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This policy does not apply to the practices of third parties that Gamedayr does not own or control, or to individuals that Gamedayr does not employ or manage.
What Personal Information About Users Does Gamedayr Collect?
Our primary goal in collecting personal information is to provide you with a friendly, customized, and efficient experience.
We collect the following types of information from our users:
1. Information You Provide to Us:
We receive and may store any information you enter on our website or provide to us in any other way (including by connecting to Gamedayr through a third-party service). You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The personal information we collect includes:
Registration: In order for you to use certain Gamedayr services, such as submitting new articles to the Site, you must complete a registration form including your full name and email address, or connect with us through a third-party service, which will provide us with information about you from your account with that service as that service may permit.
Member Profile: You have the option (but are not required) to enter your full name and the URL of your blog into your member profile for public display on the Site.
User Content: You may post your own stories on the Service as well as edit and comment on the stories of others (collectively your “User Content”).
2. Automatic Information:
We receive and store certain types of non-personally identifiable information whenever you interact with us. Gamedayr automatically receives and records certain “traffic data” on our server logs from your browser including your IP address, Gamedayr cookie information, and the page you requested.
Gamedayr may display a counter on any page indicating the total number of times that page has been viewed. This includes member profile pages.
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. Gamedayr cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or email address is.
The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. You may choose to disable or reject cookies when using the Service, but you may not be able to access some of Gamedayr’s most attractive features.
If you choose to provide posts from your blog via Gamedayr, we may ask you to paste a confirmation code into the external template of your blog that communicates with us to authenticate the blog as an authorized feed and places a badge on your blog identifying you as a Gamedayr Affiliate.
How Does Gamedayr Use My Information?
We use your information to operate, maintain, and provide to you the features and functionality of the Service.
Social sharing of User Content: Gamedayr allows other users to browse stories that you have written, edited, or commented on. This information is made available via your member profile, or within the article or history page of the story in which you performed the action on. Gamedayr may choose to post this data on other site features in the future.
Profile information: Gamedayr allows other users to browse your full name, and blog URL within your member profile should you provide this optional information.
Syndication: Gamedayr allows for the RSS syndication of all of its public content within the website.
API: Gamedayr may allow third parties access to all Gamedayr data that is already publicly available through Gamedayr.com through an application program interface that allows other programs to interact with the Site. Gamedayr will keep passwords and blog settings private.
Traffic data: Gamedayr uses traffic data, including information gathered from cookies, to help diagnose problems with our servers, analyze trends, research the market for our services, and administer the website.
Will Gamedayr Share Any of the Information it Receives?
We will not rent nor sell your personal information to anyone. We share your personal information only as described below.
Third-Party Services: If you connect with Gamedayr through a third-party service, that service may collect certain information about your connection to Gamedayr as specified by the third-party service’s policies.
With Your Consent: Except as set forth above, you will be notified when your personal information may be shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to prevent the sharing of this information by opting out.
Is Information About Me Secure?
Your Gamedayr account information is protected by a password for your privacy and security. You are responsible for maintaining the secrecy of your password and account information.
Only Gamedayr employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.
Gamedayr uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Gamedayr and you do so at your own risk. Once we receive your transmission of information, Gamedayr makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. This information includes your User Content. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other users have copied or stored your User Content.
What Information Can I Access?
You can access your personal information on our website and correct, amend, or delete information that is inaccurate by visiting your user profile setting page.
What Choices Do I Have?
You can always opt not to disclose information, but then you may be unable to use certain features on our website.
You can choose to disable or reject cookies from the Service, but you may not then be able to access many features of Gamedayr.
You can add or update certain information on pages of the Site. When you update information, however, we often maintain a copy of the unrevised information in our records.
You may request deletion of your Gamedayr account by emailing us firstname.lastname@example.org.
Can Children Use Gamedayr’s Services?
You must be at least 13 years or older to register to use the Gamedayr website. Children between the age of 13 and 18 must have parental consent to register. Gamedayr does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on Gamedayr. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
Third Party Links and Advertisers
The Site contains links to web sites or services of third parties. Gamedayr is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. Gamedayr uses third-party advertising companies to serve our ads on the Site. These third-party advertising companies employ cookie and 1×1 pixel .gifs or web beacons to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our website and other websites, but will not collect any information which can personally identify you or can be linked to you. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, and the IP address. This information can also be used for online preference marketing purposes.
If you want to prevent a third-party advertiser from collecting data, currently you may either visit each ad network’s web site individually and opt out or visit the NAI gateway opt-out site to view cookies installed on your browser by various online ad networks and opt out of some or all of them. Click here for the NAI gateway opt-out site. http://networkadvertising.org/managing/opt_out.asp
This site will also allow you to review the third-party advertising companies’ privacy policies.
1. ACCEPTANCE OF TERMS
3. DESCRIPTION OF SERVICE
Gamedayr provides services and content relating to the world of sports, as described more fully on the Site (the “Service”). The Service shall include, but not be limited to, any service and content Gamedayr performs for you, as well as the offering of any materials displayed or performed on or through the Service, including but not limited to text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively “Content”). Gamedayr may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or content. Gamedayr may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
You can browse Gamedayr and enjoy the Content without registering. In order to post any Content or access certain features of the Service, you must register with Gamedayr (which may include connecting to Gamedayr through a third-party service) and select a password and screen name (“Gamedayr User ID”). You may not select or use as a Gamedayr User ID a name that is offensive, vulgar or obscene. Gamedayr reserves the right to refuse registration of, or cancel a Gamedayr User ID in its sole discretion. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your Gamedayr password.
