IamATrailBlazersFan.com Terms of Service Agreement
Welcome to IamATrailBlazersFan.com, an online personal network service where fans have the ability to communicate and interact with other fans as well as the Trail Blazers organization. Trail Blazers Inc. (“we”, “us”, “our” or “Trail Blazers”) operates IamATrailBlazersFan.com. By using the IamATrailBlazersFan.com website (the "Website") you agree to be bound by these Terms of Service (this "Agreement"). In addition, if you wish to become a IamATrailBlazersFan.com Teammate (a "Teammate") and communicate with other Teammates and make use of the IamATrailBlazersFan.com service (the "Service"), you must read this agreement and indicate your acceptance of its terms by following the instructions in the sign up page, and checking the box labeled "I agree to IamATrailBlazersFan.com's Terms of Service."
1. Eligibility and Registration.
a. Eligibility. To comply with the Children’s Online Privacy Protection Act, IamATrailBlazersFan.com is only available to users who are at least 13 years old. If you are under 13, you may not register to use the Service. Furthermore, if you are between the ages of 13 and 17, we strongly suggest you seek parental consent to register and use the Service. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
b. Registration. To register, you will need to provide the following information: E-mail address, first and last name, date of birth, gender, address and password. You may also provide additional optional information, such as Favorite Player, Favorite Rivalry and Favorite Other Sports. We may refuse to grant you an account that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You may not have more than one active account per e-mail address. You will be responsible for all activities occurring under your account and for keeping your password secure. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.
2. Term. This Agreement, as it presently exists and may, from time to time, be modified, will remain in full force and effect while you use the Website and/or are a Teammate. You may terminate your membership at any time, for any reason by “unsubscribing” in your profile. We may terminate your membership for any reason, at any time without prior notice and without any liability to you, any Teammate or any third party. Even after membership is terminated, certain sections of this Agreement will remain in effect. See Section 15 below for a list of the provisions of this Agreement that will survive the termination of your membership.
3. Other Agreements. Please note that, if you sign up for one or more features of the Service that are provided by third parties then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement. You should be aware that we do not have any control or responsibility over the practices and terms of service of third party sites.
4. Non-Commercial Use of IamATrailBlazersFan.com. The Service and the Website are for the personal use of individual Teammates only and may not be used in connection with any commercial endeavors without our express written consent in each case, which may be given in our sole discretion. Organizations, companies, and/or businesses may not become Teammates and should not use the Service or the Website for any purpose. You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by IamATrailBlazersFan.com or other Teammates for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, e-mail addresses, or other personally identifiable information of Teammates by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement may be investigated (although we are not obligated to do so), and appropriate legal action may be taken (as determined in our sole discretion), including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your IamATrailBlazersFan.com profile or other content uploaded on the Website for the purpose of extracting such information or other content.
5. Proprietary Rights in Content.
a. Rights in Content Posted by IamATrailBlazersFan.com or Other Teammates. We own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of IamATrailBlazersFan.com, our Teammates, and our licensors. Except for any information which is in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent in each case.
b. Rights in Content Posted by You. By publishing, displaying, or uploading any text, links, photos, video, messages, or other data or information (collectively, "Content") on or to the Website (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to IamATrailBlazersFan.com an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
6. Content Posted by You to the Service and the Website.
a. Profile Information. PLEASE NOTE: The Service includes an option that allows Teammates to determine who may view their profile and to what extent. These levels are:
• “Nobody”, which is no other Teammate,
• “Friends”, which consists only of that Teammate’s friends; and
• “Community”, which is all visitors to the IamATrailBlazersFan.com website, whether or not they are IamATrailBlazersFan.com Teammates.
Your public profile (described below) will be available to anyone, regardless of the level of access you've chosen for your IamATrailBlazersFan.com profile. WHEN CHOOSING THESE OPTIONS, PLEASE CONSIDER CAREFULLY THE LEVEL OF ACCESS YOU WISH TO ALLOW TO YOUR IAMATRAILBLAZERSFAN.COM PROFILE. For more information about the various levels of sharing of your IamATrailBlazersFan.com profile, please visit the privacy tab on the profile page.
b. Public Profile Information. Regardless of what personal information you choose to include in your IamATrailBlazersFan.com profile, or what level of sharing of your profile you choose, certain information about every IamATrailBlazersFan.com Teammate will be included in that Teammate's "public profile." A Teammate's public profile is an abbreviated version of the Teammate's regular IamATrailBlazersFan.com profile and will include your first and last name and will be available to any user of the Website, as well as to the general public through, for instance, search engines like Yahoo! or Google. You understand and agree we may use information included in your Public Profile for promotional purposes, including, without limitation, in Trail Blazers’ print advertisements or in the Rose Garden Arena on the big screen. By participating in the Website, you agree that we may use such information without any inspection by, compensation to or further authorization from you.
c. Removal of Content. You understand and agree that we may, but have no obligation to, review and delete any Content that you include in your profile, or otherwise post on any area of the Website (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other Teammate.
d. Teammate Identity. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
e. Teammate Responsibility for Content. You are solely responsible for the Content that you post on the Website or the Service, or transmit to other Teammates and agree to indemnify us and hold us harmless from any liability that may arise from Content posted by you.
f. Prohibited Content. Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Posting of any of this Content by you may, in our sole discretion, result in termination of your membership. Even if not listed below, we have the right to determine in our sole discretion Content that is prohibited on the Website. We reserve the right, but we do not have the obligation, to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending Content from the Website, terminating your account, and reporting such violators to the appropriate legal authorities. Prohibited Content includes, but is not limited to, Content which, in our sole judgment:
• Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Harasses or advocates harassment of another person; involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
• Includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
• Constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music or links to pirated music files, or (4) Content which otherwise violates the terms of Section 8 below;
• Displays pornographic or sexually explicit material of any kind;
• Includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• Solicits passwords or personally identifying information for commercial or unlawful purposes from other Teammates;
• Constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
• Solicits people you don't know to add you or accept you as a Teammate on the Service.
