Last Updated: February 24, 2018
Table of Contents:
1. Ownership and user restrictions 2. Registration 3. Message Features 4. Submissions 5. Votes, contests and sweepstakes 6. Links 7. Modular Content 8. Mobile Content & Text Message Campaigns 9. NVA Statistics 10. NVA Store on Nvausa.com 11. Disclaimer of warranties and damages; limitation of liability 12. Notice 13. Indemnification 14. Termination of service 15. Software 16. Notice of Copyright Infringement 17. Agreement to Arbitrate 18. Class Action Waiver 19. Choice of Law 20. Injunctive Relief 21. Miscellaneous
1. Ownership and Use Restrictions
NVAUSA.com is operated by National Volleyball Association, Inc. ("NVA") be referred to herein as the "Operator."
The Operator maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site to any single computer only for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, link to, or use any materials of the Site for public or commercial purposes on any other Web site or otherwise without the written permission of the Operator. Modification of any materials displayed on the Site is a violation of the Operator's copyright and other proprietary rights.
A. Registration Data: If you opt to register for any portion of this Site (including the Mobile Service, as defined below), you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the Operator has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, the Operator shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Mobile Service (or any portion thereof). You acknowledge and agree that the Operator shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Site or the Mobile Service or your account. You further agree that the Operator is authorized to verify such Registration Data.
You acknowledge and agree that the Operator may rely on the Registration Data to send you important information and notices regarding your account and the Site. From time to time, we may send you newsletters and other promotions by email or SMS. You can unsubscribe from our newsletters and other promotions through the unsubscribe mechanism contained in the applicable message. For more information about our text message campaigns, please see Section 8 below (titled "Mobile Content & Text Message Campaigns").
C. Access Without Registration: This Site may provide you with access to some products and services without you having to register as a user, such as signing up for Mobile Alerts via SMS. In each such case your identification is based on means of identification that the Operator deems appropriate, such as your mobile telephone number.
3. Message Features
You must use Message Features in a responsible manner. You must not transmit any message ("Message") in connection with any Message Feature that: (i) restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of 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; or (ix) contains material irrelevant to the subject matter of the Message Feature.
Although the Operator may from time to time monitor or review Messages submitted in discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, the Operator is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by the Operator.
By transmitting any Message (see Section 3 above regarding "Messages") or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes 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 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 Nvausa.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 Nvausa.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 NVA fans and welcome your comments regarding the Site and the NVA, 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 NVA 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 NVA 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. Votes, Contests and Sweepstakes
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 (e.g., apparel or computers), brand (e.g., Nike or Mikasa) or service (e.g., Internet service providers or ticket sellers) (a "Commercial Site") may not link to Nvausa.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 Nvausa.com without the express written permission of the Operator if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "Nvausa.com," "The Official Site of the National Volleyball Association," or "The Official Site of the Stunners"); 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 Nvausa.com logo or any other logo of the NVA or its teams (a "logo" link) may not be used to link to Nvausa.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 or to the homepage of a particular team -- links to internal pages within the Site (e.g., a player page, a photo gallery or a feature article) other than to the home page of a team 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.
7. Modular Content
By using Modular Content or incorporating it within or associating it with a web site or other online, cable, wireless, or other service other than the Site, you agree not to: (1) obscure the Operator's branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party's assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by the Operator; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) 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; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.
Although the Operator is under no obligation to do so and assumes no responsibility or liability arising from any use of Modular Content, the Operator may monitor the web sites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any web site or other online, cable, wireless, or other service if the Operator or its agent requests that you do so, and that you will maintain the ability to remove Modular Content from any web site or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that the Operator has exclusive discretion to direct that the Modular Content be removed from web sites or other online, cable, wireless, or other services at any time and for any reason, including but not limited to the prohibited uses of Modular Content described above; that the Operator may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that the Operator may not specifically advise you of the existence or nature of these protections.
The Operator provides Modular Content, if at all, on a voluntary basis. The Operator expressly disclaims any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
Notwithstanding any statement to the contrary by the Operator or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between you and the Operator, or between the Operator and any third party, other than pursuant to these Terms.
8. Mobile Content & Text Message Campaigns
B. Access to the Mobile Service. In order to use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a "Carrier"), or otherwise have access to a mobile communications network for which we make the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device. There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. In addition, you are responsible for ensuring that your equipment and/or software do not disturb or interfere with the Operator's operations. Any equipment or software causing interference with the Operator's operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by the Operator. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense.
C. Your Electronic Agreement to Receive Text Messages; E-Sign Disclosure. When you agree to receive text messages, you also consent to the use of an electronic record to document your agreement. To stop receiving text messages from an Operator text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device.
E. Cancellation of Text Messages. To stop receiving text messages from a specific Operator text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. After doing so, you will receive confirmation of your opt-out via text message. If you have signed up for more than one Operator text message program, you will need to text STOP to the short code provided for each program from which you no longer wish to receive text messages.