You are solely responsible for the activity that occurs on your account. You must notify Gamedayr immediately of any breach of security or unauthorized use of your account. Although Gamedayr will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Gamedayr or others due to such unauthorized use.?By providing Gamedayr your email address (including by connecting to Gamedayr through a third-party service) you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. You may opt out or change the frequency of certain email communications from Gamedayr by sending an email message to firstname.lastname@example.org, with the word “No email” in the subject field.
Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of certain Service-related notices.
6. USER CONDUCT
By way of example, and not as a limitation, you agree not to use the Service:
to abuse, harass, threaten, impersonate, or intimidate other Gamedayr users;
to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, or offensive; that you know to be false, misleading, or untrue; or that otherwise violates any law or right of any third party;
for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your use of the Service;
to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Gamedayr user;
to create or submit unwanted email (“Spam”) to any other Gamedayr users or any URL;
to violate any laws in your jurisdiction (including but not limited to copyright laws);
to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interefere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service;
with the intention of artificially inflating or altering the ‘writer rankings’, or participating in any other organized effort that in any way artificially alters the results of Gamedayr’s services.
Gamedayr may remove any Content or deactivate any Gamedayr account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
7. USER CONTENT
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service (your “User Content”), you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity or privacy. Gamedayr reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
Gamedayr takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Gamedayr is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Gamedayr shall not be liable for any damages you allege to incur as a result of such User Content.
We may provide various opportunities and programs relating to User Content on the Service (“User Content Programs”). Some User Content Programs may require you to submit an application to participate, which Gamedayr may approve or deny in its sole discretion. Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and Gamedayr. While Gamedayr may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You acknowledge and agree that Gamedayr does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions Gamedayr may make about your User Content are only suggestions, based on our understanding of how users typically access Content and use the Service. You are not required to implement any suggestion made by Gamedayr regarding your User Content or to perform any requested activity or task, and you do so at your own volition and risk. You agree that you are the sole author of your User Content, and that Gamedayr does not participate in the creation of any of your User Content.
You are solely responsible for your interactions with other Gamedayr Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
8. LICENSE GRANT
By posting any User Content, you expressly grant, and you represent and warrant that you have a right to grant, to Gamedayr a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, transmit, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
9. OUR PROPRIETARY RIGHTS
We care about the privacy of our users. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
12. WARRANTY DISCLAIMERS
You acknowledge that Gamedayr has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Gamedayr from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Gamedayr makes no representations concerning any content contained in or accessed through the Service, and Gamedayr will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Gamedayr, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
Gamedayr DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Gamedayr SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Gamedayr WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL Gamedayr, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF Gamedayr HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL Gamedayr BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. Gamedayr makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you wish to terminate your Gamedayr account, you may discontinue using the Service by sending an email message to email@example.com with the words “Terminate account” in the subject field.
Gamedayr may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by Gamedayr in our sole discretion. Gamedayr reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in this Agreement. Gamedayr is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add Gamedayr@gamedayr.com to your email address book to help ensure you receive email notifications from us.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
For the purposes of this, Writer/User/Affiliate hereby grants to Gamedayr an exclusive, royalty-free, world-wide right and license to: (a) copy, cache, download, distribute, display, modify, perform, publish, stream, and transmit the said parties Materials (as defined below) in order to place and serve Advertising (as defined below) on the Affiliate Website(s) (as defined below) and perform the activities described in this Agreement; (b) sublicense all rights granted to Gamedayr herein to any Gamedayr parent or affiliate; (c) link to the Affiliate Website(s) from any Gamedayr website; and (d) to copy and otherwise use portions of the Affiliate Website(s) and the Site Materials (in original or modified form) in order to drive traffic to the Affiliate Website(s) and for other promotional purposes, including, without limitation, for Gamedayr’s widget, toolbar, or other branding items that may be provided or developed by Gamedayr, its parent, or affiliates. Gamedayr may extend the benefits of this Agreement to its divisions, subsidiaries and affiliates, including, without limitation. For the purposes of this Agreement, Gamedayr hereby grants to Affiliate a non-exclusive, royalty-free, world-wide right and license to: (i) display the Advertising solely for the purposes of placing such Advertising on the Affiliate Website(s) in accordance with this Agreement; and (ii) link to the applicable Gamedayr website from the Affiliate Website(s) as determined by Gamedayr from time to time. For the purposes of this Agreement, “Site Materials” shall be defined as all links, data, materials, files, images, video, text, photos, audio, articles, and all other information or content used, accessed, or located on the Affiliate
Gamedayr requires that users of the Site respect the copyright and other intellectual property rights of all third parties. In accordance with the Digital Millennium Copyright Act (DMCA), Gamedayr will terminate, where warranted as determined in Gamedayr’s sole discretion, users whom Gamedayr believes are intentional and/or repeat infringers.
If you believe that your copyright in any material has been infringed on the Site, please send a “DMCA Notice” described below to Gamedayr’s DMCA Agent. To be effective, federal law requires your DMCA Notice to include the following information:
Identification of the copyrighted work that you claim has been infringed.
Identification of the material that you claim is infringing, with sufficient detail so that Gamedayr may readily locate it.
Information sufficient to permit Gamedayr to contact you such as your name, address, telephone number, and e-mail address.
A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner.
The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.
The DMCA Notice must be submitted to the following DMCA Agent:
Attn:?DMCA Agent?Email: DMCA@gamedayr.com
A password will be e-mailed to you.