Your Morning Shot of Sports

Terms & Conditions

These are the Terms and Conditions ("Terms and Conditions") for the use of DailyTailgate.com website, e-mails and content ("Website" or "Daily Tailgate"), a wholly owned brand of All Sport Ventures, Inc. These Terms and Conditions apply to all uses of the Website which you may access in any way, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms and Conditions apply whenever you access the Website, regardless of how you access the Website. Use of this Website constitutes your agreement to abide by these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, please exit the Website immediately.

Daily Tailgate reserves the right, in its sole discretion, to change and modify these Terms and Conditions in whole or in part at any time, and your continued use of this Website after such changes are posted shall be deemed acceptance by you of such changes.

Except as otherwise indicated, the Website and its communication service are owned by Daily Tailgate ("Daily Tailgate") and are protected by domestic and international copyright, trademark and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights associated with any information or content presented on this Website

Use of this Website

By using this Website, you agree to use it only for lawful purposes, and in a manner that does not infringe on or restrict the rights of any third party or interfere with his/her enjoyment of this Website in any way. You further agree not to engage in any unlawful conduct, or in any conduct which may harass or cause distress or inconvenience to any person. You also agree not to transmit any obscene or offensive content to any person through the use of this Website or disrupt the normal flow of information within this Website in any way.

Daily Tailgate is circulated principally by "opt-in" subscription, which means we obtain permission from the initial subscriber to send Daily Tailgate. If you regularly receive Daily Tailgate, it is because you or someone you know subscribed to Daily Tailgate. If you feel that you have received Daily Tailgate in error and wish to discontinue receipt of future e-mails, simply click on Unsubscribe [link to unsub page] and follow the directions.

By using this Website, you understand that Daily Tailgate may change or delete any aspect of the Website at any time. Daily Tailgate may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

Without limitation of the foregoing, you agree to the following additional terms:

  1. You will provide true, accurate, current and complete information about yourself. If you fail to provide the above, Daily Tailgate may end your subscription;
  2. You will not transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  3. You will not make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
  4. You will not subscribe another party without his/her authorization or register multiple subscriptions under the same or different names;
  5. You will comply with all policies and procedures of any networks connected to this Website;
  6. You will not disturb the Website or servers or networks connected to the Website;
  7. You will not intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not gather information about the users of this Website or use such information for any purpose inconsistent with the intention of this Website. You agree not to transmit or aid someone in transmitting any unsolicited bulk e-mail or communications to the users of this Website.

You acknowledge and agree that Daily Tailgate may preserve and disclose any information or content submitted to it if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to protect or defend its legal rights or the safety of the Website or its subscribers.

The views expressed on the Website do not necessarily reflect the views of Daily Tailgate, and Daily Tailgate does not support or endorse the information or content presented on its Website. Your reliance on any of the information contained on this Website is done at your own discretion and risk. In addition, Daily Tailgate may delete any part of the substance of this Website at any time at its discretion.

Advertising

Daily Tailgate reserves the right to accept paid advertising and present such advertising on the Website. However, Daily Tailgate does not and cannot represent or endorse the accuracy or reliability of any advertisement or the quality of any product, information or other material displayed. Daily Tailgate encourages you to do your own due diligence with regard to any of the information or advertising presented on this Website.

Intellectual Property

All intellectual property in relation to information or content on this Website belongs to Daily Tailgate or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property by using or viewing this website.

This Website and its contents are protected under the copyright laws of the United States and other countries.

Parental Permission

This Website is not intended to be a children's or teen's site. If you are under the age of 18, please discontinue use of this Website.

Limited License

Subject to these Terms and Conditions, Daily Tailgate grants to you a non-exclusive, non-transferable, limited right to access, use and display this Website and its information and content. However, by using the Website you agree not to interrupt or attempt to interrupt the operation of the Website.

Daily Tailgate authorizes you to view its Website and download reasonable portions of its content only for your personal, non-commercial use. All intellectual property notices contained in this Website must be retained on any downloads or copies. You may not employ the content of this Website for any public or commercial use.

