Terms Of Use
1.
ACCEPTANCE OF TERMS
Cryptic Coaches welcomes you. Cryptic Coaches provides its service to you
subject to the following Terms of Service ("TOS"), which may be updated by us
from time to time without notice to you. In addition, when using particular
Cryptic Coaches owned or operated services, you and Cryptic Coaches shall be
subject to any posted guidelines or rules applicable to such services, which may
be posted from time to time. All such guidelines or rules (including but not
limited to our Spam Policy) are hereby incorporated by reference into the TOS.
Cryptic Coaches may also offer other services that are governed by different
Terms of Service.
Cryptic Coaches provides users with access to a rich collection of resources &
information, including various communications tools, forums, search services,
personalized content and branded programming through its network of properties
which may be accessed through any various medium or device now known or
hereafter developed (the "Service"). You also understand and agree that the
Service may include advertisements and that these advertisements are necessary
for Cryptic Coaches to provide the Service. You also understand and agree that
the Service may include certain communications from Cryptic Coaches, such as
service announcements, administrative messages and the Cryptic Coaches
Newsletter, and that these communications are considered part of Cryptic Coaches
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 Service, including the release of new Cryptic Coaches properties, shall
be subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that Cryptic Coaches 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
Service, 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 Service.
Please be aware that Cryptic Coaches has created certain areas on the Service
that may contain adult or mature content. You must be at least 18 years of age
to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
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 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 Cryptic Coaches has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Cryptic Coaches has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion
thereof). Cryptic Coaches is concerned about the safety and privacy of all its
users, particularly children. For this reason, parents of children under the age
of 13 who wish to allow their children access to the Service must create a
Cryptic Coaches Family Account. When you create a Cryptic Coaches Family Account
and add your child to the account, you certify that you are at least 18 years
old and that you are the legal guardian of the child/children listed on the
Cryptic Coaches Family Account. By adding a child to your Cryptic Coaches Family
Account, you also give your child permission to access many areas of the
Service, including, email, message boards and instant messaging (among others).
Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine
whether any of the Service areas and/or Content (as defined in Section 6 below)
are appropriate for your child.
4. Cryptic Coaches PRIVACY POLICY
Registration Data and certain other information about you are subject to our
Privacy Policy. You understand that through your use of the Service you consent
to the collection and use (as set forth in the 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 Cryptic Coaches and
its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
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 Cryptic Coaches 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. Cryptic Coaches 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
Cryptic Coaches, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. Cryptic Coaches
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will Cryptic Coaches 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 Service.
You agree to not use the Service 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 Cryptic
Coaches 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 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 (please read our
complete Spam Policy);
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. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
J. Interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
K. 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;
L. 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 Cryptic Coaches may or may not pre-screen Content, but that
Cryptic Coaches and its designees shall have the right (but not the obligation)
in their sole discretion to pre-screen, refuse, or move any Content that is
available via the Service. Without limiting the foregoing, Cryptic Coaches and
its designees shall have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Cryptic Coaches or
submitted to Cryptic Coaches, including without limitation information in
Cryptic Coaches Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Cryptic Coaches 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: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights, property or
personal safety of Cryptic Coaches, its users and the public.
You understand that the technical processing and transmission of the Service,
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.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by Cryptic Coaches
and/or content providers who provide content to the Service. You may not attempt
to override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON Cryptic Coaches NETWORK
When you register with Cryptic Coaches, you acknowledge that in using Cryptic
Coaches services to send electronic communications (including but not limited to
email, search queries, sending messages to Cryptic Coaches Chat or Cryptic
Coaches Groups, uploading photos and files to Cryptic Coaches Photos or
Briefcase, and other Internet activities), you will be causing communications to
be sent through Cryptic Coaches computer networks, portions of which are located
in California, Texas, Virginia, and other locations in the United States and
portions of which are located abroad. As a result, and also as a result of
Cryptic Coaches 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 Terms of Service, you acknowledge that use of the service
results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Cryptic Coaches does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service, you
grant Cryptic Coaches the following worldwide, royalty-free and non-exclusive
license(s), as applicable:
• With respect to Content you submit or make available for inclusion on publicly
accessible areas of Cryptic Coaches Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purposes of providing and promoting the specific
Cryptic Coaches Group 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 Service and will terminate at the time you remove or Cryptic
Coaches removes such Content from the Service.
• With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible areas of the Service other than Cryptic
Coaches Groups, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service 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
Service and will terminate at the time you remove or Cryptic Coaches removes
such Content from the Service.
