PLEASE READ THESE TERMS AND CONDITIONS OF USE
("TERMS OF SERVICE") CAREFULLY. YOUR USE OF THE SITE IS CONDITIONED UPON YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS WITHOUT MODIFICATION. BY ACCESSING OR
USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL
TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, DO NOT USE THIS SITE.
1. ACCEPTANCE OF TERMS
Grace Media, LLC. ("Grace Media") welcomes you. Grace Media provides the Grace Media Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time. By accessing and using the Grace Media Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Grace Media owned or operated services, you and Grace Media shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Grace Media may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF GRACE MEDIA SERVICES
Grace Media provides users with access to a collection of resources through The Athletics Department.com which may be accessed through any various medium or device now known or hereafter developed (the "Grace Media Services"). You also understand and agree that the Grace Media Services may include advertisements and that these advertisements are necessary for Grace Media to provide the Grace Media Services. You also understand and agree that the Grace Media Services may include certain communications from Grace Media, such as service announcements, administrative messages and the Grace Media Newsletter, and that these communications are considered part of Grace Media membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Grace Media Services, including the release of new Grace Media properties, shall be subject to the TOS. You understand and agree that the Grace Media Services is provided "AS-IS" and that Grace Media assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Grace Media Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Grace Media Services.
You understand that the technical processing and transmission of the Grace Media Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Grace Media Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Grace Media Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Grace Media Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Grace Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Grace Media has the right to suspend or terminate your account and refuse any and all current or future use of the Grace Media Services (or any portion thereof).
4. GRACE MEDIA PRIVACY POLICY
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Grace Media Privacy Policy. You understand that through your use of the Grace Media Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Grace Media and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the TheAthleticsDepartment.com Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Grace Media of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Grace Media cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Grace Media, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Grace Media Services. Grace Media does not control the Content posted via the Grace Media Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Grace Media Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Grace Media be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Grace Media Services.
You agree to not use the Grace Media Services to:
a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Grace Media official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Grace Media Service;
e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Grace Media Services or servers or networks connected to the Grace Media Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Grace Media Services, including using any device, software or routine to bypass our robot exclusion headers;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
k. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Grace Media may or may not pre-screen Content, but that Grace Media and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Grace Media Services. Without limiting the foregoing, Grace Media and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
All information contained on this site is deemed, but not guaranteed, to be reliable. Grace Media is diligent in providing the most accurate information available to it, but recommends that such information be independently verified. All data is provided AS IS and with all faults.
You acknowledge, consent and agree that Grace Media may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Grace Media, its users and the public.
You understand that the Grace Media Services and software embodied within the Grace Media Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Grace Media and/or content providers who provide content to the Grace Media Services. You may not attempt to override or circumvent any of the usage rules embedded into the Grace Media Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Grace Media Services, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON GRACE MEDIA NETWORK
When you register with Grace Media, you acknowledge that in using the Grace Media Services to send electronic communications (including but not limited to email, search queries, sending messages to Grace Media, uploading photos and files, and other Internet activities), you will be causing communications to be sent through Grace Media's computer networks, portions of which are located in Texas. As a result, and also as a result of Grace Media's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE GRACE MEDIA SERVICES
Grace Media does not claim ownership of Content you submit or make available for inclusion on the Grace Media Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Grace Media Services, you grant Grace Media the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Grace Media sites, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Grace Media Services solely for the purposes of providing and promoting the specific Grace Media site to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Grace Media Services and will terminate at the time you remove or Grace Media removes such Content from the Grace Media Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Grace Media Services other than Grace Media sites, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Grace Media Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Grace Media Services and will terminate at the time you remove or Grace Media removes such Content from the Grace Media Services.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Grace Media Services other than Grace Media sites, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Grace Media Services are those areas of the Grace Media network of properties that are intended by Grace Media to be available to the general public.
9. CONTRIBUTIONS TO GRACE MEDIA
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Grace Media through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Grace Media is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Grace Media shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Grace Media may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Grace Media without any obligation of Grace Media to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Grace Media under any circumstances.
10. INDEMNITY
You agree to indemnify and hold Grace Media and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Grace Media Services, your use of the Grace Media Services, your connection to the Grace Media Services, your violation of the TOS, or your violation of any rights of another.
