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Terms of Service

Conditions of Use of Roller Dodgeball dot Org

1.  Definitions.

"ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG)" is an on-line service and Web Site operated by ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) on the World Wide Web of the Internet, consisting of information services and content provided by ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG), affiliates of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site or any web related services provided by ROLLER DODGEBALL DOT ORG.

2.  General.

(A) This Agreement, which incorporates by reference other provisions applicable to use of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG), including, but not limited to, supplemental terms and conditions set forth in paragraph 13 hereof ("Supplemental Terms") governing the use of certain specific material contained in ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG), sets forth the terms and conditions that apply to use of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) by Subscriber. By using ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.

(B) ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) shall have the right at any time to change or discontinue any aspect or feature of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.

ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment.

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) and all charges related thereto.

5. Subscriber Conduct.

(A) Subscriber shall use ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site for lawful purposes only. Subscriber shall not post or transmit through ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site any material which violates or infringes in any way upon the civil rights of others, public rights, or material which would be considered slanderous, libelous and without factual merit, or that which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG)'s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG)'s discretion restricts or inhibits any other Subscriber from using or enjoying ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site will not be permitted. Subscriber shall not use ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG).

(B) ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site are copyrighted as a collective work under the United States copyright laws. ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Subscriber shall not upload, post or otherwise make available on ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site, Subscriber automatically grants, or warrants that the owner of such material has expressly granted ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) the right to edit, copy, publish and distribute any material made available on ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site.

(D) The foregoing provisions of Section 5 are for the benefit of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG), its subsidiaries, web site designers, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability.

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) WEB SITE IS AT SUBSCRIBER'S SOLE RISK. NEITHER ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG), ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) WEB SITE.

(B) ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) IN NO EVENT WILL ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG), OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) WEB SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) WEB SITE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) WEB SITE.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG), NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, ACCURACY, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UN AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

7. Monitoring.

ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) shall have the right, but not the obligation, to monitor the content of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) and to satisfy any law, regulation or authorized government request. ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site. Without limiting the foregoing, ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) shall have the right to remove any material that ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG), in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.

Subscriber agrees to defend, indemnify and hold harmless ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG), its affiliates and their respective directors, officers, contractors, web designers, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site by Subscriber or Subscriber's Account.

9. Termination.

Either ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) shall have the right to immediately terminate Subscriber's Account or Access whether free or paid, in the event of any conduct by Subscriber which ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG), in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Trademarks.

ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG), AFFILIATES OF ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) and each of their logos are trademarks of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) and other respective trademark owners. All rights reserved. All other trademarks appearing on ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) are the property of their respective owners.

11. Third Party Content.

ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) is a distributor and publisher of content supplied by internal staff writers or third parties and Subscribers. Accordingly, ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site, are those of the respective author(s) or distributor(s) and not of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG). Neither ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG). ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site by anyone other than authorized ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) spokespersons while acting in their official capacities. Under no circumstances will ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) be liable for any loss or damage caused by a Subscriber's reliance on information obtained through ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site. Subscriber is encouraged to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Submissions to ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) shall be assumed to be free of copyright or prior ownership unless advised otherwise by the entity making such submission.  All submissions shall become the property of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) and are subject to public posting, including any pertinent URL or email address of the same, unless prior assertions of copyright are made, or a specific request for anonymity or privacy is made, in writing, to the web site management, that the submitted material is "OFF THE RECORD" or "NOT FOR PUBLIC POSTING", or that the submitting entity wishes to remain anonymous.

12. Miscellaneous.

This Agreement and any operating rules for ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Web Site established by ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

13. Privacy Statement

This privacy statement is applicable to ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG). ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) does not collect personally identifiable information about individuals except when such individuals specifically provide such information on a voluntary basis. For example, such personally identifiable information may be gathered from a contest or sweepstakes registration, the registration process for subscription sites or services and in connection with content submissions, community postings (e.g., chat and bulletin boards), suggestions, voting/polling activities and transactional areas. Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. At such points of collection, the user will have the opportunity to indicate whether he or she would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) and/or any third parties. Further, notwithstanding any opt out of promotional information by the user, ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) reserves the right to contact a subscriber regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.

ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) reserves the right to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the site and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners. ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) will provide only aggregated data from these analyses to third parties. Also, users should be aware that ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) may sometimes permit third parties to offer subscription and/or registration-based services through a ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) site. ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) is not responsible for any actions or policies of such third parties and users should check the applicable privacy policy of such party when providing personally identifiable information.

Additionally, users should be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address) on the bulletin boards or in the chat areas of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) sites, that information, along with any substantive information disclosed in the user's communication, can be collected and correlated and used by third parties and may result in unsolicited messages from other posters or third parties. Such activities are beyond the control of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG).

Users also should be aware that non-personal information and data may be automatically collected through the standard operation of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG)'s internet servers or through the use of "cookies." "Cookies" are small text files a web site can use to recognize repeat users, facilitate the user's ongoing access to and use of the site and allow a site to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto a user's system and damage files. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. Users should be aware that ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) cannot control the use of cookies or the resulting information by advertisers or third parties hosting data for ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG). If a user does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature; however, users should note that cookies may be necessary to provide the user with certain features (e.g., customized delivery of information) available on ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) Site.

Upon request, ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) will allow any user to "opt out" of further promotional contacts at any time. Additionally upon request, ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) will use reasonable efforts to allow users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. Also, upon a user's request, ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) will use commercially reasonable efforts to functionally delete the user and his or her personal information from its database; however, it may be impossible to delete a user's entry without some residual information because of backups and records of deletions, especially information that has propagated outside of the control of ROLLER DODGEBALL DOT ORG (ROLLERDODGEBALL.ORG) or its servers.