Terms of Use

Posted: June 16, 2010

Please Read Carefully Before Using This Website:

Keepscores, Inc. (“Keepscores”, or “we”) operates Keepscores.com, which is a sports networking platform that allows Members to create unique personal profiles online in order to find and communicate with sports buddies. The services offered by Keepscores include any Keepscores-branded URL (the "KeepScores Website"), Keepscores messaging services (including, without limitation, instant messaging, private messaging, and email services), Keepscores developer services, Keepscores mobile services, and any other features, content, or applications offered from time to time by Keepscores in connection with Keepscores’s business (collectively, the "Keepscores Services"). The Keepscores Services are hosted in the United States.


If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.

A. TERMS APPLICABLE TO ALL USERS

1. Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.

For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use].

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

You are authorized to use the Keepscores Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Keepscores Services, you must indicate your acceptance of this Agreement during the registration process.

Keepscores reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Keepscores Services. All material modifications will apply prospectively only. Your continued use of the Keepscores Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Keepscores Services immediately. You may receive a copy of this Agreement by contacting us at membership@keepscores.com.

2. Eligibility

Use of the Keepscores Services and registration to be a Member for the Keepscores Services (“Membership”) is void where prohibited. By using the Keepscores Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Keepscores Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

3. Jurisdiction

The Website is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Keepscores makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer, or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data (automated or manual) from the Website is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy <provide hyperlink>. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Keepscores shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Keepscores is strictly prohibited.

5. Copyrights and Trademarks

The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Keepscores’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Keepscores.

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Keepscores. You may not use a part of this Website on any other Website, without Keepscores’s prior written consent.

Keepscores respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of Keepscores is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at membership@keepscores.com.

6. Content Posted

Keepscores performs technical functions necessary to offer the Keepscores Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Keepscores Services. In addition, you agree and acknowledge that Keepscores may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Keepscores Services. You can control what type of communications you receive from the Keepscores Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.

Keepscores reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Keepscores Services.

Please choose carefully the information that you post on, through or in connection with the Keepscores Services and that you provide to other Users. Your Keepscores profile may not include any form of Prohibited Content, as outlined in Section 26 below. Despite this prohibition, information, materials, products or services provided by other Keepscores Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Keepscores assumes no responsibility or liability for this material. If you become aware of misuse of the Keepscores Services by any person or Linked Service, please send an email immediately to membership@keepscores.com or click on the “Report Abuse” links at the bottom of the Keepscores Website pages.

Keepscores may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Keepscores violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Keepscores assumes no responsibility for monitoring the Keepscores Services for inappropriate Content or conduct. If at any time Keepscores chooses, in its sole discretion, to monitor the Keepscores Services, Keepscores nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on, through or in connection with any of the Keepscores Services, and any material or information that you transmit to other Members and for your interactions with other Users.

7. Content and Activity Prohibited

The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Keepscores Services. Keepscores reserves the right to investigate and take appropriate legal action against anyone who, in Keepscores 's sole discretion, violates this provision, including, without limitation, removing the offending Content from the Keepscores Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Keepscores:

- Is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

- Harasses or advocates harassment of another person;

- Exploits people in a sexual or violent manner;

- Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

- Solicits or is designed to solicit personal information from anyone under 18;

- Publicly posts information that poses or creates a privacy or security risk to any person;

- Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

- Constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

- Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

- Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

- Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

- Solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

- Involves commercial activities and/or sales without prior written consent from Keepscores such as contests, sweepstakes, barter, advertising, or pyramid schemes;

- Includes a photograph or video of another person that you have posted without that person's consent;

- For band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or

- Violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the Keepscores Website and through your use of the Keepscores Services. Keepscores reserves the right to investigate and take appropriate legal action against anyone who, in Keepscores's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:

- Criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sendingof viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

- Advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Keepscores Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Keepscores reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Keepscores deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the Keepscores Services, you acknowledge that you will have caused substantial harm to Keepscores, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Keepscores $100 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the Keepscores Services;

- Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Keepscores Services;

- Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

- Modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Keepscores Services other than your Content which you legally post on, through or in connection with the Keepscores Services;

- Providing or using “tracking” or monitoring functionality in connection with the Keepscores Services, including, without limitation, to identify other Users’ views, actions or other activities on the Keepscores Services;

- Covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Keepscores page via HTML/CSS or any other means;

