Read This Terms of Use Agreement Before Using
the USCTALENT.com Website.
Effective Date: This Terms of Use Agreement was last updated
on June 24, 2009
This Terms of Use Agreement sets forth the standards of use of the
USCTALENT.com Online Service. By using the USCTALENT.com website you
(the “USER”) agree to these terms and
conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this
website. We reserve the right, at any time, to modify, alter, or update
the terms and conditions of this agreement without prior
notice. Modifications shall become effective immediately upon
being posted at USCTALENT.com website. Your continued use of
the Service after amendments are posted constitutes an acknowledgement
and acceptance of the Agreement and its modifications. Except as
provided in this paragraph, this Agreement may not be amended. Within
this Agreement, USCTALENT.com shall be understood to cover
USCTALENT.com, WebRoyalty.Com, Nicholas J. Matyas, any of its websites
and representatives. USCTALENT.com is a advertising website operated by
webmaster WebRoyalty.com under the ownership of Nicholas J. Matyas. The
term “USER” shall be understood to cover any
individual or entity who uses website in any way whether as a consumer,
legal professional, advertiser, or link partner.
1. Background & Description of Service
USCTALENT.com is providing USER with information and services relating
publicly available information about USC Football, USC Trojans, college
football and other resource information. Advertisers has paid
fee to list their services. USCTALENT.com is not affiliated
with the University of Southern California, Pac-10 or any other college
football entity. USCTALENT.com does not verify the expertise, skills,
credentials, education and any other details of the links, individuals
and firms listed on this website. It is USER sole decision
whether or not to work, retain or conduct business with any individuals
and firms listed within this website. USER must provide
(1) all equipment necessary for their own Internet
connection, including computer and modem and (2) provide for
USER’s access to the Internet, and (3) pay any fees relate
with such connection.
2. Disclaimer of Warranties
The site is provided by USCTALENT.com on an “as is”
and on an “as available” basis. To the
fullest extent permitted by applicable law, USCTALENT.com
makes no representations or warranties of any kind, express or implied,
regarding the use or the results of this website in terms of its
correctness, accuracy, reliability, or otherwise.
USCTALENT.com shall have no liability for any interruptions in the use
of this Website. USCTALENT.com disclaims all warranties with
regard to the information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties; therefore the above-referenced
exclusion is inapplicable.
USCTALENT.com is an internet marketing and advertising website.
Advertisement of Services, and all of the materials and
information on the website are provided for informational purposes
only, and may not reflect current legal developments or variances in
the law of different jurisdictions. Nothing on the website should be
construed as legal advice or used as a substitute for legal advice.
Neither USCTALENT.com, WebRoyalty.Com nor any of its websites and
representatives provide advice.
The materials and information on the Site do not necessarily reflect the opinions of the University of Southern California, PAC-10, the advertises, clients or affiliates. The information in the Site is not guaranteed to be correct, complete or up to date. USER agrees that any claim arising out of your relationship with any advertiser shall be brought solely against such advertiser and, as USCTALENT.com is doing nothing more than assisting in the advertising of their respective services and practices, neither USCTALENT.com, WebRoyalty.Com nor any of its websites and representatives shall be included within any such claim.
3. Limitation of Liability
USCTALENT.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN
PARTICULAR USCTALENT.COM SHALL NOT BE LIABLE FOR ANY SPECIAL,
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST
PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO
THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES
ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW,
OR OTHERWISE, EVEN IF USCTALENT.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
USER agrees to indemnify and hold USCTALENT.com, its parents,
subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys’ fees and
costs, made by any third party due to or arising out of
USER’s use of the Website Service, the violation of this
Agreement, or infringement by USER, or other user of the Service using
USER’s computer, of any intellectual property or any other
right of any person or entity.
5. Modifications and Interruption to Service
USCTALENT.com reserves the right to modify or discontinue the Service
with or without notice to the USER. USCTALENT.com shall not be liable
to USER or any third party should USCTALENT.com exercise its right to
modify or discontinue the Service. USER acknowledges and accepts that
USCTALENT.com does not guarantee continuous, uninterrupted or secure
access to our website and operation of our website may be interfered
with or adversely affected by numerous factors or circumstances outside
of our control.
6. Third-Party Sites
USCTALENT.com website may include links to other sites on the Internet
that are owned and operated by online merchants and other third
parties. USER acknowledges that USCTALENT.com is not
responsible for the availability of, or the content located on or
through, any third-party site. USER should contact the site
administrator or webmaster for those third-party sites if you have any
concerns regarding such links or the content located on such
sites. USER use of those third-party sites is subject to the
terms of use and privacy policies of each site, and USCTALENT.com is
not responsible therein. USCTALENT.com encourage all USERs to review
said terms of use and privacy policies of third-parties’
sites.
7. Disclaimer Regarding Accuracy of Information
Services specifications and other information have either been provided
by the USERs or collected from publicly available sources. While
USCTALENT.com makes every effort to ensure that the information on this
website is accurate, we can make no representations or warranties as to
the accuracy or reliability of any information provided on this website.
USCTALENT.com makes no warranties or representations whatsoever with
regard to any product provided or offered by any USER, and USER
acknowledges that any reliance on representations and warranties
provided by any information contained in USCTALENT.com shall be at USER
own risk.
