Privacy Policy - Farrell Sports

Your Acceptance

By visiting this website (collectively, including all Farrell Content (defined below under "Trademarks; Ownership") available through the Farrell domain name, the "Farrell Website," or "Website"; the terms "Farrell Website" and the "Website" also refer to those portions of the Website that are co-branded or co-labeled with a third party name or brand) provided by Farrell, Inc. ("Farrell", "we" or "us"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms and Conditions") AND THE TERMS AND CONDITIONS OF FARRELL'S PRIVACY POLICY WHICH ARE PUBLISHED AT http://www.farrellsports.com/[link], AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. These Terms and Conditions govern your use of the Website. These Terms and Conditions apply to all users of the Farrell Website, including users who are also contributors of video content, information, and other materials or services on the Website. Farrell reserves the right to modify these Terms of Use at any time. You agree to review the these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the "Effective Date" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this Website.

Your Conduct and Responsibilities

You hereby agree to the following with regard to your use of the Website:

You shall provide accurate, true and current information as prompted during the registration process and shall maintain and update such information to keep it accurate, true and current at all times.
You shall be solely responsible for all activity associated with your account, including, without limitation any posted data, text, links, video clips, photos, other media content and comments regardless of whether or not you are the person posting such content or comments (collectively, the "User Content").
You represent and warrant that all User Content that you post to the Website shall be your wholly original material (except for material that you are using with the permission of its owner), and will not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
You shall be solely responsible for keeping a duplicate copy of all User Content that you post to the Website and we do not accept any responsibility or liability for the loss of your User Content.
You shall not share your password with any other person or post it on this or any other website. "Partner" shall mean any person, entity or organization with whom Farrell enters into any kind of business transaction. Neither Farrell nor any of its Partners is responsible or liable for any unauthorized use of your account.
You shall not use the Farrell Website for any illegal or unauthorized purpose.
You shall not attempt to hack, destabilize or adapt the Farrell Website or its source code, or alter another website so as to falsely imply that it is affiliated with Farrell.
You shall not transmit worms, viruses or any code of a destructive nature to Farrell or its users.
You shall not, without our prior express written permission, use any high volume automated means (including but not limited to robots, spiders and scripts) to access the Website.
Your account shall be terminated if it is used for hosting graphic elements of web page designs, icons, buddy icons, forum avatars, badges and other elements outside of the Farrell Website.
We may make third party software and/or services (such as upload software and tape transfers) available to you in conjunction with the use of Farrell Website. You are responsible for ensuring that you are in possession of any and all necessary licenses or other documentation for the products provided by any third party and that you understand and comply with the terms and conditions of such licenses.
Any comments, suggestions, or feedback relating to the Website, (collectively "Feedback") submitted to Farrell shall become the property of Farrell or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Website or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Website or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You shall not abuse, harass, threaten, harm or impersonate other Farrell users or employees of Farrell or any of its Partners, at any time or for any reason.
You shall not post User Content deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any content that encourages conduct that would be considered a criminal offense or bring forth civil liability.
You shall not broadcast or send any form of advertising, mass communication or solicitation to any Farrell users.
You understand that when using the Farrell Website you will be exposed to User Content provided by other users and you agree that neither Farrell nor any of its Partners is responsible for the accuracy, safety, appropriateness or intellectual property rights of or related to such content. If you believe that another user has violated the Terms and Conditions or has engaged in unlawful behavior on the Farrell Website, please let us know.

Product Orders

All orders placed through the website are subject to Farrell's acceptance, which is in its sole discretion. Without limitation, this means that Farrell may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, Farrell shall issue a credit to your credit card account.

User Content

Grant of Rights

You hereby grant to Farrell a non-exclusive, royalty-free, perpetual, world-wide, irrevocable, transferable license with the right to grant sublicenses through multiple tiers of sublicensees (including, without limitation, licensing your User Content to our Partners) to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. Farrell and its Partners reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. For more information on User Content, please review our Privacy Policy.

You are responsible for your own User Content on the Farrell Website and the consequences of posting or publishing it. By uploading User Content to the Farrell Website, you hereby represent and warrant that:

You own all right, title and interest (including all intellectual property rights) in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant the rights in your User Content described herein;
You have already paid, and you will be solely responsible for paying (to the extent any later become due) all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Website.
You are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of eighteen (18)) who appear and/or are heard in your User Content to grant the rights described herein;
You shall make such permissions available to Farrell and its Partners upon request;
Your User Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party;
You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of Farrell; and

You grant the rights hereunder whether or not your User Content is used by Farrell, any other Farrell users or Farrell's Partners. You acknowledge that your consideration for the rights you grant under these Terms and Conditions in and to your User Content is, among other things, the tools and functionality provided for your use on the Website and the possibility of Farrell or its Partners (or any of them individually) review or use of your User Content. You will not receive any further compensation of any kind for your User Content and you will not receive credit on or in association with the User Content. Your User Content will not be acknowledged, returned or held "in confidence" by Farrell or its Partners. Farrell and its Partners reserve the right in their respective sole discretion to remove or not post any User Content, for any reason. User Content will not be returned, and Farrell and its Partners have no obligation to inform you of any decision to remove or not post such materials.

