Please read these terms of use carefully as this is a contract between us. By using this Website (as defined below), you ACCEPT ALL TERMS, conditions and responsibilities of this agreement in exchange for our agreement to provide you with the information, news, videos, content, and other benefits of visiting the Website(s).
1. Introduction
Unless otherwise stated, these terms of use apply to users of this Website ("Website"). In this agreement, the term Website includes all websites and web pages within the Website as well as any equivalent, mirror, replacement, substitute, redirected or backup websites and web pages thereto and thereof. Please also review the terms of our Privacy Policy which forms part of these Terms of Use. Your use of this Website are subject to these Terms of Use, Privacy Policy, and any other terms, conditions or restrictions set forth within any of the materials provided on the Website. You agree to the Terms of Use by accessing this Website and/or by accepting any information from this Website. If you do not agree with any of these Terms of Use, do not use this Website. The owner of this website reserves the right, in its sole discretion, to modify, alter or otherwise change the Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Website after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes. The owner of this website assumes (and by using this Website you warrant that) you have legal capacity to enter into the agreement set out in theses Terms of Use. The owner of this website will assume (and by using this Website you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use.
This agreement does not cover your rights or responsibilities with respect to third party content, sites or any links that may direct your browser or your connection to third party sites or pages. You shall be responsible and shall indemnify The owner of this website for any claims related to such activities. This is the entire and exclusive agreement between you and The owner of this website regarding use of the Website and it cannot be modified, except as specifically described herein. Notwithstanding the foregoing, any downloadable widget, computer software, player, or other downloadable files linked from the Website may or may not be under our control and you assume the full responsibility and legal responsibility with respect to any downloaded media, content, files, music, artwork, information, text, or photographs (collectively, "Materials") located or found on the Website. All Materials contained and existing on the Website are protected by United States and international copyright law, and other federal and international laws.
This Website is offered and made available only to users 13 years of age or older. If you are not yet 13 years old, please discontinue using this Website immediately. If, for any reason, you do not agree with all of the terms and conditions contained herein, please discontinue using the Website immediately.
The Website and the information contained in reference herein are for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on the Website, you should confirm any facts that are important to your decision. You may print material from the Website for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies. (Please refer to the Copyright and Trademark Notice below). You may not modify or use the Materials for any other purpose without our express written consent. You may not reproduce, republish, post, transmit, publicly display, publicly perform, or distribute in print or electronically any Material published or provided on this Website.
This Website and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Website. The owner of this website is not responsible for, and cannot guarantee the performance of, the goods and services provided by our advertisers or others to whose websites we link, or the promotions or events promoted by the advertisers or sponsor who promote such events.
2. Ownership of Intellectual Property
All Website software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Website including, without limitation, the selection, sequence and "look and feel" and arrangement of items, (individually and/or collectively "Material"), are the property of The owner of this website, its affiliates, licensors, teams, athletes, musicians, artist, clients, advertisers, sponsors, or suppliers and are legally protected, without limitation, under the U.S. federal and state laws, as well as applicable foreign laws, regulations and treaties. The owner of this website may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Any reproduction, copying or redistribution of the Materials or design elements of the Website for any purpose are strictly prohibited without the express written consent of The owner of this website or its owner if The owner of this website is not the owner. This prohibition includes, without limitation, the reposting of RSS feeds of the Website or any portion thereof on other websites for any purpose whatsoever. All rights in the album, artist, band and label names, company names, trade names, logos, product packaging and designs of The owner of this website or third-party products or services whether or not appearing in large print or with the trademark symbol, belong exclusively to The owner of this website, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any Materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark of The owner of this website or any third party. Decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on this Website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
3. Copyright & Trademark Notice and Agent
This Website is the copyright of The owner of this website and its licensors, all rights reserved.
Pursuant to the terms of the Digital Millennium Copyright Act, The owner of this website has designated a Copyright Agent to receive notice of claims of copyright infringement on the Website. The owner of this website's Copyright Agent may be reached by filling out the contact form.
Pursuant to Title 17, United States Code, Section 512(c)(3), if you believe that your work has been copied in a way that constitutes copyright infringement please promptly provide a written communication to the Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.
4. Links
This Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The owner of this website and The owner of this website is not responsible for the contents of the Linked Sites. The owner of this website provides any Linked Sites to you only as a convenience, and the inclusion of any such Linked Sites is not an endorsement by The owner of this website in favor of any company offering Internet services, products or services on the Linked Sites.
5. Promotions and Contests
The Website may, from time to time, contain sweepstakes and other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration and/or entry are valid. You agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Website.
6. Membership and registration
Certain areas of this Website may require you to register or ask you to provide information to participate in certain features or access certain content. Your decision to provide that information is purely optional. If you elect not to provide that information, however, you may not be able to access that area, feature or content. If you elect to provide that information, you agree to provide information that is true and accurate. You may also be required to choose a user name and password. It is your responsibility alone to ensure the confidentiality of that name and password. You agree not to register under the name of any other person. The owner of this website reserves the right to reject any user name that is, in The owner of this website's sole and absolute judgment, offensive. You agree to notify The owner of this website of any unauthorized use of your user name and/or password. You must be at least 13 years old to register on the Website.
7. Purchase of merchandise
In the event any merchandise or services are offered for sale via this Website which are listed at an incorrect price or contain other incorrect information, The owner of this website shall have the absolute right to refuse or cancel any order placed for such merchandise or services and The owner of this website is released from liability for same. Your only remedy is to return to The owner of this website or a third party offering that merchandise for a refund, at The owner of this website's or the third party's sole discretion.
8. Disclaimer and release of liability
YOU AGREE THAT USE OF THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND YOU VISIT THE WEBSITE AT YOUR SOLE RISK. NEITHER The owner of this website, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. The owner of this website DOES NOT REPRESENT NOR WARRANT THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THORUGH THE WEBSITE.
The owner of this website DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY INFORMATION, PRODUCT OR SERVICE OFFERED ON THIS WEBSITE.
The owner of this website IS NOT LIABLE FOR ANY INJURY ARISING OUT OF THE USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. The owner of this website IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT The owner of this website'S LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO The owner of this website FOR THE USE OF THE WEBSITE.
9. Indemnification
You agree, at all times, to defend, indemnify and hold harmless The owner of this website, its respective affiliates and licensors and each of their respective directors, officers, employees, shareholders and agents from and against any and all claims, losses, actions, liabilities, damages, injuries, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) arising out of, directly or indirectly, any use you make of the Website or your use of material on the Website and any violation by you of these Terms of Use. You agree not to take any action that interferes with the proper working of the Website, imposes an unreasonable or disproportionately large load on the Website's infrastructure, might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or any content in the Website.
10. Governing Law
This Website originates from and is maintained in the United States of America. This Agreement has been made in and shall be construed in accordance with the laws of the State of Kentucky. You consent to the exclusive jurisdiction of the state and federal courts located in Kenton County, Kentucky in all disputes arising out of or relating to this Agreement or use of this Website without regard to conflict of laws or choice of law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises and you hereby expressly waive any right you may have under applicable federal, state or local statutes of limitations. The owner of this website makes no representations regarding the legality of access to or use of the Website or the materials contained herein from other countries. Access in countries where the materials contained herein are illegal is prohibited. Users who access the Website from outside the United States do so at their own risk.