Last Updated: September 14, 2016
These Terms of Service (“Terms”) apply to your access to and use of the website provided by IMG Worldwide, LLC and our parents, subsidiaries and affiliates (collectively, “IMG,” “we“ or “us“) where these Terms are posted (collectively, our “Service“). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15, do not access or use our Service.
If you have any questions about these Terms, our Service or our events, please contact us firstname.lastname@example.org.
You must be at least 18 years of age to access or use our Service. If you are accessing or using our Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
We grant you a limited license to access and make personal, non-commercial use of this site. In exchange, you agree that you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Service. You will not:
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about IMG or our Service or events (collectively, “Feedback”) is non-confidential and will become the sole property of IMG. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Any and all offers or promotions advertised on this Service are void where prohibited and are subject to the posting of any official rules to such offers or promotions.
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “IMG Content”) are owned by or licensed to IMG and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, IMG and our licensors reserve all rights in and to the Service and the IMG Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Service and IMG Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Service or IMG Content; (b) copy, reproduce, distribute, publicly perform or publicly display IMG Content, except as expressly permitted by us or our licensors; (c) modify the IMG Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service or IMG Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use the Service or IMG Content other than for their intended purposes. Any use of the Service or IMG Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
When you attend the Thornberry Creek event, you enter an area where photography and video recordings may occur. By entering the Thornberry Creek premises, you consent to such photography and video recording and you release IMG for any liability connected therewith. You acknowledge that you have no expectation of privacy while on the Thornberry Creek premises.
We have a policy of limiting access to the Service and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Service infringes any copyright that you own or control, you may notify IMG’s Designated Agent as follows:
Designated Agent: Debra Shuwarger
9601 Wilshire Boulevard, Third Floor
Beverly Hills, California 90210
Telephone Number: 310-285-9000
Fax Number: 310-285-9010
E-Mail Address: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to IMG for certain costs and damages.
You will indemnify, defend, and hold harmless IMG and each of our respective officers, directors, agents, partners and employees, web masters and web suppliers (individually and collectively, the “IMG Parties“) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Service; (b) your User Content; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your breach of any of your representations or misuse of the Service. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and IMG or the other IMG Parties. You shall use your best efforts to cooperate with us in the defense of any claim.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Service, including User Content.
Your use of our Service is at your sole risk. Our Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, IMG does not represent or warrant that our Service is accurate, complete, reliable, current or error-free. While IMG attempts to make your access to and use of our Service safe, we cannot and do not represent or warrant that our Service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Service and the entire cost of all necessary servicing, repair or correction.
IMG explicitly disclaims any responsibility for the accuracy, completeness, content or availability of information found on sites that linked to or from the Service. We cannot ensure that you will be satisfied with any products or services that you purchased from a third party site that links to or from the Service or a third party content on the Service. We do not endorse any of the merchandise (if any) except as expressly provided, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. IMG strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
IMG and the other IMG Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if IMG or the other IMG Parties have been advised of the possibility of such damages.
The total liability of IMG and the other IMG Parties for any claim arising out of or relating to these Terms or our Service, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Service.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of IMG or the other IMG Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release IMG and the other IMG Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
By accessing or using the Service, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with IMG and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or IMG seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or IMG seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and IMG waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Service resolved in court. Instead, all disputes arising out of or relating to these Terms or our Service will be resolved through confidential binding arbitration held in the Borough of Manhattan, New York in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and IMG agree that any dispute arising out of or related to these Terms or our Service is personal to you and IMG and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and IMG agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and IMG agree that for any arbitration you initiate, you will pay the filing fee and IMG will pay the remaining JAMS fees and costs. For any arbitration initiated by IMG, IMG will pay all JAMS fees and costs. You and IMG agree that the state or federal courts of the State of New York and the United States sitting in the borough of Manhattan have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms or our Service must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and IMG will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by emailing firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.
These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of New York, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the Borough of Manhattan, New York.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service. We are not responsible for any loss or harm related to your inability to access or use our Service.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and IMG relating to your access to and use of our Service. The failure of IMG to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.