Terms Of Use

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by Editor

Terms of Use

Date of Last Revision: Jan. 15th 2020

Welcome to LAYOUTHSPORTS.COM, a news site and social utility that brings you the latest youth sports news and connects you with the people around you.

The LAYOUTHSPORTS.COM service and network (collectively, “LAYOUTHSPORTS.COM” or “the Service”) are operated by LAYOUTHSPORTS.COM, and its corporate affiliates (collectively, “us”, “we” or “the LAYOUTHSPORTS.COM”). By accessing or using our web site at LAYOUTHSPORTS.COM or by posting a Share Button on your site, you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of LAYOUTHSPORTS.COM.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

Eligibility Membership in the Service is void where prohibited. This Site is intended solely for any user who is at least Eighteen (18) years of age or older or a minor under 18 years old with their parents permission. Any registration by, use of or access to the Site who does not meet the aforementioned rules are unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you meet the age and permission policies listed above or that you have been granted permission by you parent or legal guardian to access LAYOUTHSPORTS.COM, and that you agree to and to abide by all of the terms and conditions of this Agreement.

Registration Data and Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to LAYOUTHSPORTS.COM, to keep it accurate, current and complete; and
(d) be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Site Content and Limited License

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the LAYOUTHSPORTS.COM, its users or its licensor’s with all rights reserved.

No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the LAYOUTHSPORTS.COM’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of LAYOUTHSPORTS.COM, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.

Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppal, implication or otherwise. This license is revocable at any time without notice and with or without cause. Trademarks and other LAYOUTHSPORTS.COM graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of LAYOUTHSPORTS.COM in the U.S. LAYOUTHSPORTS.COM’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the LAYOUTHSPORTS.COM.

Children’s Privacy

The following additional terms, conditions and notices apply to use of the “Personal Information” collected and/or used in a story submission for children under the age of 18 years.

Prior to collecting or publication of any “Personal information” about a child under 18, LAYOUTHSPORTS.COM expects and demands that the contributor/photographer makes reasonable efforts to obtain consent from the child’s parent before submitting any image, story or nomination of a minor child. After informing the parent about the types of information LAYOUTHSPORTS.COM will collect, how it will be used, and under what circumstances it will be disclosed.

Although LAYOUTHSPORTS.COM will apply these children’s terms and conditions whenever it becomes aware that a user who submits Personal Information is less than 18 years old, no method is foolproof. LAYOUTHSPORTS.COM strongly encourages parents and guardians to supervise their children’s on-line activities and consider using parental control tools available from on-line services and software manufacturers to help provide a child-friendly on-line environment. These tools also can prevent children from disclosing on-line their name, address, and other personal information without parental permission.

“Personal information” collected or contained in a story submission may include any of the information defined above as “Personal Information” with respect to general users of the Web site and may be used by LAYOUTHSPORTS.COM for the same purposes. Except as necessary to process a child’s requests or orders placed with advertisers or merchants featured on the Web site, LAYOUTHSPORTS.COM does not rent, sell, barter or give away any lists containing a child’s Personal Information for use by any outside company.

If a child enters a game, contest or other activity covered or reported on in LAYOUTHSPORTS.COM, the child’s parent or legal guardian may be required by LAYOUTHSPORTS.COM to provide the minimum Personal Information reasonably necessary for the coverage of the child during a sporting or civic activity. Such “Personal Information” may include at a minimum the child’s name, age, school or program participating in and

A child’s parent or legal guardian may request LAYOUTHSPORTS.COM to provide a description of the Personal Information that LAYOUTHSPORTS.COM has collected from the child, as well as instruct LAYOUTHSPORTS.COM to cease further use, maintenance and collection of Personal Information from the child.

If a child voluntarily discloses his or her name, e-mail address or other personally-identifying information on chat areas, bulletin boards or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties that LAYOUTHSPORTS.COM has no control over and as such will not be held responsible for any use or misuse out of our control.

Personal Information Protection

LAYOUTHSPORTS.COM, WILL NOT ever release, sell, barter or give away personal information it collects about minor children or youth whether published in any medium or not. All information will be used only for the purpose of stories and publication on LAYOUTHSPORTS.COM.

User Conduct

You understand that except for advertising programs offered by us on the Site the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to: harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; use automated scripts to collect information from or otherwise interact with the Service or the Site; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that:

(i) are of you or your friends whose permission you DO NOT have,
(ii) are taken by you or your friends whose permission you DO NOT have,
(iii) are original art or animation created by you or your friends; register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any minor without the express approval of the parent or legal guardian of the minor, any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; upload, post, transmit, share 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; intimidate or harass another; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; use or attempt to use another’s account, service or system without authorization from the LAYOUTHSPORTS.COM, or create a false identity on the Service or the Site. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of LAYOUTHSPORTS.COM, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose LAYOUTHSPORTS.COM or its users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for the photos, profiles (including you and your subject of an article or image submitted including names, images, and likenesses), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”).

You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that LAYOUTHSPORTS.COM may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the LAYOUTHSPORTS.COM violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others including and especially minors.

You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to LAYOUTHSPORTS.COM. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to LAYOUTHSPORTS.COM an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing.

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the LAYOUTHSPORTS.COM may retain archived copies of your User Content. LAYOUTHSPORTS.COM does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on LAYOUTHSPORTS.COM website or service any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringer’s as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written email notification of such infringement to editor@layouthsports.com.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, LAYOUTHSPORTS.COM has adopted a policy of terminating, in appropriate circumstances and at LAYOUTHSPORTS.COM’s sole discretion, members who are deemed to be repeat infringer’s. LAYOUTHSPORTS.COM may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content

The Site may contain (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).

Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by LAYOUTHSPORTS.COM, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us.

If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Social Media Permissions

LAYOUTHSPORTS.COM may by default access your Facebook, Twitter, LinkedIn or other social media basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding social log in and data uses and/or permissions, refer to the specific Social Media Permissions Reference page.

Data From Social Networks

User information from social networking sites, such as Apple’s Game Center, Facebook, Google+, Instagram, Pinterest, Twitter and any other social media used, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. 

Mobile Device Data

LAYOUTHSPORTS.COM may access your device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access our website from a mobile device.

Financial Data

Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the LAYOUTHSPORTS.COM are not stored by us. We do not store any, financial information that we collect. Otherwise, all financial information is stored by our one or more of our payment processors including but not limited to, Amazon Payments, Authorize.Net, Braintree Payments, Chargify, Dwolla, Google Checkout, PayPal, SafeCharge, Stripe, WePay, 2Checkout, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.

Share Services

LAYOUTHSPORTS.COM offers a feature whereby users of the Site can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the “Share Service”). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.

Use of Share Links by Online Content Providers

Subject to the terms and conditions of these Terms of Use, Third Party Sites that meet the requirements set forth below may place a Share Link (as described below), in the form approved by LAYOUTHSPORTS.COM, on pages of their web sites to facilitate use of the Share Service.

A Third Party Site that posts a Share Link on its web site is referred to herein as an “Online Content Provider” and shall abide and be subject to the applicable sections of these Terms of Use. A “Share Link” is a button and/or a text link appearing on an Online Content Provider’s web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page.

In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of LAYOUTHSPORTS.COM, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider’s site and solely in the current form provided by LAYOUTHSPORTS.COM.

In the event that the Share Link is a text link, it must include the word “LAYOUTHSPORTS.COM” as part of the link. The rights granted in this paragraph may be revoked by LAYOUTHSPORTS.COM at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site.

In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above.

Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose LAYOUTHSPORTS.COM or its users to any harm or liability of any type.

Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold LAYOUTHSPORTS.COM, its subsidiaries and affiliates, sponsors and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.

By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to LAYOUTHSPORTS.COM an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.

Terms of Sale

Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from LAYOUTHSPORTS.COM. By ordering products or services from LAYOUTHSPORTS.COM through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in LAYOUTHSPORTS.COM’s sole discretion so you should review the Terms of Sale each time you make a purchase.

IP Addresses

LAYOUTHSPORTS.COM may collect IP addresses, in other words, the location of your computer on the Internet, for certain contest, system administration, troubleshooting, and to examine overall traffic trends. IP addresses are not linked to any personal information. This information, in aggregate form, is recorded for administrative purposes only but may be used, when necessary, to enforce our terms of service or protect our site, network, advertisers or users.

User Disputes

You are solely responsible for your interactions with other LAYOUTHSPORTS.COM users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Privacy

We care about the privacy of our users. Click here to view our Privacy-policies. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

Disclosure Of Personal Information

LAYOUTHSPORTS.COM may share information we have collected about you in certain situations. Your information may be disclosed as follows:

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of minor youth and to aid in the location and recovery of minors, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

Disclaimers

LAYOUTHSPORTS.COM is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by LAYOUTHSPORTS.COM, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service.

Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content.

LAYOUTHSPORTS.COM is not responsible for the conduct, whether online or off-line, of any user of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons.

LAYOUTHSPORTS.COM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The LAYOUTHSPORTS.COM is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.

Under no circumstances will LAYOUTHSPORTS.COM be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline. THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND THE LAYOUTHSPORTS.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

LAYOUTHSPORTS.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. LAYOUTHSPORTS.COM DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

LAYOUTHSPORTS.COM reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by LAYOUTHSPORTS.COM.

Limitation on Liability

IN NO EVENT WILL LAYOUTHSPORTS.COM OR ITS DIRECTORS, EMPLOYEES, SPONSORS, ADVERTISERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE LAYOUTHSPORTS.COM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LAYOUTHSPORTS.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LAYOUTHSPORTS.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE LAYOUTHSPORTS.COM’S LIABILITY TO YOU EXCEED $1000.

YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO LAYOUTHSPORTS.COM FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM LAYOUTHSPORTS.COM, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

LAYOUTHSPORTS.COM may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. When we are notified that a user has died, we will generally, but are not obligated to, keep the user’s account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

Governing Law: Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of Louisiana, Caddo Parish without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and LAYOUTHSPORTS.COM or any of our sponsors, advertisers or affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Louisiana, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Louisiana.

Arbitration

YOU AND LAYOUTHSPORTS.COM AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that:

(a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”).

The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, LAYOUTHSPORTS.COM will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

Indemnity

You agree to indemnify and hold LAYOUTHSPORTS.COM, its subsidiaries and affiliates, sponsors and advertisers and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to LAYOUTHSPORTS.COM are non-confidential and shall become the sole property of LAYOUTHSPORTS.COM. LAYOUTHSPORTS.COM shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Other

These Terms of Use constitute the entire agreement between you and LAYOUTHSPORTS.COM regarding the use of the Site and/or the Service, superseding any prior agreements between you and LAYOUTHSPORTS.COM relating to your use of the Site or the Service. The failure of LAYOUTHSPORTS.COM to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.