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Trophy Locker Terms of Use Agreement

 

This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user", “buyer” or "you") and Trophy Locker, and its partners, officers, and affiliated companies (collectively, "Trophy Locker" or "we" or "us" or "our"), concerning your access to and use of the www.trophylocker.com site as well as any other media form or media channel related or connected thereto (collectively, the "Site"). The Site’s Services are hosted in the United States.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Site. Persons under the age of 13 are not permitted to register for the Site or use the Site Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT TROPHY LOCKER MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SITE’S SERVICES OR THE SITE.

A. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Trophy Locker to share with others and how we collect and can use your content and information.  We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

B. Sharing Your Content and Information

You own all of the content and information you post on Trophy Locker, and you can control how it is shared through your Locker settings. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos ("IP Content"), you specifically give us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with Trophy Locker("IP License"). This IP License ends when you delete your IP Content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Trophy Locker, to access and use that information, and to associate it with you (i.e., your name and Locker picture).
  4. We always appreciate your feedback or other suggestions about Trophy Locker, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

C. Safety

We do our best to keep Trophy Locker safe, but we cannot guarantee it. We need your help to do that, which includes the following obligations:

  1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Trophy Locker.
  2. You will not collect users' content or information, or otherwise access Trophy Locker, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Trophy Locker.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will follow all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“Promotion”) on Trophy Locker.
  9. You will not use Trophy Locker to do anything unlawful, misleading, malicious, or discriminatory.
  10. You will not do anything that could disable, overburden, or impair the proper working of Trophy Locker, such as a denial of service attack.
  11. You will not facilitate or encourage any violations of this Agreement.

D. Registration and Account Security

Trophy Locker users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on Trophy Locker, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal Locker.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use your personal Locker for your own commercial gain (such as selling your status update to an advertiser).
  5. You will not use Trophy Locker if you are a convicted sex offender.
  6. You will keep your contact information accurate and up-to-date.
  7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  8. You will not transfer your account to anyone without first getting our written authorization.
  9. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

E. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on Trophy Locker that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on Trophy Locker if we believe that it violates this Agreement.
  3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  5. You will not use our copyrights or trademarks (Trophy Locker) or any confusingly similar marks, without our written permission.
  6. If you collect information from users, you will: obtain their consent, make it clear you (and not Trophy Locker) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  7. You will not post anyone's identification documents or sensitive financial information on Trophy Locker.
  8. You will not tag users or send email invitations to non-users without their consent.

F. About Advertisements

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

  1. We do not give your content or information to advertisers without your consent.
  2. You understand that we may not always identify paid services and communications as such.
     

G. Special Provisions Applicable to Pages

If you create or administer an Outfitter or Brand Page, you agree to our Outfitter and Brand Pages Terms.
 

H. Amendments

  1. Trophy Locker may modify this Agreement from time to time. Any and all changes to this Agreement will be reflected on the Site and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Site’s Services after any such modification posted on the Site becomes effective. Trophy Locker may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. Modifications to this Agreement shall be effective 15 days after being posted but shall not apply retroactively. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.
  2. Trophy Locker reserves the right at any time to modify or discontinue, temporarily or permanently, the Site’s Services (or any part thereof) with or without notice. You agree that Trophy Locker shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site’s Services.

I. Termination

If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Trophy Locker to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time.

 

J. Disputes

  1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Agreement or Trophy Locker exclusively in a state or federal court located in McAllen, Texas. The laws of the State of Texas will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Hidalgo County, Texas for the purpose of litigating all such claims.
  2. IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO YOUR ACTIONS, CONTENT OR INFORMATION ON TROPHY LOCKER, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATED TO SUCH CLAIM.
  3. WE TRY TO KEEP TROPHY LOCKER UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING TROPHY LOCKER AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT TROPHY LOCKER WILL BE SAFE OR SECURE. TROPHY LOCKER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR TROPHY LOCKER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR TROPHY LOCKER WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TROPHY LOCKER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

K. Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

  1. You consent to having your personal data transferred to and processed in the United States.
  2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on TROPHY LOCKER (such as advertising) or operate an application or website.

L. Definitions

  1. By Trophy Locker we mean the features and services we make available, including through (a) our website at www.trophylocker.com and any other Trophy Locker branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions).
  2. By information we mean facts and other information about you, including actions you take.
  3. By content we mean anything you post on Trophy Locker that would not be included in the definition of information.
  4. By data we mean content and information that third parties can retrieve from Trophy Locker.
  5. By post we mean post on Trophy Locker or otherwise make available to us.
  6. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

M. Other

  1. This Agreement makes up the entire agreement between the parties regarding Trophy Locker, and supersedes any prior agreements.
  2. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
  3. If we fail to enforce any of this Agreement, it will not be considered a waiver.
  4. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
  5. You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
  6. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  7. Nothing in this Agreement shall prevent us from complying with the law.
  8. This Agreement does not confer any third party beneficiary rights.
  9. You will comply with all applicable laws when using or accessing Trophy Locker.
  10. This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.

 

 
 
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