Even though all of the above Content is strictly prohibited, you understand and agree that you nonetheless may be exposed to such items while using the Website or the Service. If so, neither we, nor the National Basketball Association or its Member Teams or any of our affiliates, officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. You understand and agree that you use the Service and Website at your own risk. Please see Sections 10 and 11 below for further limitations on our liability.
7. Further Restrictions on Your Use of the Website and the Service. You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
Although IamATrailBlazersFan.com cannot monitor the conduct of its Teammates off the Website, it is a violation of this Agreement to use any information obtained from the Service or the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Teammate without the prior explicit consent of such Teammate and IamATrailBlazersFan.com. In order to protect our Teammates from such conduct, we reserve the right, but do not have the obligation, to restrict the number of e-mails or other communications that a Teammate may send to other Teammates at any time and in our sole discretion.
8. Copyright Protection Policy. If you believe in good faith that your copyrighted work has been reproduced on or linked from the Website without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Website that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
The copyright agent for notice of claims of infringement on the Website is:
Trail Blazers Inc.
One Center Court, Suite 200
Portland, OR 97227
9. Teammate Disputes. You are solely responsible for your interactions with other Teammates. On each page you will see a “foul play” button to report any alleged abuses of the Service or disputes between Teammates. We reserve the right, although we have no obligation, to monitor disputes between you and other Teammates, and to take any action that we feel may be appropriate in our sole discretion, including the termination of the membership of one or more Teammates.
10. Disclaimers. We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Teammates, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Website or the Service.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY TEAMMATE OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO TEAMMATES OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG TEAMMATES OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Teammate communications, regardless of the reason. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Teammate, or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website, or otherwise in any way in connection with the Service. The Website and the Service are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or the Service. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or the Service shall create any warranty not expressly stated herein. You agree that your use of the Service and Website is entirely at your own risk.
11. Limitations on Liability. Notwithstanding any other provision of this Agreement, our, which, includes, without limitation, our employees, agents and representatives and the National Basketball Association and its Member Teams and NBA Properties, Inc., entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website or the Service, even if we have been advised of the possibility of such damages. This limitation will apply whether the damages arise from use or misuse of and reliance on the Service, from inability to use the Service or from the interruption, suspension, or termination of the Service (including, without limitation, such damages incurred by third parties), and notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
12. Disputes. If there is any dispute between you and us about or involving the Website or the Service, by using the Website or the Service, you agree that the dispute will be governed by the laws of the State of Oregon without regard to its conflict of law provisions. All disputes, controversies, or claims arising out of or relating to this Agreement shall be settled by expedited mandatory arbitration under the auspices of the Arbitration Service of Portland, Inc. The arbitration shall be conducted as described below; however, to the extent ORS 36.600 to 36.740 (“Oregon Arbitration Act”) requires otherwise, the arbitration will be conducted as required by the Oregon Arbitration Act. The arbitration shall be conducted in accordance with the rules of the Arbitration Service of Portland, Inc. as are in effect at the time of the date of this Agreement. Any judgment against either party may be entered upon it in any court having jurisdiction. Notice of the demand for arbitration shall be filed in writing with the other party and with the Arbitration Service of Portland, Inc. Each party shall be entitled to discovery, as provided for in the Oregon Arbitration Act. The arbitration shall take place in Portland, Oregon. The prevailing party, as determined by the arbitrator, shall be entitled to an award of reasonable attorney fees. The arbitration proceedings shall be conducted by a single arbitrator, in privacy, and except to the extent necessary to enforce any award, the proceedings and their results shall be confidential. If a court of competent jurisdiction determines that the matter may not be resolved by arbitration (for jurisdictional reasons or otherwise), the arbitrator with the Arbitration Service of Portland determines that he or she does not have authority or jurisdiction to resolve the dispute, or you and we mutually agree to institute or pursue a court action instead of an arbitration action, you agree to personal jurisdiction under and venue in the state and federal courts located in Portland, Oregon for the resolution of any such dispute. In such event, the prevailing party, as determined by the court, shall be entitled to an award of reasonable attorney fees.
13. Indemnity. You agree to indemnify and hold IamATrailBlazersFan.com, Trail Blazers Inc., the National Basketball Association and its Member Teams, NBA Properties Inc., and each of their subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, arising out of or relating to: (a) your use of the Website or the Service (including the posting by you of any Content on the Website) in violation of this Agreement; (b) any other breach of this Agreement by you; or (c) any breach of your representations and warranties set forth above.
14. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Teammate or user of the Website.
15. Survival Although this Agreement may be terminated by you or us at any time and for any reason without notice and without any liability to you, any Teammate or any third party, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Content), Section 9 (Teammate Disputes), Section 10 (Disclaimers), Section 11 (Limitation on Liability), Section 12 (Disputes), Section 13 (Indemnity), Section 15 (Survival), and Section 16 (Other).
Please contact us at email@example.com with any questions regarding this Agreement.
Last updated on April 2, 2009.
IamATrailBlazersFan.com is a trademark of the National Basketball Association.