TERMS OF USE

Effective Date: August 6, 2023

WELCOME TO THE HALL OF FAME ONLINE TERMS OF USE

TABLE OF CONTENTS

• AGREEMENT TO TERMS
• INTELLECTUAL PROPERTY RIGHTS
• USER GENERATED CONTENT
• SUBMISSIONS
• USER REPRESENTATIONS
• USER REGISTRATION
• ACCESSING THE SERVICE
• SOFTWARE
• PROHIBITED ACTIVITIES
• THIRD-PARTY INTERACTIONS
• FEES AND PAYMENT
• EXCESS STORAGE FEES
• FREE TRIAL
• CANCELLATION
• SERVICE MANAGEMENT
• MODIFICATIONS AND INTERRUPTIONS
• CORRECTIONS
• PRIVACY NOTICE
• TERM AND TERMINATION
• GOVERNING LAW
• DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
• DISPUTE RESOLUTION
• DISCLAIMERS
• LIMITATIONS OF LIABILITY
• INDEMNIFICATION
• ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
• MISCELLANEOUS
• CONTACT US

AGREEMENT TO TERMS ↑

You must agree to the Terms of Use in order to use the Service (defined below).

These Terms of Use (“Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”) and Westchester Media Works, LLC (“Company”, “we”, “us”, or “our”), concerning your access to and use of the Hall of Fame Online website at halloffame.online (the “Website”), any Hall of Fame Online software or applications owned by Westchester Media Works, LLC (collectively, the “Application”), and/or any of the services and content available on or through the Website or Application (together with the Website and the Application, the “Service”). You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU MAY NOT ACCEPT THIS AGREEMENT NOR MAY YOU USE THE SERVICE.

Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you about any changes by updating the “Effective Date” of these Terms of Use, and you waive any right to receive specific notice of each such change. Please check the applicable Terms regularly so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Service after the date such revised Terms of Use are posted.

INTELLECTUAL PROPERTY RIGHTS ↑

The Service is our proprietary property. It is covered by various intellectual property rights, and the Company Content and Marks (both defined below) are only allowed to be used with the Service.

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, applications, guides, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Company Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Company Content and the Marks are provided on the Service “AS IS” and “AS AVAILABLE”. Except as expressly provided in these Terms of Use, no part of the Service and no Company Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Service, you are granted a limited license to access and display any portion of the Company Content to which you have properly gained access, solely for use with the Service and in accordance with these Terms of Use. We reserve all rights not expressly granted to you in and to the Service, the Company Content and the Marks.

User Generated Content ↑

You retain full ownership of and responsibility for all of your Content (defined below), but you give us and our service providers the right to modify, use, or delete it for the limited purposes of allowing us to protect, improve and provide the Service. For example, when you save Content on the Service it may be modified so it is displayed properly or can be safely saved to a database.

Content

As a user of the Service you have the opportunity to create, submit, post, display, transmit, perform, publish, or distribute content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material (collectively, “Content”). Content may be viewable by the public. As such, any Content you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Content, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and the Service to use your Content in any manner contemplated by the Service and these Terms of Use.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Content in any manner contemplated by the Service and these Terms of Use.
• Your Content is not false, inaccurate, or misleading.
• Your Content is not unsolicited or unauthorized advertising or promotional materials.
• Your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Content is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Content does not violate any applicable law, regulation, or rule.
• Your Content does not violate the privacy or publicity rights of any third party.
• Your Content does not violate any applicable law intended to protect the health or well-being of minors.
• Your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Service in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Service.

Ownership of Content

We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. We are not liable for any statements or representations in your Content provided by you in any area on the Service. You are solely responsible for your Content and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content.

Content License

By posting your Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to us (including our third party hosting and data backup provider(s) acting on our behalf) an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, sublicensable, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), distribute, prepare derivative works of, or incorporate into other works, such Content for the limited purposes of allowing us to protect, improve and provide the Service.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Content, and you warrant that moral rights have not otherwise been asserted in your Content.

Modification of Content

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Content; and (2) to pre-screen or delete any Content at any time and for any reason, without notice. We have no obligation to monitor your Content.

Retention and Deletion of Content

We may establish policies and time periods respecting the retention and deletion of Content, and may delete Content in accordance with such policies. The policies will be supplied to a you on request or may be posted on the Website. You agree and acknowledge that we have no obligation to retain any backup of Content otherwise.

SUBMISSIONS ↑

We welcome your ideas and other Submissions (defined below), but you should understand that when you provide them to us they become our sole property.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

USER REPRESENTATIONS ↑

By registering for the Service, you represent that you are, legally, who you say you are, and that you meet the criteria to register for the Service.