F. What If I Want More Information? To request more information, simply text HELP to the short code provided in the Operator text message program about which you have questions.
G. How Many Text Messages Will I Receive? The number of text messages you receive from an Operator text message program may vary significantly, depending in part on the specific text message program for which you sign up. Details regarding the type and frequency of text messages are included in the description of each Operator text message program.
H. Who Are the Participating Carriers? Content is not available on all carriers and carrier participation could change. Consult with your carrier to see if it participates in a particular text message program. The content is not compatible with all mobile phone models. Operator will not be liable for any delays in the receipt of any text messages or changes to participating carriers, as delivery is subject to effective transmission from your carrier with active participation at that time.
I. How Are the Text Messages Sent? Operator or its vendor may use autodialer or non-autodialer technology to send the text messages described above to the mobile phone number you supply when you request to receive the text messages.
9. NVA Statistics
The Operator of this Site may make available on this Site statistics, including statistics generated and/or calculated by the Operator using proprietary calculations and analyses, relating to or arising out of the performance of players during or in connection with NVA, Junior’s National Volleyball Association ("JNVA") games, competitions or events (collectively, "NVA Statistics"). By using such NVA Statistics, you agree that: (1) any use, display or publication of the NVA Statistics shall include a prominent attribution to Nvausa.com in connection with such use, display or publication; (2) the NVA Statistics may only be used, displayed or published for legitimate news reporting or private, non-commercial purposes; (3) the NVA Statistics may not be used in connection with any sponsorship or commercial identification; (4) the NVA Statistics may not be used or referred to in connection with any gambling activity (including legal gambling activity); (5) the NVA Statistics may not be used in connection with any fantasy game or other commercial product or service; (6) the NVA Statistics may not be used in connection with any product or service that presents a live, near-live or other real-time or archived play-by-play account or depiction of any NVA game; and (7) the NVA Statistics may not be used in connection with any web site, product or service that features a database (in any medium or format) of comprehensive, regularly updated statistics from NVA, JNVA, competitions or events without the Operator's express prior consent.
10. NVA Store on nvausa.com
A. The NVA Store on nvausa.com (the "Store") allows you to order products (the "Merchandise") supplied and managed by an National Volleyball Association, Inc. ("NVA"). By placing an order in the Store, you acknowledge that NVA is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. NVA can be reached by using the contact information provided below.
B. By placing an order on the Store, you agree to pay NVA 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, NVA or your credit card issuer. NVA may bill your credit card at the time Merchandise is ordered. NVA 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 NVA either by: (i) e-mail to email@example.com or (ii) telephone at 1-833-298-5588. You may also refer to the Contact Us section of the Store for more information.
11. Disclaimer of Warranties and Damages; Limitations 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, the NVA Entities, nor any of their respective parents, subsidiaries, affiliates, owners, employees, directors, officers, directors, licensors, suppliers 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.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO: THE ACTS OF THIRD PARTIES, ERRORS IN THE CONTENT OR SITE, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE AND HARDWARE FAILURES, VIRUSES AND OTHER SYSTEM ATTACKS, LABOR STOPPAGES, RIOTS, ACTS OF GOVERNMENT OR GOD, NATURAL DISASTERS, ACTS OF TERRORISM, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER (I) LIABILITY OR DAMAGE IS ALLEGED FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION, AND/OR (II) THE PARTY AGAINST WHICH LIABILITY OR DAMAGES IS SOUGHT WAS ADVISED OF THE POSSIBILITY THEREOF.
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.
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. You may give notice to the Operator (such notice shall be deemed given when received) at any time by any of the following means:
A. electronic mail to support@Nvausa.com;
B. letter delivered by first class postage prepaid mail or courier to NVA Account Relations, at the following address:
NVA Account Relations
3100 Airway Ave #130
Costa Mesa, CA 92626
Attn: Legal Department
Please Note: Any notice by You related to any dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site must be provided as specified in Section 12.C. above.
14. Termination of Service
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.
16. 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:
Elevate Media and Entertainment
3100 Airway Avenue
Costa Mesa, CA 92626
16. Agreement to Arbitrate
For residents outside the United States, arbitration shall be initiated in California, California, and the Operator and you agree to submit to the personal jurisdiction of any state or federal court in California, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
You may choose to pursue your claim in small claims court where jurisdiction and venue over the Operator and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address:
Legal Department for NVA
3100 Airway Avenue
Costa Mesa, CA 92626
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, the Operator and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of the Operator to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
17. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Costa Mesa, California.
The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of the Operator to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
18. Choice of Law
19. Injunctive Relief
You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the information and/or content on the Site and/or its associated services and/or offerings may result in irreparable injury and damage to the Operator that may not be adequately compensable in money damages, and for which the Operator will have no adequate remedy at law. You, therefore, consent and agree that the Operator may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with this Agreement. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.
Copyright 2017 National Volleyball Association, Inc. All Rights Reserved.