TABLE OF CONTENTS
- Ownership and use restrictions
- Message features
- Votes, contests and sweepstakes
- Modular Content
- NCAA.com Store
- Disclaimer of warranties and damages; limitation of liability
- Notices to users
- Termination of service
- Notice of Copyright Infringement
- Choice of Law
3. SUBMISSIONS By transmitting any Message (see Paragraph 2 above regarding “Messages”) or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes, content or materials (collectively, “Submissions”), you are automatically granting the Operator a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform and/or display such Messages and Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of the Operator. This means that anything submitted by you to NCAA.com may be used by the Operator for any purpose, now or in the future, without any payment to, or further authorization by, you. The Operator also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission. A. Solicited Submissions: At times, the Operator may solicit Submissions from visitors to NCAA.com, including, but not limited to, information, ideas, artwork or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operator of the Rights described above. B. Unsolicited Submissions: Although we are pleased to hear from NCAA fans and welcome your comments regarding the Site and the NCAA, unfortunately, the Site’s policy does not permit it to accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operator or the NCAA which might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions, we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future NCAA products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operator. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operator of the Rights described above.
5. LINKS The following restrictions apply to all links to the Site from any on-line, cable, wireless or other site, service or browser: A. On-line, cable, wireless or other sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product, brand or service (a “Commercial Site”) may not link to NCAA.com without the written permission of the Operator, even if the page/area where the link originates does not promote a product, brand or service. B. Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engines, widely available Internet browsers) (“Permissible Sites”) may link to NCAA.com without the express written permission of the Operator if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “NCAA.com,” or “The Official Site of the National Collegiate Athletic Association”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link. C. The NCAA.com logo or any other logo of the NCAA (a “logo” link) may not be used to link to NCAA.com without the written permission of the Operator. D. No link to the Site may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics. E. All links to Site from a Permissible Site must be to the Site’s home page — links to internal pages within the Site (e.g., a photo gallery or a feature article) are not permitted. F. The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms. G. The NCAA reserves the right at any time to require the removal of any link to the Site, whether from a Permissible Site or otherwise.
7. NCAA.com Store A. The NCAA.com Store (the “Store”) allows you to order products (the “Merchandise”) supplied and managed by an independent merchandise vendor, TeamFanShop Georgia, Inc. (“TFS”). By placing an order in the Store, you acknowledge that TFS is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. TFS can be reached by using the contact information provided below. B. By placing an order on the Store, you agree to pay TFS all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by the Operator, TFS or your credit card issuer. TFS may bill your credit card at the time Merchandise is ordered. TFS may, in its sole discretion, decline service to or terminate your Site account without notice. C. The Operator reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. D. You may have the option to personalize certain Merchandise ordered on the Store (e.g., jerseys). The Operator reserves the right, in its sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which the Operator deems to be illegal, offensive or inappropriate. E. Questions relating to the Store, Merchandise and its fulfillment should be directed to TFS by telephone at 866-730-9743 or by email to email@example.com.
8. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY While the Operator uses reasonable efforts to include accurate and up to date information in the Site, the Operator makes no warranties or representations as to its accuracy. The information contained in or made available through the Site (including, but not limited to information contained on Message Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. The Operator assumes no liability or responsibility for any errors or omissions in the content of the Site. Neither Turner, NCAA, nor any of their respective affiliates, owners, employees, directors, officers, members or shareholders (collectively, the “Operator Parties”) make any representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE OPERATOR PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATOR PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY. The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operator or any affiliate of any third party site or content. The Operator is not responsible for the availability of these third party resources, or their contents. The Operator has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operator with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
9. NOTICES TO USERS The Operator may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user’s e-mail address if on record in the Operator’s account information, or by written communication sent by first class mail to a user’s address if on record in the Operator’s account information.
12. SOFTWARE Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, the Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The Operator does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
13. NOTICE OF COPYRIGHT INFRINGEMENT If you believe in good faith that your copyrighted work has been
reproduced on or linked from the Site 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 Site 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 Site is:
Legal Manager for Turner Sports
1050 Techwood Drive, NW
Atlanta, Georgia 30318
Contact: To contact the Site please visit the Site’s Contact Us page.
LAST UPDATED: 12/20/10