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IRTNetwork.com Terms & Conditions
Welcome to IRTNetwork.com, the official online network website of the International Racquetball Tour ("IRT"). The following terms of service ("TOS") apply to your use of the IRTNetwork.com website, including your use of or access to the Services and the Content (each as defined below) available through the Website. Please read the TOS carefully before using or accessing the Website, the Services or the Content. By using or accessing the Website, the Services or the Content, you expressly signify your agreement to the TOS. Your use of or access to the Website, the Services or the Content is also subject to all applicable laws and regulations. If you do not agree to any of the terms or conditions in the TOS, you should not use or access the Website, the Services or the Content. Your use of or access to IRTNetwork.com, the Services or the Content is also governed by the irt-tour.com Privacy Policy, and is hereby incorporated into the TOS. These TOS were last modified on September 8, 2009.
We hope you enjoy IRTNetwork.com!
1. TERMS OF SERVICE
IRT, Breakwater Productions, LLC, Breakwater RB, LLC and Breakwater Sports & Entertainment Group, Ltd. (Breakwater Productions, LLC, Breakwater RB, LLC and Breakwater Sports & Entertainment Group, Ltd. are collectively referred to as “Breakwater”) provide the Website, the Content and the Services to you subject to the TOS. IRT and Breakwater may amend the TOS from time to time without notice to you, but if it does so, it will post the amended TOS on the Websites. We encourage you to review the TOS from time to time for possible changes. Your continued use of or access to the Websites, the Services or the Content after any amendment of the TOS signifies your agreement to the amended TOS. In addition, when using or accessing any Services or any Content, you will be subject to any additional posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.
2. SERVICES AND CONTENT
IRT & Breakwater currently provide users with various features and services, including, video offerings, all of which may be updated, deleted or otherwise modified from time to time at the discretion of IRT & Breakwater. In addition, IRT and Breakwater also provide access to certain footage (video and audio), photographs, text, images, statistics, logos and other media and intellectual property related to or otherwise associated with International Racquetball Tour, (collectively, the "Content"). All features, services and Content on the Websites, are collectively referred to as the "Services". Unless stated otherwise, the Websites, the Services and the Content are subject to the TOS. You understand and agree that the Websites, the Services and the Content are provided "AS-IS" and that the IRT and Breakwater assume no responsibility in connection with your use of the Websites, the Services or the Content. The Websites, the Services and the Content are provided for your personal, non-commercial use, entertainment and enjoyment. Under the TOS, you may stream certain Content and Services available on the Websites to a single personal computing device for your personal use and entertainment. You may not use any of the Content or Services for commercial purposes. The Services may not be viewed in areas open to the public or in commercial establishments where multiple people can view it at the same time. Further, you may not copy, distribute, modify, republish, broadcast, retransmit or publicly display any of the Content or Services, create derivative works of them, charge admission for their viewing, or transmit or distribute running accounts of them, unless you have the prior and express written permission of IRT and Breakwater, which permission may be withheld and/or rescinded at any time once granted, in IRT and Breakwater’s sole discretion. The Content is provided for your reference only, and you should not rely upon it for any purpose. IRT and Breakwater is not responsible for the Content's accuracy and reliability. It is your responsibility to impose any viewing restrictions on other family members or guests, as you think appropriate. IRT and Breakwater is not responsible to you or anyone else based on the content of the Content or Services.
3. ACCESS TO SERVICES
a. In order to use the Websites or the Services or access the Content, you must obtain access to the World Wide Web and pay any access fees that are associated with the Pay Services as applicable. Local conditions, including the speed of your connection, may affect the performance at the site and your viewing experience. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. The Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection. Programming, pricing, terms and conditions of Services are subject to availability and change.
b. BACKGROUND INFORMATION
In order to use some of the Services, you may be required to register with IRT and Breakwater by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services which require registration, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or IRT and Breakwater have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, IRT and Breakwater have the right to suspend or terminate your password and refuse any and all current or future use of the Services.
c. Subscription activation for Pay Services, and subsequent ability to access Pay Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by IRT and Breakwater (e.g., your IP address). Scheduled events may be cancelled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber.
