Terms of Use

Acceptance of Terms
By visiting the Site or using the Site, you are considered a "User" (also identified as "you" or "your"), and you accept the terms and provisions set forth herein. If you do not agree with all of these terms or provisions, do not visit or use the Site. Visiting and using the Site is expressly conditioned upon the User’s assent to all the terms and provisions set forth herein.

Content
thesportsking.com strives to be your number one source of sports news, information and chat relating to all of America’s sporting events and teams. We do our best to provide accurate, topical and up-to-date information; however, thesportsking.com does not guarantee the accuracy, integrity, or quality of any material that is found on, in connection with, or posted to our Site. thesportsking.com, although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Site, regardless of any requests to do so made by any User. thesportsking.com has no responsibility, obligation, or liability for the deletion or failure to store any material.

Conduct in Chat Rooms, Message Boards and on the Site
thesportsking.com has no obligation to review, screen, edit, monitor or censor any material from any User contained or presented on or in the Site, and further has no liability for any such materials found on or associated with the Site. thesportsking.com reserves the right to monitor, access, modify or edit any information, material or use thereof affiliated with or posted to the Site; to remove any material that does not comply with the terms or provisions herein; to establish general practices and limitations concerning the use of the Site; and to change these general practices and limits at any time, in its sole discretion, with or without notice.

thesportsking.com may be used solely for lawful purposes, and may not be used in such a manner as to violate any applicable law, including but not limited to patent, copyright, trademark, obscenity, privacy, anti-trust, defamation or export control laws. In addition, thesportsking.com may not be used in a vulgar, tortious, libelous, abusive, invasive of privacy, unlawful, hateful, defamatory, threatening, misrepresentative, harassing, malicious, or discriminatory manner. thesportsking.com may not be the venue for the sale, exchange, promotion, solicitation or transfer of any material that is: unlawful, harmful to minors in any way, misrepresentative, containing computer viruses, or any files, computer code, or programs that are designed to destroy, interrupt, or limit the functionality of any software or hardware, disruptive to the use of thesportsking.com by other users, or an intentional or unintentional violation of any applicable local, state, federal, or international law. You may not use thesportsking.com to send unsolicited advertising, promotional material, or other forms of solicitation to other Users or any third-party, except in those specified ways that are designed for such a purpose, and you further may not submit, publish, distribute, or transmit through the Site or its e-mail links materials which do not meet the requirements of these Terms of Use. thesportsking.com, its agents, and its employees are released from any liability or responsibility arising from any conduct in violation of the foregoing prohibitions.

thesportsking.com reserves the right to prohibit use of the Site by any User who, in our sole discretion, violates these Terms of Use. Such a prohibition can occur without notice to the user. If you believe another user is violating these terms, you may notify thesportsking.com, and we will work in good faith to resolve any such issues.

thesportsking.com reserves the right to disclose any material contained on or associated with the Site, or information relating to such material, if required to do so by law or in good faith belief that such records or disclosures are reasonably necessary to (i) comply with the legal process; (ii) enforce the terms and provisions contained herein; (iii) respond to any claim that material contained on or associated with the website is in violation of any right of any third party; or (iv) to protect the rights, property, or personal safety of thesportsking.com, its employees, its users, or the general public.

Each User indemnifies and holds thesportsking.com, its agents, co-branders, affiliates, officers, and employees, harmless from any claim, demand or liability, including reasonable attorney fees, made by any third party due to or arising out of the content submitted, posted or otherwise transmitted to thesportsking.com, use of thesportsking.com, violation of the terms and provisions contained herein, violation of any right of any third party or violation of any applicable law.

Ownership
All materials on thesportsking.com created or provided by thesportsking.com, including text, graphics, logos, icons, and images, are the property of thesportsking.com or its content providers, and are protected by United States and international intellectual property laws. The compilation of all the content on this website is the exclusive property of thesportsking.com and is also protected by United States and international intellectual property laws. You may download, view, copy, and print the materials on this Site for personal use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site in any form or by any means without the prior written consent of thesportsking.com. thesportsking.com reserves the right to revoke any of the rights granted herein at any time, and those rights automatically terminate if you violate any of the terms or provisions herein. Upon revocation or termination of such rights, you must destroy any digital or printed copies obtained from any portion of the Site. Unauthorized use of any material on thesportsking.com may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted herein are reserved.