• With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service
other than Cryptic Coaches Groups, 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 Service are those areas of the Cryptic
Coaches network of properties that are intended by Cryptic Coaches to be
available to the general public. By way of example, publicly accessible areas of
the Service would include Cryptic Coaches Message Boards and portions of Cryptic
Coaches Groups, Photos and Briefcase that are open to both members and visitors.
However, publicly accessible areas of the Service would not include portions of
Cryptic Coaches Groups that are limited to members, Cryptic Coaches services
intended for private communication such as Cryptic Coaches Mail or Cryptic
Coaches Messenger, or areas off of the Yahoo! network of properties such as
portions of World Wide Web sites that are accessible via hypertext or other
links but are not hosted or served by Cryptic Coaches.
10. INDEMNITY
You agree to indemnify and hold Cryptic Coaches 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 or otherwise
make available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your Cryptic
Coaches ID), use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Cryptic Coaches may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Cryptic Coaches servers on your
behalf, and the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that Yahoo! 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
Service. You acknowledge that Cryptic Coaches reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that Cryptic Coaches reserves the right to modify these general
practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
Cryptic Coaches reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Cryptic Coaches shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
14. TERMINATION
You agree that Cryptic Coaches may, under certain circumstances and without
prior notice, immediately terminate your Cryptic Coaches account, any associated
email address, and access to the Service. Cause for such termination 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) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, (f) extended
periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with the
Services. Termination of your Cryptic Coaches account includes (a) removal of
access to all offerings within the Service, including but not limited to Cryptic
Coaches Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message
Boards, Greetings, Alerts and Games, (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 the Service. Further,
you agree that all terminations for cause shall be made in Cryptic Coaches sole
discretion and that Cryptic Coaches shall not be liable to you or any third
party for any termination of your account, any associated email address, or
access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, 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 Cryptic Coaches 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 Service.
16. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Cryptic Coaches has no control over such sites
and resources, you acknowledge and agree that Yahoo! 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 Cryptic Coaches 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. Cryptic Coaches PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("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 sponsor
advertisements or information presented to you through the Service or by
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Cryptic
Coaches or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.
Cryptic Coaches 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, nor to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by Cryptic Coaches for
use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. YAHOO 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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
B. Cryptic Coaches AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
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 SERVICE
IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM 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
YAHOO! OR THROUGH OR FROM THE SERVICE 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
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 SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
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 Cryptic Coaches AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, 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 Cryptic Coaches HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE 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 17 AND 18 MAY NOT APPLY
TO YOU.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 18 and
19 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the Service
is intended for trading or investing purposes. Cryptic Coaches and its licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service, and shall not
be responsible or liable for any trading or investment decisions based on such
information.
22. 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.
23. NOTICE
Cryptic Coaches may provide you with notices, including those regarding changes
to the TOS, by email, regular mail or postings on the Service.
24. TRADEMARK INFORMATION
The Cryptic Coaches, Cryptic Coaches logo, Weinerschnitzel trademarks and
service marks and other Cryptic Coaches logos and product and service names are
trademarks of Cryptic Coaches. Without Cryptic Coaches prior permission, you
agree not to display or use in any manner the Cryptic Coaches Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
Cryptic Coaches respects the intellectual property of others, and we ask our
users to do the same. Cryptic Coaches 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 Cryptic Coaches Copyright Agent the
following information:
1. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. A description of where the material that you claim is infringing is located
on the site;
4. Your address, telephone number, and email address;
5. 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;
6. 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.
Cryptic Coaches Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By Mail:
Cryptic Coaches
C/O Mark Gullick
1539 Bonnie Cove
Glendora, CA 91740
By Phone: (626) 963-2745
By Email: klasickruzers@netzero.net
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
Cryptic Coaches and governs your use of the Service, superseding any prior
agreements between you and Cryptic Coaches with respect to the Service. You also
may be subject to additional terms and conditions that may apply when you use or
purchase certain other Cryptic Coaches services, affiliate services, third-party
content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Cryptic
Coaches shall be governed by the laws of the State of California without regard
to its conflict of law provisions. You and Cryptic Coaches agree to submit to
the personal and exclusive jurisdiction of the courts located within the county
of Santa Clara, California.
Waiver and Severability of Terms. The failure of Cryptic Coaches 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.
No Right of Survivorship and Non-Transferability. You agree that your Cryptic
Coaches account is non-transferable and any rights to your Cryptic Coaches 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.
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
Service 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.
27. VIOLATIONS
You may not copy any part of this web site without the expressed written
permission of Cryptic Coaches. Any copying of this web site without the
expressed written permission of Cryptic Coaches will result in a law suit.
Please report any violations of the TOS to our Customer Care group.
Copyright © 2009 Cryptic Coaches. All rights reserved. Privacy Policy