11. REUSE OF GRACE MEDIA SERVICES
You agree not to sell, trade, resell or exploit, any portion or use of, or access to, the Grace Media Services (including Content, advertisements, Software and your Grace Media ID).
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Grace Media may establish general practices and limits concerning use of the Grace Media Services, including without limitation the maximum number of days that email messages, or other uploaded Content will be retained by the Grace Media Services, the maximum number of email messages that may be sent from or received by an account on the Grace Media Services, the maximum size of any email message that may be sent from or received by an account on the Grace Media Services, the maximum disk space that will be allotted on Grace Media's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Grace Media Services in a given period of time. You agree that Grace Media has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Grace Media Services. You acknowledge that Grace Media reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Grace Media reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO GRACE MEDIA SERVICES
Grace Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Grace Media Services (or any part thereof) with or without notice. You agree that Grace Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Grace Media Services (or any part thereof).
14. TERMINATION
You may terminate your Grace Media account, any associated email address and access to the Grace Media Services by submitting such termination request to Grace Media.
You agree that Grace Media may, without prior notice, immediately terminate, limit your access to or suspend your Grace Media account, any associated email address, and access to the Grace Media Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Grace Media Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Grace Media Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Grace Media's sole discretion and that Grace Media shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Grace Media Services.
Termination of your Grace Media account includes any or all of the following: (a) removal of access to all or part of the offerings within the Grace Media Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Grace Media Services.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Grace Media Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Grace Media shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Grace Media Services.
16. LINKS
The Grace Media Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Grace Media is not responsible for the availability of such external sites or resources, and does not endorse and is 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 Grace Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17. GRACE MEDIA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Grace Media Services and any necessary software used in connection with the Grace Media Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Grace Media Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Grace Media or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Grace Media Services, such Content or the Software, in whole or in part.
Grace Media grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Grace Media Services. You agree not to access the Grace Media Services by any means other than through the interface that is provided by Grace Media for use in accessing the Grace Media Services.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE GRACE MEDIA SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE GRACE MEDIA SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GRACE MEDIA, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. GRACE MEDIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE GRACE MEDIA SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE GRACE MEDIA SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GRACE MEDIA SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE GRACE MEDIA SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GRACE MEDIA SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRACE MEDIA OR THROUGH OR FROM THE GRACE MEDIA SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE GRACE MEDIA SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE GRACE MEDIA SERVICE. IMMEDIATELY DISCONTINUE USE OF THE GRACE MEDIA SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE GRACE MEDIA SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GRACE MEDIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GRACE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE GRACE MEDIA SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GRACE MEDIA SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE GRACE MEDIA SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
21. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
22. NOTICE
Grace Media may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Grace Media Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Grace Media Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Grace Media Services in an authorized manner.
23. TRADEMARK INFORMATION
You agree that all of Grace Media’s trademarks, trade names, service marks and other Grace Media logos and brand features, and product and service names are trademarks and the property of Grace Media LLC (the "Grace Media Marks"). Without Grace Media's prior permission, you agree not to display or use in any manner the Grace Media Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Grace Media respects the intellectual property of others, and we ask our users to do the same. Grace Media may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Grace Media's 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 or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email 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;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Grace Media's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Grace Media LLC
P.O. Box 1508
Austin, TX 78767
By phone: 512.452.8800
By fax: 512.452.8805
By email: info@gracemediaweb.com
25. ENTIRE AGREEMENT
The TOS constitutes the entire agreement between you and Grace Media and governs your use of the Grace Media Services, superseding any prior version of this TOS between you and Grace Media with respect to the Grace Media Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Grace Media services, affiliate services, third-party content or third-party software.
26. CHOICE OF LAW AND FORUM
You and Grace Media each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Grace Media, shall be brought exclusively in the courts located in the county of Travis, Texas or the U.S. District Court for the Western District of Texas. You and Grace Media agree to submit to the personal jurisdiction of the courts located within the county of Travis, Texas or the Western District of Texas, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
27. WAIVER AND SEVERABILITY OF TERMS
The failure of Grace Media to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
28. NO RIGHT OF SURVIVORSHIP AND
NON-TRANSFERABILITY
You agree that your Grace Media account is non-transferable and any rights to your Grace Media ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
29. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Grace Media Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.