8. Governing Jurisdiction of the Courts in Orange County,
California
USCTALENT.com website is operated and provided in the State of
California, County of Orange. As such, we are subject to the laws of
the State of California and the County of Orange and such laws will
govern this Terms of Use, without giving effect to any choice of law
rules. USCTALENT.com make no representation that the website
or other services are appropriate, legal or available for use in other
locations. Accordingly, if USER choose to access the
USCTALENT.com website USER agrees to do so subject to the internal laws
of the State of California and County of Orange.
9. Compliance with Laws
USER assumes all knowledge of applicable law and is responsible for
compliance with any such laws. USER may not use the Service
in any way that violates applicable state, federal, or international
laws, regulations or other government requirements. USER further agrees
not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or
international law or regulation.
10. Intellectual Property Information
All content included or available on this site, including site design,
text, graphics, interfaces, and the selection and arrangements thereof
is ©2009 USCTALENT.com, with all rights reserved, or is the
property of USCTALENT.com and/or third parties protected by
intellectual property rights. Any use of materials on the
website, including reproduction for purposes other than those noted
above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any
kind, without prior written permission of an authorized officer of
USCTALENT.com is strictly prohibited. USERs agree that they
will not use any robot, spider, or other automatic device, or manual
process to monitor or copy our web pages or the content contained
therein without prior written permission of an authorized officer of
USCTALENT.com.
USCTALENT.com and WebRoyalty.com™ are proprietary marks of
Nicholas J. Matyas. USCTALENT.com’s trademarks may not be
used in connection with any product or service that is not provided by
USCTALENT.com, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits USCTALENT.com
All other trademarks displayed on USCTALENT.com’s website are
the trademarks of their respective owners, and constitute neither an
endorsement nor a recommendation of those USERs. In addition,
such use of trademarks or links to the web sites of USERs and
advertisers is not intended to imply, directly or indirectly, that
those USERs endorse or have any affiliation with USCTALENT.com.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, USCTALENT.com designates
the following individual as its agent for receipt of notifications of
claimed copyright infringement.
By Mail:
2443 Littleton Place Costa Mesa, CA 92626
By Telephone:
(949)-903-2010
By Email:
info@USCTALENT.com
12. No Agency
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
agreement.
13. Headings
Headings are for reference purposes only and do not limit the scope or
extent of each section in this agreement.
14. No Waiver
Our failure to act with a breach by USER or others does not waive our
right to act with respect to subsequent or similar breaches.
15. Botnets, Spiders & Worms
USER is prohibited from using any type of Botnets, Spiders or computer
Worm or any other device that is intended or is likely to disrupt,
overload, or otherwise impair the workings of any part of the website.
If USER engages in such conduct, the resulting damage will be hard to
quantify as a dollar amount and thus USER hereby agree to pay
USCTALENT.com liquidated damages in the amount of $5,000 for each day
that the website is damaged until the website is completely repaired.
This amount is derived by estimating the value of (1) the loss of good
will caused by an inoperable website, and (2) the time and money it
will take to repair the website and to address the concerns of other
users. This clause will not prohibit us from seeking additional
compensation if your conduct injures us in a way not expressly
contemplated herein. In addition, USCTALENT.com retains the right, at
our sole discretion, to terminate any accounts involved with botnets
and related activities. If any hostnames are used as command and
control points for botnets, USCTALENT.com reserves the right to direct
the involved hostnames to a honeypot, loopback address, logging
facility, or any other destination at our discretion.
16. Fees
The fees payable by USERS are, except as set forth below,
non-refundable and will be as set forth on the website from time to
time. Fees are assessed on an annual 12-month basis starting at the
initial signup date and proceeding the nest 365 days. Fees may be
modified at any time. Upon any increase in fees during the term of any
listing purchased by USER, such USER may, within 30 days of such
increase, cancel the remainder of its posting and receive a pro-rata
refund for amounts previously paid. If USER has provided a credit card
or credit card number to USCTALENT.com, USER hereby authorize
USCTALENT.com aka WebRoyalty to charge such credit card for the fees
due and owing to us as set forth in this Agreement and on the website.
USER acknowledges and agrees that Web Royalty will show on the credit
card statement. The term of any listing by a USER will automatically
renew for additional terms of equal length unless you provide us with a
written or electronic notice of termination at least 30 days prior to
the expiration of any term.
18. Statute of Limitations
USER agrees that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of this
website, this agreement and/or the relationship between USER and
USCTALENT.com must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
19. Attorney Ethics Notice
If USER is an attorney or lawyer, participating in any aspect of this
website, USER acknowledges that rules of professional conduct apply to
all aspects of your participation and that you will abide by such
rules. The rules include, but are not limited to, the rules relating to
advertising, solicitation of clients, unauthorized practice of law, and
misrepresentations of fact. USCTALENT.com disclaim all responsibility
for your compliance with these rules.
20. Privacy Policy
USER personal information is subject to the USCTALENT.com
Privacy Policy, which is incorporated herein on the
21. Additional Disclaimers and Terms & Conditions
USCTALENT.com is additional covered with Disclaimers and Terms & Conditions set forth under Web Royalty’s Master Terms & Conditions agreement found on website link: http://www.disclaimer.webroyalty.com/