By registering for the Service, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Service through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Service for any illegal or unauthorized purpose; and (7) your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account (defined below) and refuse any and all current or future use of the Service (or any portion thereof).

USER REGISTRATION ↑

You are responsible for all use of your Account (defined below), and for ensuring you and your users (defined below) abide by the Terms of Use.

Accounts

When you register you will be allocated an account and portions of the Service and Company Content will be provided through that account (“Account”). You may designate up to a maximum of nine (9) additional users (“your users”) with restricted access to your Account and to the Service and Company Content. You will be responsible for all use of your Account. You will manage the username, password, and access level of each of your users. You will (1) be responsible for compliance with these Terms of Use by you and all your users, (2) be responsible for the accuracy, quality and legality of all Content provided by you and your users and the means by which all Content  is acquired, (3) use commercially reasonable efforts to prevent unauthorized access to or use of your Account or the Service and Content, and notify us promptly of any such unauthorized access or use.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Subscription

Subscription for, or use of, the Service by you or your users, is your agreement to have you and your users abide by these Terms of Use, including all terms and conditions published on the Website, including but not limited to the Privacy Notice, Cookie Notice, and Return Policy.

Support

We will provide technical support to registered users via e-mail at support@halloffame.online. Registered users may also request support via the Support link in their Account.

User Access and Security

You are responsible for all activity occurring under your Account and for keeping all Account usernames and passwords secure.

User Identification and Access

You and each of your users will be assigned a unique username and password required to access your Account and to access, retrieve and manipulate Content. You will be responsible for the security of such username(s) and password(s). We may grant access to your Account and information concerning your Account to any person providing the username and password or providing such other identification as we, in our sole determination, consider acceptable, without obligation to make any further enquiry as to the identity or authority of such person.

Account Activity

You are responsible for all activity occurring under your Account and shall ensure that you and your users abide by these Terms of Use and all applicable laws and regulations in connection with the use of the Service. You agree not to impersonate another user or provide false identity information to gain access to or use the Service.

If you are aware of or suspect any unauthorized use of any identity information or account or any other known or suspected breach of security please notify us immediately.

Accessing the Service ↑

You are responsible for the cost of all hardware and software needed to access and use the Service, and for keeping them secure and free from viruses.

Equipment and Internet Access

You are responsible, at your own expense, for arranging online remote access to the Internet and the world-wide web, either directly or through devices that access web based content, and paying any associated service fees, and for the acquisition, installation and operation of all necessary hardware, software and communications configurations required for the proper utilization of the Service as a user, including a modem, router, and/or other access device, a computer or mobile device, an Internet browser, all of which meet or exceed the minimum technical requirements specified by us from time to time.

Security of User System

To avoid dissemination of computer viruses, worms and similar foreign data or programs (viruses), you agree to acquire or establish and maintain industry standard security software and internal programs. We may provide assistance to you without any responsibility and liability, and notwithstanding such assistance, you shall be responsible for keeping your systems secure and free from viruses.

SOFTWARE ↑

You can use our desktop software on up to five computers (kiosks) simultaneously.

We include desktop software for use in connection with the Service. If such software (“Software”) is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the Software. If the Software is not accompanied by a EULA, then we grant to you a non-exclusive, non-transferable, and revocable license to use the Software on up to five (5) computers simultaneously and solely in connection with the Service and in accordance with these Terms of Use. As used herein, the term “Computer” means a single personal computer connected to the internet, such as a kiosk computer.

If you use or intend to use the Software on more than five (5) Computers simultaneously, you agree to purchase an add-on license for each additional Computer.

PROHIBITED ACTIVITIES ↑

By using the Service, you agree not to misuse the Service or help others to misuse the Service.

By using the Service, you agree not to misuse the Service or help others to misuse the Service. You may not access or use the Service for any purpose other than that for which we make the Service available.

As a user of the Service, you agree not to:

• submit any false or misleading information.
• impersonate (or attempt to impersonate) another user or person.
• attempt to access or use the account or any data of other users, or any other Company systems, programs, or data that are not made available for your use.
• circumvent, disable, or otherwise interfere with any security-related features of the Service, including features that enforce limitations on the use of the Service and/or the Company Content contained therein.
• interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
• attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
• upload or transmit (or attempt to upload or to transmit) any virus, logic bomb, trojan, worm, or any other type of malicious code.
• violate or infringe upon our intellectual property rights or the intellectual property rights of others.
• copy or adapt the Service’s software, including but not limited to .NET application code, HTML, CSS, JavaScript, PHP or other code.
• decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
• modify or make derivative works based upon the Service or the Company Content.
• directly, or indirectly, develop or improve a competing or similar product or service.
• delete the copyright or other proprietary rights notice from any Company Content.
• use the Service in a manner inconsistent with any applicable laws, statutes, and regulations.
• use the Service to solicit others to perform or participate in any unlawful acts.
• engage in unauthorized framing of or linking to the Service.
• harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
• license, sub-license, sell, resell, transfer, assign, distribute, rent, lease or otherwise commercially exploit or make available to any third party the Service or Company Content in any way.
• use a buying agent or purchasing agent to make purchases on the Service.
• use unauthorized payment devices, such as unauthorized checks, credit cards, or debit cards on the Service.

