Last updated: March 23, 2023
WELCOME TO NATIONALGYM.ORG
OWNERSHIP AND USE RESTRICTIONS
The Site is operated by _______________________________pursuant to an agreement with National Gymnastics Association, (“NGA”) collectively referred to herein as the “Operator”, “we”, “our” or “us”).
The Site contains content and materials (including, but not limited to, video, audio, photos, text, images, statistics, updated scores, logos, and other intellectual property related to National Gymnastics Association that is either owned by or licensed to the Operator. The Operator maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site only for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, link to, or use any materials of the Site for public or commercial purposes on any other website or otherwise without the written permission of the Operator (and, as applicable, the copyright owner). Modification of any materials displayed on the Site is a violation of the Operator’s copyright and other proprietary rights.
The Operator neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with the Operator.
By transmitting any message or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes, or materials (collectively, “Submissions”), you are automatically granting the Operator a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of the Operator. This means that anything submitted to us by you may be used by the Operator for any purpose, now or in the future, without any payment to, or further authorization by, you. The Operator also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.
- Solicited Submissions: At times, the Operator may solicit Submissions from visitors to the Site, including, but not limited to, information, ideas, artwork, or other materials. For additional information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operator of the Rights described above.
- Unsolicited Submissions: Although we are pleased to hear from NGA fans and welcome your comments regarding the Site, unfortunately, the Site does not permit it to accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise when creative ideas, concepts, or materials developed by the Operator might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions, we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future NGA products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed and shall remain, the property of the Operator. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operator of the Rights described above.
NATIONAL GYMNASTICS ASSOCIATION STORE
- We have engaged __________, including one or more of its affiliates, to operate the NGA store (the “Store”). By placing an order through the Store, you acknowledge that _______ is exclusively responsible for the fulfillment and shipment of all merchandise ordered.
- By placing an order at the Store, you agree to pay _______ all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase merchandise is subject to limits established by the Operator, _______________, or your credit card issuer. _________ may bill your credit card at the time merchandise is ordered. __________ may, in its sole discretion, decline service to or terminate your Store account without notice.
- Questions relating to the Store, Merchandise, and order fulfillment should be directed to ____________ by visiting ________________.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NGA is not responsible for third-party access to your account that results from theft or misappropriation of your account. NGA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
NGA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Nationalgym.org only with the permission of a parent or guardian.
NGA is not obligated to provide a refund to any event once the event has been paid for. Any refunds granted will be solely at the discretion of NGA.
As an applicant for a professional membership, any monies collected are utilized toward costs associated with processing registrations. This includes background check processing. As a result, NGA does not issue refunds for individuals who do not meet background check requirements. In the event that NGA cannot grant an applicant a membership, NGA will continue to provide paid applicants with access to other educational materials for their use. This access will be available to the applicant until the next July 31.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
National Gymnastics Association has no obligation to monitor the Communication Services. However, NGA reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. NGA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
National Gymnastics Association reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in NGA’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. National Gymnastics Association does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, NGA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NGA spokespersons, and their views do not necessarily reflect those of the NGA.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to NGA or posted on any NGA web page
National Gymnastics Association does not claim ownership of the materials you provide to NGA (including feedback and suggestions) or post, upload, input or submit to any NGA Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the National Gymnastics Association, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. National Gymnastics Association is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at NGA’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You will be able to connect your National Gymnastics Association account to third-party accounts. By connecting your NGA account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated, and administered by National Gymnastics Association from our offices in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NGA Content accessed through NGA in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While the Operator uses reasonable efforts to include accurate and up-to-date information on the Site, the Operator makes no warranties or representations as to its accuracy. The information contained on or made available through the Site cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. The Operator assumes no liability or responsibility for any errors or omissions in the content of the Site.
Neither the National Gymnastics Association nor any of their respective affiliates, owners, employees, directors, officers, or shareholders (collectively, the “Operator Parties”) make any representation that the materials contained on the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED ON THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE, OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL THE OPERATOR PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT ON THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATOR PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE OPERATOR PARTIES FOR ACCESSING THE SITE IF ANY.
The Site may contain links and pointers to other websites, resources, and advertisers of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operator or any affiliate of any third-party site or content. The Operator is not responsible for the availability of these third-party resources, or their contents. The Operator has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages, or other sites is at your own risk. By clicking on any such link, you acknowledge that the Operator has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operator with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or webmaster.
The Operator may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user’s email address if on record with the Operator, or by written communication sent by first class mail to a user’s address if on record with the Operator.
TERMINATION OF SERVICE
Software and other materials from the Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The Operator does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control laws.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Site that is requested to be removed;
- your name, address and daytime telephone number, and an email address if available, so that we may contact you if necessary;
- a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
The copyright agent for notice of claims of infringement on the Site can be reached by contacting National Gymnastics Association.
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
CHOICE OF LAW
LAST UPDATED: January 16, 2023
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