The trademarks, service marks, and logos used on thesportsking.com, including THESPORTSKING.COM, CLEVELAND'S SPORTS WEBSITE, CLEVELAND'S NUMBER 1 SPORTS WEBSITE, CLEVELAND'S #1 SPORTS WEBSITE, CLEVELAND'S ORIGINAL SPORTS WEBSITE and AMERICA'S SPORTS WEBSITE are trademarks of thesportsking.com or others. Nothing on thesportsking.com shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written consent of thesportsking.com. The designations ä, ®, ©, SM or any other intellectual property symbols reflect registration and/or use in the context of United States laws as such relate to such intellectual property symbols.

With respect to any material that you submit or post to thesportsking.com, you grant thesportsking.com a royalty free, perpetual, irrevocable non-exclusive license to reproduce, modify, adapt, create a derivative work from, perform, distribute, or publish any such material.

Links to Other Sites
thesportsking.com may contain links to other web sites, including links to our advertiser’s web sites. thesportsking.com has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of or any representation regarding the linked website, its content, its owner, its performance, or its owner’s products or services.

Disclaimer of Warranties
Some products and services offered on the Site are provided by third parties with representations and warranties provided by those third parties; unless specifically stated otherwise, thesportsking.com makes no other representations or warranties whatsoever with respect to the products or services of third parties. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THESPORTSKING.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, AND NON-INFRINGEMENT. THESPORTSKING.COM MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED, OR TRANSFERRED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, DESIRES, OR NEEDS; AND (v) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THESPORTSKING.COM WILL BE CORRECTED.

Any material distributed, downloaded, or accessed from thesportsking.com is done at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your reliance upon any such material. thesportsking.com assumes no responsibility, and will not be liable for, any damages to, or any virus or any other disabling code that may infect your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using thesportsking.com, any of its material, or any other site which contains a link to thesportsking.com. No information or advice obtained from the Site, whether oral or written, shall create any warranty not expressly stated herein.

Limitation of Liability
IN NO EVENT WILL THESPORTSKING.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF THESPORTSKING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED, OBTAINED, OR TRANSFERRED OR SOUGHT TO BE PURCHASED, OBTAINED OR TRANSFERRED THROUGH OR FROM THESPORTSKING.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE PROVIDED BY THESPORTSKING.COM. THESPORTSKING.COM SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM UNDER THESE TERMS OF USE WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND THESPORTSKING.COM’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Global Availability and Applicable Laws
thesportsking.com may contain references to products, services, or programs that are not available in your country. Such references are not intended to announce such products, services, or programs in your country. thesportsking.com make no representation that access to thesportsking.com is permitted under the laws of your country, and access to thesportsking.com is prohibited anywhere such access would violate local law. You are responsible for compliance with all applicable laws governing your access to thesportsking.com.

Access
Our Site is usually available at all times, 24 hours a day, 7 days a week, but thesportsking.com reserves the right to make the Site unavailable from time to time for any reason, including scheduled and unscheduled maintenance. thesportsking.com is not liable for any damages arising from any interruption, suspension or termination of the Site, or from your inability to access the Site.

General Information
The terms and provisions of these Terms of Use are governed and construed solely in accordance with the laws of the State of Ohio. The sole jurisdiction and venue of any action related to these Terms of Use shall be the Ohio State Courts and the United States federal courts having within their jurisdiction the location of thesportsking.com’s principal place of business, and you and thesportsking.com agree to submit to personal and exclusive jurisdiction of these courts. Any failure by thesportsking.com to exercise or enforce any term, provision, or right established by these Terms of Use shall not constitute a waiver of such term, provision, or right. The terms and provisions set forth in these Terms of Use are the complete and exclusive Terms of Use between thesportsking.com and you and they supersede and cancel all previous agreements, communication, and other understandings pertaining to these Terms of Use, except any terms and conditions contained in the Privacy Policy or any other document specifically referenced herein. In the event that any term or provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, the term or provision shall be limited or interpreted in such a manner as to render the remaining terms and provisions valid and enforceable to the maximum extent allowed by law. These Terms of Use do not create an agency, joint venture, or employment relationship, and you do not have the right to bind thesportsking.com in any respect whatsoever. The terms and provisions of these Terms of Use may not be assigned, transferred, or sublicensed by you; however, thesportsking.com reserves the right to assign these Terms of Use in part or in whole to any third party. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and do not have any legal or contractual effect whatsoever.

Copyright 2000, 2001, 2002, 2003, 2004, 2005 Zodante Inc. (DBA thesportsking.com - America's Sports Website). All rights not expressly granted in these Terms of Service are reserved.