If we determine, at our discretion, that you or your users have misused the Service, we reserve the right to remove any Content or deactivate or terminate your Account at any time, for any reason, and without notice or liability to you.

THIRD-PARTY INTERACTIONS ↑

Links we provide on the Service to third-party sites are for informational purposes only. You are responsible for all of your interactions with a third-party.

We do not display third-party advertisements on our Website or through the Service. Any links we provide on the Service to third-party sites are for informational purposes only (to provide assistance in some manner, like configuring CORS, for example).

If you enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-parties showing their goods and/or services on any third-party site linked through the Service, any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. We do not endorse any third-party sites on the Internet that are linked through the Service. We provide these links to you only as a matter of convenience, and in no event shall we or our licensors be responsible for any content, products, or other materials on or available from such sites.

FEES AND PAYMENT ↑

You agree to keep your billing and contact information up to date and to pay your bill.

We accept payment by credit card (American Express, Discover & Diners, Mastercard, Visa). For hardware or annual subscriptions only, we also accept payment by check. When paying for an annual subscription by check, we recommend mailing payments early to avoid an interruption in service. When paying by check, make checks payable to Westchester Media Works, LLC and include your account number on the check. Mail payments by check to:

Westchester Media Works, LLC
Attn: Hall of Fame Online, Accounts Payable
6 Meadow Road
Montrose, NY 10548
(914) 930-4299

When you register, you agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including e-mail address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Service. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Service.

Excess Storage Fees ↑

You can purchase additional storage space if your needs exceed the amount of space included with your subscription, which is roughly equivalent to 10,000 high quality JPEG photos, or several million lines of text — videos are not hosted on our servers. To avoid the need to purchase additional space you can try using our image crop tool to free up space. Even cropping images to the same size can significantly reduce image file sizes. Clearing the undo history can free a lot of space, as well.

You agree not to post any data or upload any files to our servers that are not for use in connection with the Service. The maximum storage space allocated for each Account at no additional charge is 5GB. We will notify you if the average storage used reaches approximately 95% of the maximum, at which point you will have the opportunity to reduce the amount of storage space used, limit additional uploads to avoid exceeding the limit, or purchase additional storage space at the then-current additional storage space fee. We reserve the right to establish or modify our general practices and limits relating to storage limits.

FREE TRIAL ↑

To avoid charges, cancel a free trial before it ends.

We offer a 7-day free trial to new users who register with the Service. Unless cancelled before the end of the trial period, the account will be charged according to the user’s chosen subscription at the end of the free trial.

ANY DATA YOU ENTER INTO THE SERVICE, AND ANY CUSTOMIZATIONS MADE TO THE SERVICE BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION BEFORE THE END OF THE TRIAL PERIOD. DURING THE FREE TRIAL THE SERVICE IS PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY WARRANTY.

CANCELLATION ↑

You can cancel your subscription at any time.

You can cancel your subscription at any time by logging in to your account and clicking Subscriptions, then View, and then Cancel. Cancellations will take effect at the end of the current paid term, or in the case of a free trial, at the end of the trial period.

If you are unsatisfied with any part of the Service, please e-mail us at info@halloffame.online or call us at (914) 920-4299 to let us know why. We’d appreciate the opportunity to make things right.

SERVICE MANAGEMENT ↑

We may monitor the service, and we may take action if we see violations of the Terms of Use or other violations.

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Content or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

MODIFICATIONS AND INTERRUPTIONS ↑

Our goal is to keep things running smoothly, but we cannot guarantee the Service will be available at all times. You agree not to hold us liable if there are interruptions or other problems. You also understand that we may make changes to the Service without prior notice to you.

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, remove or otherwise modify any part of the Service at any time or for any reason at our sole discretion without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

CORRECTIONS ↑

We may change or update information on the Service without notice.

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

PRIVACY NOTICE ↑

Please review our Privacy Notice for details on how we may use information we obtain from you.

We care about data privacy and security. By using the Service, you agree to be bound by our Privacy Notice posted on the Website, which is incorporated into these Terms of Use. Please be advised the Service is hosted in the United States and is intended only for use within the United States. If you access any part of the Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of any part of the Service, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

TERM AND TERMINATION ↑

We reserve the right to deny access to and use of the Service.

