Last Updated July 10, 2019
Intellectual Property; License
We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing mash-ups (i.e. combinations of Content). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. You are expressly prohibited from using language such as “as seen on” or any other language that implies an endorsement by KC Cubs or talent appearing therein when redistributing Content.
You must obtain our written permission for commercial use of the Content or the Web Site. If you wish to license Content from the Web Site, please contact us.
Copyright & Notification of Copyright Infringement
The copyright in all materials provided on the Web Site is owned by KC Cubs or its affiliate(s). Except as stated herein, none of the material contained in the Web Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of KC Cubs. Permission is hereby granted to view, copy, print and download the materials on the Web Site for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. KC Cubs may revoke any of the foregoing rights at any time. You may not, without KC Cubs’s prior written consent, “mirror” any material contained on the Web Site on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Web Site. Any unauthorized use of any material contained on the Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
User Account and Content Submissions
If you create an account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer cell phone or other internet access device, as applicable, so that others may not access any password protected portion of the Web Site using your name, user name or password in whole or in part. You accept responsibility for all activities, charges, and damages that occur under your account by other members of your household. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
If you owned User Content before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete User Content from the Web Site:
The User Content may still exist in our backup copies, which are not publicly available. If your User Content was shared with third parties, those third parties may have retained copies of your User Content, and neither we nor our affiliates have any responsibility for any uses of your User Content that they might make.
We retain the license specified above.
We do not guarantee that User Content will be private, even if the User Content is in a password-protected area. Accordingly, you should not provide User Content that you want protected from others. You bear all responsibility for your User Content. You represent and warrant that you have all rights necessary to grant to KC Cubs the license above.
Third Party Content
YOU AGREE THAT KC CUBS AND ITS PARTIES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Reference on the Web Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by KC Cubs or the KC Cubs Parties.
Limitations of Use
Access the Web Site using any interface other than ours;
Maintain any link to the Web Site that we ask you to remove, in our sole discretion;
Frame the Web Site or Content, make the Web Site or Content available via in-line links, otherwise display the Web Site or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the KC Cub or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our services or Web Site;
Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
Transmit files that contain viruses, Trojan horses, spyware, adware, or other harmful, disruptive or destructive files;
Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
Remove, modify, disable, block or otherwise impair any advertising in connection with the Web Site;
Interfere with others using the Web Site or otherwise disrupt the Web Site;
Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Web Site;
Transmit, collect, or access personally identifiable information about other persons without the consent of those persons and KC Cub; engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Web Site;
Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Web Site or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content;
Access any portion of the Web Site that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials; or
Use the Web Site for any other unlawful purpose.
You further agree to only submit content to the Web Site that is in compliance with all applicable laws, rules and regulations and is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain.
Monitoring and Management of Content of Web Site
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
Change or discontinue the Web Site;
Change how we offer and operate the Web Site
Remove Content from the Web Site;
Restrict, suspend or terminate your access to the Web Site or any feature thereof; and
Deactivate your account(s) and delete all related information and files in your account(s).
Disclaimers and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE (IN WHATEVER FORM OR MEDIA); (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. KC CUB DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THERE WILL NOT BE ANY FAILURES, INTERRUPTIONS, OR DELAYS IN THE DELIVERY OF ANY CONTENT CONTAINED IN THE WEB SITE. KC CUB’S PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE WEB SITE, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOUR ACCESS TO AND USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT) IS AT YOUR RISK. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE.
THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION OR FOR ANY CONDUCT BY USERS OF THE WEB SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT), YOUR USE OF THE WEB SITE (INCLUDING ITS FUNCTIONS AND CONTENT); THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY KC CUBS REGARDING YOUR USE OF THE WEB SITE OR CONTENT; THESE TERMS OR YOUR USER CONTENT; OR ANY ERRORS OR OMISSIONS IN THE WEB SITE EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE COMPANY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE COMPANY PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED FIFTY U.S. DOLLARS ($50 US).
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE COMPANY PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE WEB SITE OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, PODCAST, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY KC CUB WEB SITE, PROPERTY, PRODUCT, PROGRAM, PODCAST, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT.
BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY. SECTION 1542 PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”