4. PRIVACY POLICY
All information collected about you during your registration for or use of the Websites or Services will be used in accordance with all applicable laws and with the IRTNetwork.com Privacy Policy (the terms of which are hereby incorporated into these TOS by reference). You agree to provide correct and accurate information concerning your age in connection with the registration for any Services, subject to all applicable laws. Some of the Services may not be available to children under age thirteen without the permission of a parent or guardian. You may view our privacy policy at http://www.irtnetwork.com/privacy5. USER PASSWORD AND SECURITY
You will receive a password upon completing the registration process for use of the specific Services that require registration. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You acknowledge and agree that IRT and Breakwater and their vendors have no responsibility or liability for any loss or damage arising from your failure to comply with this Section 5.
6. USER CONDUCT
You agree that in connection with your use of the Website, the Services and the Content you will not:
upload, post, email or otherwise transmit or link to any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, fraudulent, pornographic, profane, offensive, or racially, ethnically or that IRT and Breakwater judge to be otherwise objectionable, or that discloses personal or private matters concerning any person, restricts or inhibits any other person from using or enjoying any Website, or may expose IRT and Breakwater or users to any harm or liability of any type, in each case as determined by IRT and Breakwater;
intimidate or harass another through either affirmative or passive means (offenders risk suspension and/or banishment from the Websites, as each member is solely responsible for his or her interactions with other members);
post topics with the sole purpose of starting a dispute; visit forums to cheer against or demean an athlete; wish illness or injury on any member of the IRT or its affiliates, or on other Website members; or otherwise attempt to sow discord among IRT athletes;
harm or attempt to harm minors in any way;
impersonate any person or entity, including, but not limited to, a IRT official, a IRT professional, a current or former IRT athlete, or a Website forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
upload, post, email or otherwise transmit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
harvest or collect email addresses or other contact information of other users from the Services or the Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
upload, post, email or otherwise transmit any material that contains software viruses, worms, "Trojan Horses," or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Websites, the Services, the Content or servers or networks connected to the Websites, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites, the Services or the Content; or
intentionally or unintentionally violate, or encourage the violation of, any applicable local, state, national or international law.
IRT Breakwater reserve the right, but have no obligation, to become involved in any way with disputes between you and other Website members, and to resolve said disputes any way in which IRT Breakwater see fit.
When using any public forum offered via any Website, your profile and posts of any kind (e.g., blogs, photos, videos, comments) are public. Refrain from posting anything you wouldn't want the world to know (e.g., your phone number, address, IM screen names, or specific whereabouts), and keep in mind that anything you post can be viewed by anyone—parents, extended family, teachers, boss, etc.7. USER MESSAGES
a. With respect to any messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit, post or upload to the Websites and/or in connection with any of the Services (each, a "Message"), you are, by transmitting or uploading such Message, granting IRT and Breakwater, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose and in any form. This license is granted automatically and no payment of any kind will be due to you. At times, IRT and Breakwater may solicit Messages from users. Your provision of any such Messages in response to a solicitation by IRT and Breakwater shall be subject to a grant of a license to IRT and Breakwater as specified above.
b. IRT and Breakwater has the right, but not the obligation, in its sole discretion, to review, edit or delete any Message or user name for any reason in its sole discretion. IRT and Breakwater may also deny access to the Message features of the Websites for any reason in its sole discretion. It is the policy of IRT and Breakwater to fully cooperate with law enforcement authorities and court orders that request or require IRT and Breakwater to disclose personal information or the postings of anyone posting Messages to the Websites or any of the Services. Although IRT and Breakwater and its vendors may monitor and/or review Messages from time to time, IRT and Breakwater are under no obligation to do so and IRT and Breakwater do not assume any liability or responsibility with respect to any Messages, including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
c. You acknowledge and agree that the Messages and your user name are not confidential, and may be read, intercepted by others, and accessible on the World Wide Web. You further acknowledge and agree that neither submission of Messages to the Websites nor the TOS creates a confidential or fiduciary relationship between you and the IRT, Breakwater or the vendors, and that IRT and Breakwater and vendors may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Message violates the rights of third parties; or (d) protect the rights, property or personal safety of IRT and Breakwater, users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (i) transmissions over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
8. VOTING
IRT and Breakwater may offer you the opportunity to vote in connection with certain events. By casting your vote, you are agreeing to abide by the TOS and any and all voting guidelines posted on the applicable Website.
