SmallBall.com provides its service (the "Service"), as it may be modified
from time to time, to you subject to the terms and conditions of this
User Agreement and all applicable laws and regulations, including laws
and regulations governing copyright and trademark. BY ACCESSING THE
SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE
TERMS AND CONDITIONS IN THIS USER AGREEMENT. SmallBall.com reserves
the right to change these terms and conditions at any time. The changes
will appear on this screen. By using the Service, you agree in advance
to accept any changes.
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All materials used and displayed on the Service, including but not
limited to text, software, photographs, graphics, illustrations, artwork,
video, music, sound, names, logos, trademarks and service marks, are
the property of SmallBall.com or its affiliates or licensors and are
protected by copyright, trademark, and other laws. Any such content
may be displayed solely for your personal, non-commercial use. You
agree not to modify, reproduce, retransmit, distribute, disseminate,
sell, publish, broadcast, or circulate any such material without the
written permission of SmallBall.com or the appropriate affiliate.
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THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SMALLBALL.COM MAKES
NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE,
THAT SMALLBALL.COM WILL CORRECT ERRORS, OR THAT THE SERVICE WILL MEET
ITS SPECIFICATIONS. NEITHER SMALLBALL.COM NOR ITS AFFILIATES ENDORSE
OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE, OR STATEMENT ON THE SERVICE.
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The Service may include features and pages that allow you and other
users to exchange and/or forward messages and information, to provide
feedback to SmallBall.com and its affiliates, and to post or transmit
content, including but not limited to information, data, software,
music, sound, graphics, video, or other materials. You agree not to
transmit any unlawful, libelous, slanderous, intellectual property
infringing, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, profane, hateful, racially, ethnically or otherwise
objectionable material of any kind, including, but not limited to,
any material that encourages conduct that would constitute a criminal
offense, violate the rights of others, or otherwise violate any applicable
local, state, national or international law. You will be responsible
for, and indemnify and hold harmless SmallBall.com, its subsidiaries,
divisions, affiliates, agents, and representatives against any claim
arising from any material that you transmit. If you post content to
a publicly accessible area in the Service, you grant to SmallBall.com
the non-exclusive, royalty-free, world-wide, perpetual, irrevocable,
sub-licensable right to use, reproduce, translate, create derivative
works from, incorporate into other works, and distribute and display
such content, in whole or in part.
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Your use of the Service and the Sites is at your own risk. NEITHER
SMALLBALL.COM, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES,
AGENTS, REPRESENTATIVES, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY LOSS, DAMAGE, OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF
YOUR ACCESS OR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO YOUR
INABILITY TO ACCESS OR USE THE SERVICE, THE INFORMATION AVAILABLE
THROUGH THE SERVICE, OR ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT
OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE. YOU HEREBY WAIVE
ANY AND ALL CLAIMS AGAINST SMALLBALL.COM AND ITS SUBSIDIARIES, DIVISIONS,
AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF
YOUR USE OF THE SERVICE AND THE INFORMATION AVAILABLE THROUGH THE
SERVICE.
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Any communication or material you post or transmit to the Service
is, and will be treated as, non-confidential and non-proprietary.
You assume full responsibility for anything you post or transmit,
and you grant SmallBall.com and its affiliates the right to edit,
copy, publish and distribute any information or content you post or
transmit for any purpose. SmallBall.com may, in its sole discretion,
remove any content that is available through the Service.
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SmallBall.com reserves the right to modify or discontinue the Service,
in whole or in part, temporarily or permanently, without notice. SmallBall.com
may terminate your account and your access to the Service at any time
if you breach this User Agreement, if the account is inactive, or
for any other reason.
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SmallBall.com and its affiliates do not review or monitor any websites
linked to the Service and are not responsible for the content of any
such linked websites. Your linking to such websites is at your own
risk. This User Agreement and any disputes arising out of or related
to the Service and the sites shall be governed by, and construed and
enforced in accordance with, the laws of The State of California.
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SmallBall complies with the provisions of the Digital Millennium
Copyright Act applicable to Internet service providers (17 U.S.C.
'512, as amended). If you have any complaints or objections to material
posted on the SmallBall web site, you may contact us at smallball@andnow.net
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