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ACCEPTANCE OF TERMS
Welcome to the Anthem Dolphins website. Anthem Dolphins provides its service
to you, subject to the following Terms of Service ("TOS"), which
may be updated by us from time to time without notice to you. In addition,
when using particular Anthem Dolphins services, you and Anthem Dolphins
shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS
DESCRIPTION OF SERVICE
Anthem Dolphins currently provides users with access to a rich collection
of online resources, including, various communications tools, forums,
shopping services, personalized content, billing for dues and events,
and branded programming through its network (the "Service").
You also understand and agree that the Service may include advertisements
and that these advertisements are necessary for Anthem Dolphins to provide
the Service. You also understand and agree that the service may include
certain communications from Anthem Dolphins, such as service announcements,
administrative messages, and that these communications are considered
part of Anthem Dolphins membership and you will not be able to opt out
of receiving them. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS"
and that Anthem Dolphins assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
You are responsible
for obtaining access to the Service and that access may involve third
party fees (such as Internet service provider or airtime charges). You
are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and
are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION
OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. Anthem Dolphins is concerned
about the safety and privacy of all its users.
ANTHEM DOLPHINS PRIVACY
POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, see our full privacy policy
at www.Anthem Dolphins.com/_privacy/
MEMBER ACCOUNT, PASSWORD
AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify Anthem Dolphins of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. Anthem Dolphins
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
MEMBER CONDUCT
You understand that all information, data, text, software, photographs,
graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you,
and not Anthem Dolphins, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via the
Service. Anthem Dolphins does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no circumstances
will Anthem Dolphins be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use
the Service to: upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way; impersonate any person or entity, including, but
not limited to, a Anthem Dolphins official, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation with a person
or entity; forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); upload, post, email,
transmit or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party; upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas
(such as shopping rooms) that are designated for such purpose; upload,
post, email, transmit or otherwise make available any material that contains
software viruses 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; "stalk" or otherwise
harass another; or collect or store personal data about other users.
You acknowledge that
Anthem Dolphins does not pre-screen Content, but that Anthem Dolphins
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, Anthem Dolphins and its designees
shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by
Anthem Dolphins or submitted to Anthem Dolphins, including without limitation
information in Anthem Dolphins Message Boards, Anthem Dolphins Clubs,
and in all other parts of the Service.
You acknowledge and
agree that Anthem Dolphins may preserve Content and may also disclose
Content 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 Content
violates the rights of third-parties; or (d) protect the rights, property,
or personal safety of Anthem Dolphins, its users and the public.
You understand that
the technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks
or devices.
SPECIAL ADMONITIONS
FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in which
you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Anthem Dolphins does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas
of the Service, you grant Anthem Dolphins the following world-wide, royalty
free and non-exclusive license(s), as applicable:
- With respect to
Content you submit or make available for inclusion on publicly accessible
areas of Anthem Dolphins, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service
solely for the purposes of providing and promoting the specific Anthem
Dolphins Club to which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove or Anthem
Dolphins removes such Content from the Service.
- With respect to photos and graphics you submit or make available for
inclusion on publicly accessible area of the Service the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purpose for which such Content
was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and will
terminate at the time you remove or Anthem Dolphins removes such Content
from the Service.
INDEMNITY
You agree to indemnify and hold Anthem Dolphins, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation of any rights
of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
GENERAL PRACTICES
REGARDING USE AND STORAGE
You acknowledge that Anthem Dolphins may establish general practices and
limits concerning use of the Service, including without limitation other
uploaded Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will
be allotted on Anthem Dolphins's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that Anthem Dolphins has
no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted
by the Service. You further acknowledge that Anthem Dolphins reserves
the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Anthem Dolphins reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that Anthem Dolphins shall
not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
TERMINATION
You agree that Anthem Dolphins, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and
remove and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if Anthem Dolphins believes that
you have violated or acted inconsistently with the letter or spirit of
the TOS. Anthem Dolphins may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under
any provision of this TOS may be effected without prior notice, and acknowledge
and agree that Anthem Dolphins may immediately deactivate or delete your
account and all related information and files in your account and/or bar
any further access to such files or the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, 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. You agree that Anthem Dolphins 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 on the Service.
LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Anthem Dolphins has no control
over such sites and resources, you acknowledge and agree that Anthem Dolphins
is not responsible for the availability of such external sites or resources,
and does not endorse and is 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 Anthem Dolphins 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.
ANTHEM DOLPHIN'S PROPRIETARY
RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by Anthem Dolphins or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
Anthem Dolphins grants
you a personal, non-transferable and non-exclusive right and license to
use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software.
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 Service. You agree
not to access the Service by any means other than through the interface
that is provided by Anthem Dolphins for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. Anthem Dolphins EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANTHEM DOLPHINS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
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 OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Anthem Dolphins OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Anthem Dolphins SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Anthem Dolphins HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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 OF SECTIONS 17 AND
18 MAY NOT APPLY TO YOU.
NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
TRADEMARK INFORMATION
Anthem Dolphins, the Anthem Dolphins logo, and product and service names
are trademarks of Anthem Dolphins Inc. (the "Anthem Dolphins Marks").
Without Anthem Dolphins's prior permission, you agree not to display or
use in any manner, the Anthem Dolphins Marks.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and Anthem Dolphins
and govern your use of the Service, superceding any prior agreements between
you and Anthem Dolphins. You also may be subject to additional terms and
conditions that may apply when you use Anthem Dolphins affiliate services,
third-party content or third-party software. The TOS and the relationship
between you and Anthem Dolphins shall be governed by the laws of the State
of California without regard to its conflict of law provisions. You and
Anthem Dolphins agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Santa Clara, California. The
failure of Anthem Dolphins 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 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 Service or
the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
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