These Terms of Use shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON OR ENTITY FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

GOVERNING LAW ↑

This agreement is governed by the laws of the state of New York.

These Terms of Use and your use of the Service are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY ↑

This section outlines steps you can take if you think your intellectual property rights have been violated, or if someone thinks you have violated their intellectual property rights, in connection with the Service.

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Service infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by the Notification, a representative list of such works on the Service; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Service as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent:

Westchester Media Works, LLC
Attn: Hall of Fame Online, Copyright Agent
Montrose, NY 10548
United States

E-mail: legal@halloffame.online

DISPUTE RESOLUTION ↑

You and we both agree to attempt to negotiate any Dispute (defined below) informally before taking legal action.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Westchester County, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Westchester County, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Service be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

DISCLAIMERS ↑

The Service is provided on an “as-is” and “as-available” basis, and when you use the Service you are doing so at your own risk.

General Disclaimer

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR APPLICATION FEATURED IN ANY OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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.

Information and Advice

No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these Terms of Use.

LIMITATIONS OF LIABILITY ↑

You agree not to hold us liable for any losses you may incur in connection with the Service. This pertains to circumstances beyond our control or otherwise, and regardless of the circumstances there is a maximum liability.

Disclaimer of Damages

In no event and under no circumstances shall we, our directors, officers, employees, agents, successors, assigns or suppliers be liable for any indirect, incidental, consequential, aggravated, punitive or exemplary damages in any amount and arising from any cause (even if we have been advised of the possibility of such damages), including but not limited to, damages for the loss of customers, contracts or business opportunities, loss of profits, goodwill, use or data, or other intangible losses.

Specific Disclaimers

We will not be liable for any: (1) interruption of business; (2) access delays or access interruptions to the Service or inability to use the Service for any reason; (3) data non delivery, mis-delivery, corruption, loss, destruction or other modification; (4) unauthorized access or alteration of your Account, Content, Contributions or other transmissions or data; (5) fees and expenses of third parties retained by you; (6) events beyond our reasonable control; (7) conduct of any third party using the Service.

Maximum Liability

In no event shall our maximum aggregate liability exceed the total amount actually paid by you to us for use of the Service for the twelve (12) months preceding the first event giving rise to the liability.

INDEMNIFICATION ↑

We agree to indemnify you, and you agree to indemnify us.

By Us

We shall indemnify and hold you and as applicable your officers, directors, employees and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with: (1) a claim alleging that the Service directly infringes a copyright, a patent, or a trademark of a third party; (2) a claim, which if true, would constitute a violation by us of our representations or warranties in these Terms of Use; or (3) a claim arising from the breach of these Terms of Use by us; provided in each such case that you: (i) promptly give written notice of the claim to us and in any case no later than two years after the date of the first event giving rise to the claim or one year after termination of your subscription, whichever is earlier; (ii) gives us sole control of the defense and settlement of the claim (provided that we may not settle or defend any claim unless it releases you of all liability); (iii) provide to us all available information and assistance; and (iv) have not compromised or settled such claim. We shall have no indemnification obligation, and you shall indemnify us pursuant to these Terms of Use, for claims arising from any infringement arising from the combination of the Service with any of your Content, products, services, hardware or business processes.

By You

You shall indemnify and hold us and our affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) a claim alleging that use of your Content infringes the rights of, or has caused harm to, a third party; (2) a claim, which if true, would constitute a violation by you of your representations and warranties; or (3) a claim arising from the breach by you of this agreement; provided in any such case that we: (i) give written notice of the claim promptly to you and in any case no later than two years after the date of the first event giving rise to the claim; (ii) give you sole control of the defense and settlement of the claim, (provided that you may not settle or defend any claim unless we are unconditionally released of all liability and such settlement does not affect our business or Service); (iii) provide to you all available information and assistance; and (iv) we have not compromised or settled such claim. In such case you shall provide all information we request concerning the case and we shall be entitled to be separately represented and participate at our own expense if we so choose.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES ↑

You consent to receive electronic communications from us, and you understand that agreements made between you and us electronically are as binding as signed paper documents.

Visiting the Service, sending us e-mails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS ↑

If you are a resident of California you have additional resources at your disposal if any complaint with us is not satisfactorily resolved.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS ↑

This section includes important information about the agreement and understanding between you and us.

These Terms of Use and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Service. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US ↑

For any questions or comments in connection with these Terms of Use or your use of the Service, please contact us at:

Westchester Media Works, LLC
Attn: Hall of Fame Online, General Affairs
6 Meadow Road
Montrose, NY 10548

Phone: (914) 920-4299
Fax: (914) 920-4298

E-mail: info@halloffame.online