Disclaimers

The functionality, information, and other content contained in this website is provided "as is." It is intended solely for entertainment purposes and in sometimes provided by third parties. Daily Tailgate makes no representation, express or implied, of any kind with regard to this Website or its contents. This includes, but is not limited to, warranties of merchantability or fitness for any particular purpose, noninfringement of any third party intellectual property rights, and warranties regarding the use, accuracy, appropriateness, completeness, performance, or reliability of this Website. You should make your own determination with regard to the information or content contained in this Website including any products or services mentioned or described within it.

You acknowledge that if you rely on any opinion, advice, or information contained in this Website, you do so at your own risk. Daily Tailgate may make any changes to the Website and its contents at any time without notice. In no event is Daily Tailgate responsible for any damages or losses whatsoever in connection with anyone's reliance on any information contained or not contained in this Website, or for any damages stemming from the functionality of this Website.

To the extent that the applicable law in your jurisdiction may not allow the exclusion of implied warranties, the above exclusions may not apply to you.

Third Party Links

Any third party link on this Website is provided solely as a convenience. Third party sites are not covered by Daily Tailgate's Privacy Statement, and Daily Tailgate makes no warranty or representation regarding the linked sites or the content contained within them. In no way is Daily Tailgate responsible for any information presented on third party sites or for the privacy practices of those sites.

Daily Tailgate is not liable, directly or indirectly, to anyone for any losses or damages arising from the use of third party websites accessed through this Website. Daily Tailgate may make changes to or add or remove any third party links at any time without notice.

In order to link to this Website in any way, you must seek and receive permission from Daily Tailgate. Any such request must be made to Daily Tailgate in writing. If permission is granted, Daily Tailgate reserves the right to rescind that permission at any time, and to require removal of any such link to the Website, at our discretion at any time.

Information Provided By You

Daily Tailgate does not want to receive through this Website any copyrighted, confidential or proprietary information of yourself or any third party. You agree that any information (including without limitation any ideas, concepts, technologies or know-how) that you send to us via this Website will not contain any copyrighted, confidential or proprietary information of yourself or any third party. You also agree that Daily Tailgate shall be free to use whatever information it does receive as it sees fit, except that personal data shall be governed by Daily Tailgate's Privacy Policy [link to privacy policy]. By sending Daily Tailgate any information, you agree to transfer ownership, without further compensation, including any copyright therein.

If you believe that your work has been copied in a way that constitutes copyright infringement, please Contact Us [link to contact page] immediately.

Indemnity

You agree to indemnify and hold Daily Tailgate harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Daily Tailgate by any third party arising out of your use of this Website and/or any information or content contained therein, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable legal costs and expenses) incurred by Daily Tailgate as a result of your breach of these Terms and Conditions.

Limitations of Damages

IN NO EVENT SHALL DAILY TAILGATE BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND FUNCTIONS OF THIS WEBSITE OR ANY THIRD PARTY WEBSITE, EVEN IF DAILY TAILGATE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction and Choice of Law

This Website is administered and operated by Daily Tailgate from its offices within the United States and Daily Tailgate makes no representation that the information contained in this Website is available or appropriate for use at locations outside the United States. It is your responsibility to comply with all local, state, national and international laws in using this Website.

You agree that any claims or disputes arising with regard to this Website shall reside in the exclusive jurisdiction of the courts of the State of Delaware. By using this Website, you consent to be subject to the personal jurisdiction of the courts of the State of Delaware in connection with any claims or disputes involving this Website or Daily Tailgate or any of its affiliates, employees, officers, directors, or providers.

Assignment

None of your rights or obligations under this Agreement may be transferred, assigned, sublicensed or pledged in any manner whatsoever by you or anyone else. However, Daily Tailgate may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever. Such transfer, assignment or pledge may be made by Daily Tailgate without notifying you or receiving your consent.

If you have any questions about this policy or our site in general, please Contact us.

Effective Date: 8/16/2009