Farrell User Rights

Farrell grants you a non-exclusive, non-transferable, world-wide, royalty-free, revocable license to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse any Public User Content of other users of Farrell (or any portions or derivative works thereof) solely for non-commercial purposes, solely for use on and in connection with the Farrell Website and the websites of any or all of its Partners in accordance with these Terms and Conditions and solely to the extent of the license granted by the user to Farrell under these Terms and Conditions regarding such user's Public User Content ("Farrell User Rights"). We may and will make efforts to, but have no obligation to, remove User Content and accounts containing User Content that we determine in our sole discretion to be unlawful, offensive, abusive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or other rights, or these Terms and Conditions. While Farrell prohibits offensive and unlawful conduct and content on its Website, you understand and agree that neither Farrell nor its Partners is responsible or liable for the User Content posted on the Website. You may be exposed to such materials and agree to use the Farrell Website at your own risk.

You understand that User Content is made available to Farrell users on an AS-IS, AS-AVAILABLE basis. Neither Farrell nor its Partners guarantees that the availability of User Content for use, editing, viewing or downloading will be uninterrupted, bug free or available at all times. Farrell reserves the right to discontinue any aspect of the Farrell Website at any time, including discontinuing any linked or embedded User Content either generally or in specific cases.

Copyright

Farrell and its Partners respect the intellectual property of others, and we ask you and all of our users to do the same. Farrell may remove content from the Website that violates these policies and/or disable and/or terminate the accounts of users who may violate our policies. If you believe that your User Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Farrell's Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and email address;
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; and
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.

Send this information to:

By mail:

By email:

Trademarks; Ownership

The content on the Farrell Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Farrell Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Farrell, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Farrell Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Farrell reserves all rights not expressly granted in and to the Website and the Farrell Content. You agree to not engage in the use, copying, or distribution of any of the Farrell Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Farrell Content for personal use, you must retain all copyright and other proprietary notices contained therein.

Third Party Website

The Farrell Website may contain links to third party websites that are not owned or controlled by Farrell. Farrell has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Farrell will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve Farrell from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Farrell Website and to read the terms and conditions and privacy policy of each other website that you visit.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE FARRELL WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FARRELL, ITS PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT OR SYSTEMS INTEGRATION. NEITHER FARRELL NOR ANY OF ITS PARTNERS MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE FARRELL WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 FARRELL WEBSITE. NEITHER FARRELL NOR ANY OF ITS PARTNERS WARRANTS, ENDORSES, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FARRELL WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FARRELL AND ITS PARTNERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LImitation of Liability

IN NO EVENT SHALL FARRELL, ITS PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FARRELL WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER FARRELL NOR ANY OF ITS PARTNERS SHALL BE LIABLE FOR USER CONTENT OR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Farrell from its facilities in the United States of America. Farrell makes no representations that the Farrell Website is appropriate or available for use in other locations. Those who access or use the Farrell Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Release and Indemnity

Without limiting the above, you hereby release, discharge and hold harmless Farrell and its Partners and each of their respective employees, officers, directors and suppliers (collectively, "Releasees") from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of, your User Content, including without limitation any exploitation of your User Content, on any legal theory whatsoever (including, but not limited to, copyright infringement, personal injury, rights of privacy and publicity, idea misappropriation, false light, or defamation).

You agree to defend, indemnify and hold harmless Farrell and its Partners, and each of their officers, directors, employees, and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or in any way relating to: (i) your (or anyone using your account's) use of and access to the Farrell Website; (ii) your (or anyone using your account's) violation of any term of these Terms and Conditions; (iii) your (or anyone using your account's) violation of any third party right, including without limitation any intellectual property, copyright, property, personal injury or privacy right; or (iv) any claim that (or anyone using your account's) User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Farrell Website.

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 and disclaimers may not apply to you. To the extent that Farrell or its Partners may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of Farrell and its Partners shall be the minimum permitted under such applicable law.

Age/Ability to Accept Terms and ConditionsM

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the Farrell Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Farrell Website--Talk to your parents about what sites are appropriate for you.

Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Farrell without restriction.

Privacy

The terms regulating the handling of personal information and other information by you in connection with the website is described in our Privacy Policy and are expressly incorporated into these Terms and Conditions.

General

You agree that: (i) the Farrell Website shall be deemed solely based in the State of Massachusetts, USA; and (ii) the Farrell Website shall be deemed a passive website that does not give rise to personal jurisdiction over Farrell, either specific or general, in jurisdictions other than. These Terms and Conditions shall be governed by the internal substantive laws of the State of [State], without respect to its conflict of laws principles. Any claim or dispute between you and Farrell or any of its Partners, (and their respective officers, directors, employees and suppliers) shall be decided exclusively by a court of competent jurisdiction located in Massachusetts. These Terms and Conditions, together with the Privacy Policy at http://www.FarrellSports.com and any other legal notices published by Farrell on the Website, shall constitute the entire agreement between you and Farrell concerning the Farrell Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Farrell's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Farrell reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Farrell Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND FARRELL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FARRELL WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Effective Date: February 15th, 2007