1. Acknowledgment and Acceptance of Terms of Service
Dolphin E-mail Leagues ("DEL") is provided to you ("Member") under the terms and conditions of this Terms of Service Agreement ("ToS") and any additional rules and policies published by Dolphin Simulation Games (DSG). The ToS comprises the entire agreement between Member and DSG and supersedes all prior agreements between the parties regarding the subject matter contained herein. By completing this registration process, you are indicating your agreement to be bound by all of the terms and conditions of the ToS.
2. Description of Service
DSG is providing Member with a capability to participate in one or more online sports simulation leagues hosted by DSG. This capability includes the control of a simulated professional- or college-level team, the ability to send e-mail messages to other participants in the league through the DEL mailing system, and the receiving of messages from other coaches in the league. Member must provide all equipment, such as a computer and modem, that he/she needs to connect to the World Wide Web and to an electronic mail service. Member must also provide for his/her own access to the World Wide Web and an electronic mail service, including but not limited to paying fees to the internet service provider and telephone fees. DSG charges $5.95 per season (plus processing fees for credit card charges) for participation in DEL, with exceptions made for individuals who joined a league while no charges were made. Should any change in this policy be made, DSG will send an e-mail notification to Member before any change in this policy takes effect. Should the e-mail address provided by Member to DSG be invalid or unable to accept incoming e-mail for any reason, DSG is cleared of its responsibility to make this notification. In addition to payment of any charges for participation in DEL, Member agrees to abide by the DEL Rules of Conduct.
3. Modifications to the Terms of Service
DSG may change the ToS at any time. Should this happen, DSG will send a notice via e-mail to Member. Once again, should Member provide an e-mail address that is invalid or unable to receive e-mail, DSG is cleared of its responsibility to make this notification. In addition, the revisions to the ToS will be shown the next time that Member logs on to the DEL World Wide Web site, and Member must again click the "I Accept" button following the posted changes. Member has the right to instead terminate his/her use of DEL at that time, and if appropriate, receive a refund for services not yet received. Member's continued use of DEL constitutes an acknowledgment by Member of the ToS and any modifications, as well as an agreement to abide by the ToS and any modifications.
4. Modifications to Service
DSG reserves the right to modify or discontinue the service with or without notice to Member. DSG shall not be liable to Member or any other party should DSG exercise this right.
5. Resale of Service
Member agrees not to resell use of the service without the express written consent of DSG.
6. Account, Password, and Security
Once Member's DEL registration is complete, he/she will receive an account and a password. Member is entirely responsible for maintaining the confidentiality of his/her password and account, and is entirely responsible for all activities which occur under his/her account. Member may change his/her password at any time by following instructions, and may have his/her password sent to him via electronic mail. Member agrees to immediately notify DSG of any unauthorized use of his/her account or any other breach of DSG security known to Member.
7. Disclaimer of Warranties
Member acknowledges and agrees that use of DEL is at Member's sole risk. This service is provided on an "as is" and "as available" basis. DSG disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. DSG makes no warranty that the service will meet your needs and/or desires, or that the service will be timely, secure, or error-free. Nor does DSG provide any warranty as to the accuracy or reliability of the service, or that defects in the software can be corrected. Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at his/her own discretion and risk, and that Member will be solely responsible for any damage and loss of data that results from such activity. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
8. Disclaimer of Member Actions
Member acknowledges and agrees that DSG neither endorses the content of actions and material published by Member and other users of this service, and that DSG does not assume responsibility for any threatening, libelous, obscene, harassing, or otherwise offensive material, or for any infringement of intellectual property rights or for any crime facilitated.
9. Limitation of Liability
Member acknowledges and agrees that DSG shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the service, the cost of procurement of substitute goods and services, or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service, or resulting from unauthorized access or alteration of Member's transmissions or data, including but not limited to damages for loss of profits, use, data or other intangible, even if DSG has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
10. Warranty and Indemnification
Member warrants that Member is free to enter into and abide by the terms of the ToS, and that member is the sole owner or licensor of any messages or other content (the "Material") transmitted by Member via the service. Member additionally warrants that none of the Material shall interfere or infringe under common or statutory law with the rights of any other party, including without limitation contract rights, copyrights, trademarks, patents, and rights of privacy, and Member has obtained all necessary clearances and permissions. Member agrees to indemnify, hold harmless and defend (with counsel approved by DSG) DSG from any and all losses, actions, controversies, demands, suits, proceedings, claims, or causes of action of any kind, whether by formal or informal proceeding, or by letter, brought or asserted in any manner, and all liabilities, losses, claims, costs, interest, penalties, demands, expense, and damages whatsoever (including reasonable attorneys' fees and costs of suit, whether incurred before, during or the appeal of any trial, bankruptcy proceeding, arbitration or alternative dispute resolution program), regardless of cause or responsibility for negligence and whether or not caused by Member, DSG or others, related to or arising, directly or indirectly, from breach by Member of any representation, warranty or covenant herein or use of the Service by Member.
Either Member or DSG may terminate the Service with or without cause at any time and effective immediately. DSG shall not be liable to Member or any other party for termination of Service. Should Member object to any terms and conditions of the ToS or any subsequent modifications, or become dissatisfied with the Service in any way, Member's recourse is to discontinue use of the Service, terminate Service membership, and notify DSG of termination. Upon completion of these three actions, Member's right to use the Service immediately ceases.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. DSG may broadcast notices via e-mail to inform Member of changes to the ToS or the service, or any other matters of importance. Such broadcasts shall constitute notice to Member, whether or not Member receives the notice.
13. Participation in Promotions of Advertisers
Member may enter into correspondence with or participate in promotions of the advertisers showing their products on DEL. Any such correspondence or promotions are solely between the Member and the advertiser. DSG assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.
14. Proprietary Rights to Content
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by DSG or DSG's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
15. Laws This ToS agreement shall be governed by and construed in accordance with the laws of the state of Arizona, excluding its conflict of law provisions. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member and DSG agree to submit to the exclusive jurisdiction of the courts of the state of Arizona. If any provision(s) of the ToS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. DSG's failure to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right unless agreed to be DSG in writing. Member and DSG agree that any cause of action arising out of or related to this Service must commence within one year after the cause of action arose; otherwise such cause of action is permanently barred.
DEL is not affiliated with any real-life sports league or team. Any similarities between players in DEL and real-life are completely coincidental.
If you have any questions regarding the ToS, please contact us.
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