9. INDEMNITY
Notwithstanding any other term of this TOS or any act or failure to act by IRT, Breakwater or their vendors, you agree to indemnify, defend and hold harmless IRT, Breakwater and each of the respective officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns (collectively, " IRT and Breakwater ") from and against any claim or demand, including reasonable attorneys' fees, arising out of (i) Messages you post to, submit or transmit through the Websites or the Services (including any links to other World Wide Web sites or resources contained in such Messages), (ii) your use of the Websites or the Services, (iii) your participation in any activities arising from the Websites, (iv) your connection to the Websites or the Services, (v) your violation of or failure to perform your obligations under the TOS, or (vi) your violation of any rights of another.
10. MODIFICATIONS TO WEBSITES, INCLUDING THE SERVICES
IRT and Breakwater reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites or the Services (or any part thereof) with or without notice. You agree that the IRT and Breakwater Entities shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites or the Services; provided that the applicable IRT and Breakwater Party will provide a pro-rata refund for any Pay Services that are discontinued or otherwise cancelled prior to the conclusion of the term for which payment has been received.
11. TERMINATION
You agree that IRT, Breakwater and their vendors, in their sole discretion, may terminate your password or use of the Websites and/or the Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if IRT and Breakwater believe that you have violated or acted inconsistently with the letter or spirit of the TOS. IRT and Breakwater may also in the sole discretion and at any time discontinue providing the Websites or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that IRT and Breakwater and the vendors may immediately deactivate or delete your password and any and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services. Further, you agree that the IRT and Breakwater Entities shall not be liable to you or any third party for any termination of your access to the Services other than as expressly provided for in Section 11 or 22 in connection with early termination of a Pay Service.
12. IRTNetwork.com ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the IRT and Breakwater Entities shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Websites or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Websites or in connection with the Services shall be at your sole risk.
13. THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
The Websites and/or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources; other World Wide Web sites or resources may provide links to the Website. Because the IRT and Breakwater Entities have no control over such sites and resources, you acknowledge and agree that the IRT and Breakwater Entities are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the IRT and Breakwater Entities shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource, or the actions of the operators of any such site or resource.You further understand and acknowledge that in some cases, it may be necessary or desirable to use third party services, software, technology, data, and/or other content (collectively, "Third Party Materials") either independently or in connection with various programs, features or functions available through the Websites and/or the Services. Such Third Party Materials may be downloaded to and/or stored on your computer or otherwise employed in connection with the functions and features of the Websites and the Services and you may or may not be notified of the same. Your use of Third Party Services may be subject to terms of use other than these TOS and as may be set forth by third party providers, as applicable. Further, Third Party Materials may appear to be sourced either through a Website or through a third party website. In any event, you agree and acknowledge that the IRT and Breakwater Entities assume no liability with respect to your use of such Third Party Materials whether you are aware of their use or not and whether or not the use of such Third Party Materials are endorsed or recommended for use by the IRT and Breakwater Entities.
