any
court of competent jurisdiction sitting
within Saint Louis, County Missouri will
be the exclusive jurisdiction and venue
for any dispute arising out of or
relating to this Agreement. You hereby
waive any argument that any such court
does not have jurisdiction over you or
such dispute or that venue in any such
court is not appropriate or convenient.
The Stunners will be entitled to recover
its court costs and reasonable
attorneys' fees and expenses incurred in
successfully proving any breach of any
term of this Agreement.
12. Miscellaneous
This Agreement constitutes the entire
agreement between the parties, and
supersedes all prior written or oral
agreements or communications with
respect to the subject matter herein.
The Stunners in its sole discretion may
amend this Agreement, and your use of
the Website after such amendment is
posted on the Website will constitute
acceptance of it by you. Sections 7, 8,
9, 11, 12 and 13 of this Agreement will
survive any termination or cancellation
of this Agreement. If any term in this
Agreement is declared unlawful, void or
for any reason unenforceable by any
court, then such term will be deemed
severable from the remaining terms and
will not affect the validity and
enforceability of such remaining terms.
The section headings in this Agreement
are for convenience only and must not be
given any legal import.
13. Acceptance of Terms of Use
By using the Website, you signify
your agreement to the terms of this
Agreement. If you do not agree to the
terms in this Agreement, you must not
use the Website. The Stunners may change
the terms of this Agreement at any time,
and your use of the Website after such
changes are posted will mean that you
accept them.
LAST UPDATED: May 27, 2008
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