Terms of Use
Date: August 15th, 2008

Welcome to gymnasticssuperstars.com, an education, entertainment and information site for the Tour of Gymnastics Superstars™ . gymnasticssuperstars.com is operated by Edge Entertainment, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www. gymnasticssuperstars.com (the "Site") or by posting a widget on your site you (the "User") signify that you (and your parent/legal guardian if you are a minor in the jurisdiction in which you reside) have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are registered to participate in activities (should registration be necessary) offered on the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these Terms of Use were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. When using particular Site Services you shall be subject to any posted guidelines applicable to such Services, including but not limited to Sweepstakes Rules, and any other terms or conditions applicable to Site Services provided by or in conjunction with any of the Site's Content, advertisers or partners.

The Privacy Policy, Sweepstakes Rules, and any other participation Guidelines and all other posted rules and guidelines are hereby incorporated by reference into these Terms of Use. If you do not agree to these Terms of Use please do not use or visit the Tour of Gymnastics Superstars Site or any Tour of Gymnastics Superstars Services, and do not register on gymnasticssuperstars.com for any activities, Services or promotions offered. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Site Participation

Access to, registration, and/or use of this Site is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by anyone under the age of 13 for any activities, Services or promotions offered or for any other reason is unauthorized, unlicensed and in violation of these Terms of Use. By registering for, or by using, the Service or the Site, you represent and warrant that you are 13 or older, and, by using, visiting or accessing the Site for any reason and no matter what your age you warrant and represent that you agree to, and to abide by, all of the terms and conditions of this Agreement.

Registration Data

In consideration of your use of the Site, you agree, if and as requested, to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (including but not limited to registration for sweepstakes and other promotional activity) ("Registration Data"), and (b) to maintain and promptly update the Registration Data to keep it accurate at all times. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we have the right to suspend or terminate your Site use and access and refuse any and all current or future use of the Site and/or any Services (or any portion thereof) to you.

Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Service, including, but not limited to, designs, text, graphics, pictures, video, animation, information, applications, software, music, sound and other files, and their selection and arrangement and presentation (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved; and you agree that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or format or by any means whether now known or hereafter discovered or devised, in whole or in part, without the Company's prior written permission which can be withheld or denied for any reason whatsoever. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print only one copy of Site Content on any single computer for your personal, non-commercial home use only on any single computer, provided that you keep and maintain all copyright, trademark, patent, or other proprietary notices intact as they appeared on the Content on the Site. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the Site Content in any database or compilation, or print or publish or cause to be printed or published Site Content in any print, electronic or digital media now known or hereafter discovered or devised, in whole or in part; and any such or similar use of the Site Content, or any part thereof, is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company (which can be withheld or denied for any reason whatsoever), is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including but not limited to copyright, trademark and other intellectual property, or rights of privacy or publicity laws, and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, or rights of privacy or publicity, whether by law, equity or estoppel, or by implication or otherwise. This license is revocable at will at any time without notice and with or without cause.

Trademarks

Tour of Gymnastics Superstars , gymnasticssuperstars and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered servicemarks, trademarks, or trade dress of Company in the U.S. Company's servicemarks, trademarks and trade dress may not be used, including but not limited, to as part of service marks, trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, as solely determined by Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company which can be withheld or denied for any reason whatsoever.

User Conduct

You agree not to use the Service or the Site to:

  • harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • use automated scripts to collect information from or otherwise interact with the Service or the Site;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

User Submissions

All comments, suggestions, graphics, ideas (including but not limited to product, promotion and advertising ideas), and other information or materials you submit to us through this Site, or otherwise, will become and remain our exclusive property, including any future rights associated with such submissions, even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, including but not limited to, any intellectual property contained in such submissions, and you acknowledge our unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation, your review or approval or other obligation to you or any other person. It also means that we have no obligation to keep your submissions confidential.

External Third Party Websites and Content

This Site and Services may contain, and other users or third parties may provide, links to other World Wide Web sites or resources. These sites and resources are not controlled by, and the existence of the link on our Site does not imply an endorsement by, us. External Web sites and resources are not subject to these Terms of Use, or our Privacy Policy, and may be subject to other terms and conditions or policies posted therein. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, in whole or in part for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any external site or resource. Your use of external sites or resources is at your own risk.

Privacy

We care about the privacy of our users. Click here to view the gymnasticssuperstars.com's Privacy Policy.

Access Interruption

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, the Site and Site Services. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure of email or traffic congestion on the Internet or at any Site or combination thereof, or for any incorrect or inaccurate information, whether caused by Site users, tampering, hacking, or by any of the equipment or programming associated with or utilized on the Site or Services, or theft or destruction or unauthorized access to, or use of, the Site. The Company is not responsible for injury or damage to your, or to any other person's, computer related to or resulting from participating on the Site or in Site Service, or downloading materials from the Site or use of the Site.

The Company from time to time and at any time may change, alter, modify, terminate, or suspend the Site or Site Services in whole or in part as solely determined by Company without notice. THE SITE, AND THE SERVICE, AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. The Company reserves the right to change any and all Content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S 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 COMPANY FOR THE SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

Termination

The Company may terminate your use, or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13 years old.

Arbitration; Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, except where prohibited, you (and your parent/legal guardian if you are a minor) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected to your access to the Site and Services, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your access to the Site and Services but in no event attorneys' fees; and (3) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of you and/or the Company in connection with your access to the Site and Services, shall be governed by, and construed in accordance with, the laws of the State of North Carolina without regard for conflicts of law doctrine, and all proceedings shall take place in the City of Charlotte, County of Mecklenberg.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with , your access to or use of the Service or the Site, your conduct in connection with the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Other

These Terms of Use constitute the entire agreement between you and Company regarding the use of and access to the Site and/or the Service, superseding any prior agreements between you and Company relating to your use and access of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect


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