14. PROPRIETARY RIGHTS
You acknowledge and agree that: (i) IRT, the IRT logo, and other proprietary marks and associated images and logos are registered trademarks of the IRT; (ii) all IRT logos and marks and all other proprietary materials depicted on the Websites, the Services and the Content are the property of the IRT or are licensed to IRT and may not be reproduced without the prior written consent of IRT (or its designee); and (iii) the Content, including, without limitation, news articles, press releases, statistics, player biographies, photographs, images, illustrations, audio and video clips, is the property of, or is licensed by, IRT, Breakwater or the other IRT and Breakwater Entities. You further acknowledge and agree that (i) any necessary software used in connection with the Websites, the Services and the Content (the "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws and is either owned by or licensed to IRT and Breakwater; and (ii) content contained in sponsor advertisements or information presented to you through the Websites, the Services and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the IRT and Breakwater Entities or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use the Content, the Software or any derivative works based on the Websites, the Services, the Content or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by IRT and Breakwater for use in accessing the Services. Other than a limited right of personal use in connection with your personal, non-commercial use of the Websites, the Services and the Content, you will have no rights to the Software.15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITES, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITES, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE IRT AND BREAKWATER ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
b. THE IRT AND BREAKWATER ENTITIES MAKE NO WARRANTY THAT: (i) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE WEBSITES, THE SERVICES, THE CONTENT, OR THE THIRD PARTY MATERIALS WILL BE CORRECTED, AND (vi) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITES OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE IRT AND BREAKWATER ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE IRT AND BREAKWATER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITES, THE SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE POSTING OR TRANSMISSION BY THIRD PARTIES OF DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY THE IRT AND BREAKWATER ENTITIES, THEIR AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
17. 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 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE IRT AND BREAKWATER ENTITIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE TERMS ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE IRT AND BREAKWATER ENTITIES TO YOU EXCEED THE FEES PAID BY YOU (IF ANY) FOR THE SERVICE OR CONTENT GIVING RISE TO SUCH LIABILITY.
18. NOTICE
IRT and Breakwater may provide notices to you via email or postal mail. The IRT and Breakwater may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Websites or by posting an amended TOS on the Websites. You may provide notices regarding all Websites that are not IRT and Breakwater Websites to IRT and Breakwater by email to admin@irtnetwork.com.
19. LINKING TO THE WEBSITES AND EMBEDDING CONTENT
a. No link to any of the Websites may be "framed" to the extent such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the Websites must be to the applicable Website's home page. "Deep Linking" to internal pages of the Websites is expressly prohibited.
b. Certain Services may provide you with the ability to embed Content into other web pages. All use of embedded Content must be for non-commercial purposes only, and may be disabled by IRT and Breakwater at any time. Prohibited commercial uses include any of the following actions taken without the express approval of the IRT and Breakwater:
1. selling access to embedded Content on another website;
2. using embedded Content for the primary purpose of gaining advertising or subscription revenue;
3. creating a website that does nothing more than aggregate a collection of embedded Content and intentionally trying to generate ad revenue from them;
4. using embedded Content that the IRT and Breakwater find, in its sole discretion, to use IRT and Breakwater Party resources with the effect of competing with or displacing the market for Content.Prohibited commercial uses do not include using embedded Content to show IRT and Breakwater videos on an ad-enabled blog or website, provided the primary purpose of using the embedded Content is not to gain advertising revenue or compete with the Websites or the IRT and Breakwater Parties.
20. PAY SERVICES
a. Registration and Security
1. You must complete a registration form to subscribe to all applicable Pay Services and to open a related account. As part of the registration process, you must select a user name and password. You must also provide certain registration information, all of which must be accurate and complete. You will not (i) select or use the user name of another person with the intent to impersonate that person, (ii) use a user name in which another person has rights without such person’s authorization, (iii) use a user name that IRT and Breakwater, in the sole discretion, deem offensive, (iv) permit any third party to use or access your Pay Service accounts using your user name and password, or (v) assign, transfer or sublicense your right to use or access any Pay Services to a third party. Failure to comply with any of the foregoing shall constitute a breach of the TOS, which may result in the immediate termination of your Pay Service accounts. In such case, you may also be responsible for damages resulting from your breach of the TOS.
2. By registering for a Pay Service, you warrant that: (a) you are of age of majority in the jurisdiction in which you reside; (b) all information you submit is true and correct (including without limitation all credit card information); and (c) you are the card holder of the credit card.
3. You will promptly notify IRT and Breakwater at webmaster@irtnetwork.com of any known or suspected unauthorized use of your Pay Service accounts or any known or suspected breach of the security of your Pay Service accounts, including loss, theft or unauthorized disclosure of your password or credit card information. You will promptly change your password upon any loss, theft or unauthorized disclosure of your password.
