PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
MSOP Entertainment Company Inc. ("MSOP") PROVIDES YOU ACCESS AND USE OF OUR WEB SITES, INCLUDING (msop.com) AND OTHER INTERNET SITES, MOBILE APPS, AND SOCIAL MEDIA SITES OPERATED BY OR FOR MSOP (collectively, the "Sites"), SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the "Site Terms"). BY ACCESSING, BROWSING AND USING THE SITES, YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THE SITES OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE SITE TERMS, YOU MAY NOT USE THE SITES.Note that the headings contained in the Site Terms are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions.
Related Policies and Terms
Modification of Site Terms
The Site Terms contained herein are subject to change and can be modified by MSOP at any time. Be sure to review these Terms periodically for updates, as your continued use of the Site signifies your acceptance of any changed terms and conditions set forth. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Sites following the posting will constitute your acceptance of the new Site Terms.
MSOP, The Putter player and other marks and logos are the intellectual property of MSOP Entertainment Company Inc and its subsidiaries. Our Site and all of its contents (including, without limitation, articles, text, photographs, images, illustrations, graphics, video material, audio material, and software (collectively, the "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by MSOP or the party credited as the provider of the Intellectual Property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of MSOP or any third party. This Site is provided free of charge and is for informational purposes only and does not create a business or professional services relationship between you and MSOP.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by MSOP. You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of personal interest to you for your personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way use any of our Intellectual Property or the Site itself. MSOP abides by the Digital Millennium Copyright Act (DMCA) and similar legislation and regulations in other jurisdictions by providing legitimate copyright owners with a mechanism to request that allegedly infringing material be removed from the Site or that access to it be disabled. If you believe in good faith that your work has been reproduced or is accessible on the Site in a way that constitutes copyright infringement, please send a written communication to our Copyright Agent (see Copyright Agent Information below) by email or regular mail with the following information:
* NOTE: If you knowingly materially misrepresent that material is infringing, you may be liable for any damages, including costs and attorneys' fees, incurred by MSOP, the alleged infringer, and any copyright owner or copyright owner's authorized licensee. Damages and costs are often sought and awarded to anyone who is injured by such a misrepresentation, as a result of MSOP relying upon such misrepresentation in removing or disabling access to the material claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
** Copyright Agent Information :
AUTHORISED USE OF THE SITE
This Site is made available to provide information about MSOP in both the United States and Canada. You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions Agreement, or cause damage on or through this Site. You agree that none of your communications with or through the Site will violate any applicable local, state, national, international or other law. You further agree that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. You agree to defend, indemnify, and hold MSOP, its affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Site, including without limitation your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions Agreement or any applicable law.
Changes, Misprints and Error
Subject to applicable law, we: (a) reserve the right to change the products and services advertised or offered for sale through the Sites, the prices or specifications of such products and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; "Site Materials" means all information, software and materials on the Sites, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product names, prices and descriptions, HTML text, graphics, other files, photographs, codes, layout, designs, forms and the selection and arrangement thereof ; (b) cannot guarantee that products or services advertised or offered for sale on the Sites will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product or services descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Sites is inaccurate. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Disclaimer of Warranty and Limitation of Liability
THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED FOR UNDER QUÉBEC LAW. MSOP does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk. THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MSOP, ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT. UNDER NO CIRCUMSTANCES WILL MSOP, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE, ITS FEATURES AND/OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN MSOP OR ANY SUCH OTHER PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
MSOP, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. MSOP UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.
Applicable law may 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 or exclusions may not apply to you.
(This section does not apply in the Province of Quebec) Unless prohibited under applicable law, in no event shall the aggregate liability of MSOP or any affiliate, licensor, supplier or any other party involved in creating this Site and/or its contents, to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is less. You agree to bring any and all actions within one year from the date the cause of action first occurred and that actions brought after this date will be forever barred.
Links to Other Websites
Our Site may provide links to websites not operated by MSOP . Access to any other websites linked to this Site is at your own risk. Such links do not imply, nor should you infer, MSOP's association, sponsorship, affiliation or endorsement of material on any other website, and MSOP assumes no responsibility for third-party websites, including but not limited to any content contained on such websites. For example, MSOP does not vouch for, or make any judgment or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party websites, even if someone from MSOP is quoted, leaves a comment, or our marketing or other materials make reference to that party's website.