- Any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;

- Interfering with, disrupting, or creating an undue burden on the Keepscores Services or the networks or services connected to the Keepscores Services;

- Impersonating or attempting to impersonate Keepscores or a Keepscores employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);

- Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

- Selling or otherwise transferring your profile, your email address or URL;

- Using or distributing any information obtained from the Keepscores Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

- Displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Keepscores Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Keepscores, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;

- Relaying email from a third party's mail servers without the permission of that third party;

- Using invalid or forged headers to disguise the origin of any Content transmitted to or through Keepscores’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;

- Using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Keepscores Website for the purposes of sending unsolicited or unauthorized material;

- Engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or

- Using the Keepscores Services in a manner inconsistent with any and all Applicable Law.

8. Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only.However, Keepscores does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to Keepscores website and the products and services Keepscores offers.If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Keepscores reserves the right to terminate any link or linking program at any time. Keepscores disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without Keepscores’s written permission. If you are interested in linking to this Website, please contact info@keepscores.com.

9.No Unlawful Or Prohibited Use

As a condition of your use of the Website, you warrant to Keepscores that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

10. Spamming

Gathering email addresses from Keepscores through harvesting or automated means is prohibited.Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Keepscores should be directed to: info@keepscores.com

11. No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH Keepscores EXPRESSLY DISCLAIMS. Keepscores DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND Keepscores WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. Keepscores MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Keepscores SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

12. Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of California, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

13. Separate Agreements

You may have other agreements with Keepscores Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Keepscores

14. Copyright Policy

Keepscores respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify us through info@keepscores.com and provide the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

15. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors under the age of 14. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

16. Users Disputes

You are solely responsible for your interactions with other Users. Keepscores reserves the right, but has no obligation, to monitor disputes between you and other Users.

17. User Submissions And Communications; Public Areas

You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Keepscores or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Keepscores by email or through postings on the site, you automatically represent and warrant that the owner of such content has expressly granted Keepscores a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Keepscores may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Keepscores by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums, whiteboards, tips and reviews on the Websiteare not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Keepscores has full discretion to delete messages. Users are encouraged to read the specific rules for the forums, whiteboards, tips and reviews displayed in each section first before participating.

Keepscores reserves the right (but is not obligated) to do any or all of the following:

(a) Record the dialogue in forums, whiteboards, tips and reviews.

(b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.

(d) Terminate a Member's access to any or all Public Areas and/or the Keepscores Site upon any breach of these Terms of Use.

(e) Monitor, edit, or disclose any communication in the Public Areas.

(f) Edit or delete any communication(s) posted on the Keepscores Site, regardless of whether such communication(s) violate these standards.

Keepscores reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Keepscores has no liability or responsibility to users of the Keepscores Website or any other person or entity for performance or nonperformance of the aforementioned activities.

18. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Keepscores confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in California, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

19. Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Keepscores SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Keepscores HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Keepscores. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

20. Indemnity

You agree to defend, indemnify, and hold Keepscores its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

21. Accounts And Security

Keepscores does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide Keepscores with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

(a)select or use a Login Name of another person with the intent to impersonate that person;

(b) use a name subject to the rights of any other person without authorization;

(c)use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.

You shall notify Keepscores of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Keepscores sole discretion, and you may be reported to appropriate law-enforcement agencies.

22. Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Keepscores Services or are a Member. You may terminate your Membership at any time, for any reason, by sending membership@keepscores.com an email that you want to terminate your membership with the site. Keepscores may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Keepscores reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Keepscores Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Keepscores reserves the right, in its sole discretion, to reassign or rename your profile URL and/or member identification. Keepscores expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Keepscores Services if Keepscores determines, in its sole discretion, that you have violated this Agreement or pose a threat to Keepscores, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement, and all its sections without limitation, will remain in effect.

23. Fees

You acknowledge that Keepscores reserves the right to charge for any portion of the Keepscores Services and to restrict certain sections of the website if the fees are not paid, and to change its fees (if any) from time to time in its discretion. If Keepscores terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

24. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Keepscores immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

25. Use By Members

The Keepscores Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Keepscores. Keepscores reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Keepscores Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Keepscores Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Keepscores reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Keepscores Services.

If you would like to request additional information regarding these Terms of Use, please contact us at info@keepscores.com