4. You are responsible for maintaining the confidentiality of your password and for all usage or activity on your Pay Service accounts, including use of the Pay Services by any third party authorized by you to use your user name and password. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party’s use) of the Pay Services. In the event of any fraudulent, abusive or otherwise illegal activity on your Pay Services accounts, IRT and Breakwater may, in the sole discretion, terminate your Pay Service accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages resulting from any such fraudulent, abusive or otherwise illegal activity.
b. Fees and Payment
1. You agree to pay all subscription fees and other charges to your Pay Services accounts, including applicable taxes, in accordance with billing terms in effect at the time each fee or other charge becomes payable. Irtnetwork.com. Such billing terms are hereby incorporated into the TOS. The billing terms may be modified from time to time. The IRT and Breakwater Entities reserve the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Pay Services and to institute new subscription fees or other charges effective upon prior notice to you. You must provide the IRT and Breakwater Entities, and their billing partners, with valid credit card information. YOU (AND NOT IRT AND BREAKWATER Entities, ANY OTHER IRT AND BREAKWATER Entity OR THEIR BILLING PARTNERS) ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY YOU OR A THIRD PARTY, WHETHER OR NOT YOU AUTHORIZED SUCH BILLING. YOU ARE ALSO RESPONSIBLE FOR PAYING ANY AND ALL TAXES AND SIMILAR CHARGES RELATING TO YOUR PURCHASE OF THE PAY SERVICES.
2. In connection with some subscription options described in the billing terms, the IRT and Breakwater Entities or their billing partners will automatically renew your subscription and charge your Pay Services accounts with a new subscription fee on a periodic basis without further notice to you. In connection with any subscription option that provides for automatic renewal, the subscription fee for the renewal period shall be equal to the subscription fee for the preceding period unless the IRT and Breakwater Entities or their billing partner notifies you in advance of any change to the subscription fee.
c. Products and Services
1. IRT and Breakwater or its billing, service and fulfillment partners may provide you with certain products or services as a result of your subscription to IRTNetwork.com, or any other Service. THE PRODUCTS AND SERVICES PROVIDED TO YOU AS A RESULT OF YOUR SUBSCRIPTION TO IRTNETWORK.COM OR ANY OTHER SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IRT AND BREAKWATER, IRT AND BREAKWATER BILLING, SERVICE AND FULFILLMENT PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED TO YOU AS A RESULT OF YOUR SUBSCRIPTION TO IRTNETWORK.COM PAY SERVICES OR BASIC SERVICES.
d. IRTNetwork – Cancellation
1. Subject to applicable laws, if you are a subscriber to the full IRTNetwork.com, you may cancel your subscription to IRTNetwork.com within five (5) days of subscribing, and receive a refund of the subscription price; provided that if you sign up for IRTNetwork.com again after cancelling, IRT and Breakwater reserves the right to deny further cancellation requests. You may cancel your subscription by contacting IRTNetwork.com customer support. IRT and Breakwater may cancel your subscription to IRTNetwork.com at any time without notice for conduct that IRT and Breakwater believe, in their sole discretion, violates the TOS, including, without limitation, conduct that IRT and Breakwater believe is harmful to other subscribers, IRT and Breakwater business or other information providers.
21. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and the IRT and Breakwater and govern your use of the Websites, the Services and access to the Content, superseding any prior agreements between you and the IRT and Breakwater. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of the IRT and Breakwater to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
22. CHOICE OF FORUM AND GOVERNING LAW
SUBSCRIBERS FROM OUTSIDE THE UNITED STATES SHOULD PAY PARTICULAR ATTENTION TO THE FOLLOWING:
THE TOS AND THE RELATIONSHIP BETWEEN YOU AND IRT AND BREAKWATER ENTITIES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. REGARDLESS OF YOUR PLACE OF RESIDENCE OR THE LOCATION FROM WHICH YOU USE THE WEBSITE, THE SERVICES OR THE CONTENT, THIS TOS CONSTITUTES AN AGREEMENT MADE IN THE STATE OF CALIFONIA, USA. YOU AND IRT AND BREAKWATER AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE STATE OF CALIFORNIA.23. Automatic Charge for Monthly Subscribers
Monthly Pass subscription fees are automatically charged to the subscriber’s credit card on file on the first day of each month unless cancelled on or before the second to the last day of the previous month.