Although MSOP may open a new browser window when you click on a link to a third party's website, MSOP does not guarantee that you will receive this alert when you leave the Site. It is your responsibility to determine when you have left this Site.
Unless otherwise set forth in a written agreement between you and MSOP, you may link your website to the home page of our Site, provided that you adhere to the following linking policy: (i) any link to MSOP's Site must be a text only link and clearly marked " MSOP Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MSOP's names and trademarks, (iii) the link must "point" to the URL www.msop.com and not to other pages within the MSOP Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with MSOP, (v) when selected by a user, the link must display the MSOP Site on full-screen and not within a "frame" on the linking Site, and (vi) MSOP reserves the right to revoke its consent to the link at any time and in its sole discretion.
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
Feedback and Submissions
By submitting any remarks, suggestions, material, information, ideas or other communications, including the information and image used as part of a use profile (each a "submission") to this Site, you grant MSOP a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your submission (or any portion thereof) in any way and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your submission to the extent permitted by applicable law. You represent that you have obtained all necessary authorizations from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate. You agree that all such submissions by you are voluntary, and MSOP has no obligation to treat such submissions as confidential or to compensate you for the submission. You agree that all such material, information and ideas are your own original works, or that you have obtained all necessary authorizations from any rights holder for all of the uses specified in that section. You agree that MSOP has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you with the submission.
You remain fully responsible for the submissions that you provide to MSOP in relation to the Site. Without limitation, MSOP is not responsible for any submission on its social media pages, including but not limited to Facebook and Twitter, which feed into the Site. You agree not to provide submissions that : libel, defame or invade privacy, or are obscene, pornographic, abusive, or threatening; infringe any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; violate any law; advocate illegal activity; or advertise or otherwise solicit funds or is a solicitation for goods or services (collectively "Non-Approved Material").
MSOP may terminate your access to this Site immediately without notice if, you fail to comply with any of the terms of this Terms and Conditions Agreement. You may terminate this Terms and Conditions Agreement, immediately without notice to MSOP, at any time by discontinuing your use of the Site, and your use of any information you have obtained from the Site. The paragraphs entitled "Intellectual Property," "Disclaimer of Warranty and Limitation of Liability," "Feedback and Submissions," "Additional Terms," and "Governing Law and Jurisdiction" shall survive termination of this Terms and Conditions Agreement for any reason.
Privacy and Children's Information
No delay or failure by MSOP to enforce any of these Terms and Conditions Agreement shall constitute a waiver of any of our rights under this Terms and Conditions Agreement. Neither the receipt of any funds by MSOP nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Terms and Conditions Agreement. Only a specific, written waiver signed by an authorized representative of MSOP shall have any legal effect.
If any clause or provision set forth in this Terms and Conditions Agreement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Governing Law and Jurisdiction
This MSOP Site is operated by MSOP Entertainment Company Inc, a Delaware corporation. MSOP makes no representation that the information in this Site is appropriate or available for use outside of the United States and Canada, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you access this Site from outside the United States, be advised this Site may contain references to products and services that are not available or are prohibited in your country. Those who choose to access this Site from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. This Terms and Conditions Agreement and all policies and documents incorporated herein by reference constitute the entire agreement between MSOP and you with respect to the subject matter herein.
Applicable Law, Venue and Limitation of Actions
(This section does not apply in the Province of Québec) These Terms and conditions shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, without reference to its conflict of law principles. Regardless of where you access the Sites, you agree to submit to the exclusive personal jurisdiction and venue of the courts located within the district of Montréal, Quebec, Canada, for any legal proceeding arising from these Terms, and/or any additional terms to this Site, regardless of the cause of action or which party has initiated the legal proceeding.
The parties hereto acknowledge having expressly required that the Site Terms and all related policies and terms are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les Conditions et règlements du site ainsi que toutes les politiques et règles s'y rapportant soient rédigées en anglais. (Inapplicable in the Province of Québec) This English-language Terms and Conditions Agreement is MSOP's official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions Agreement and its translation into another language, this English-language document shall control.
For More Information
If you have any questions regarding our Terms and Conditions Agreement, please contact us by sending an email email@example.com or writing to us at
MSOP - 2711 Centerville Road Suite 400, Wilmington, Delaware, 19808 USA
Updated: May 31st 2016