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USER AGREEMENT
Please carefully read the following User Agreement (“User Agreement”), which sets forth the terms and conditions governing your use of this website located at www.lebronjames.com (the “Site”). Using and/or visiting this Site constitutes your agreement to be bound by and act in accordance with, this User Agreement, the Site’s Privacy Policy (the “Privacy Policy”) and all applicable local, national and international laws and regulations. LRMR Management Company, LLC (hereinafter “LRMR”, “us”, “our” or “we”) reserves the right to change the User Agreement and/or the Privacy Policy at any time. Each time you use this Site, the current version of the User Agreement and the Privacy Policy will apply, and you should review the User Agreement and Privacy Policy for any changes that have been made since your last visit to the Site. However, any changes to the dispute resolution provisions set out in the Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.
By using and continuing to use the Site or by clicking to accept or agree to the User Agreement when this option is made available to you, you accept and agree to be bound and abide by these User Agreement and our Privacy Policy, incorporated herein by reference and revisions of the User Agreement and Privacy Policy. If you do not want to agree to this User Agreement or the Privacy Policy, you must not access or use the Site.
1. PRIVACY POLICY
Please read the Privacy Policy, which governs the manner in which LRMR will handle any personal information that you provide to us.
2. OWNERSHIP RIGHTS & USE OF SITE MATERIALS
You acknowledge and agree that all names, images, likeness, trademarks and service marks (whether registered or unregistered), logos, copyrighted material and other content and materials displayed on or used in connection with the Site, including all rights of publicity (collectively, the “Site Materials”) are the sole and exclusive property of, and are owned and controlled by, LRMR, its affiliates, owners, business partners and/or their respective licensors, content providers, contractors and/or other third parties. Nothing on this Site shall be construed as granting, expressly by implication or otherwise, any license or right to use any Site Materials without LRMR’s or the applicable owner’s prior written permission in each instance. LRMR reserves all rights in and to the Site and the Site Materials. The Site and the Site Materials (including but not limited to text, designs, graphics, interfaces and code, and the selection and arrangement thereof) is protected as a compilation under the copyright laws of the United States and other countries.
This User Agreement permits you to use the Site for your personal, non-commercial use only. You may not (a) modify the Site Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Materials for any public or commercial purpose; or (b) remove, obscure or otherwise deface proprietary notices appearing on the Site or any Site Materials, including copyright, trademark or other intellectual property notices.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the User Agreement, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by LRMR. Any use of the Site not expressly permitted by This User Agreement is a breach of This User Agreement and may violate copyright, trademark, and other laws.
3. USER ACCOUNT
In order to access some features of the Site, you may have to create an account. You may never use another individual’s account without permission. If and when you decide to create your account, you agree to: (a) provide accurate, current and complete information; (b) maintain and update your information about yourself as prompted by the appropriate registration form; and (c) comply with this User Agreement and the Privacy Policy. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to the Site. You are solely responsible for the activity that occurs on your account and you must keep your password secure. You must notify LRMR immediately of any breach of security or unauthorized use of your account. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account. You acknowledge and agree that LRMR may send you information and notices regarding your account and the Site by email, text message or any other means based on the information you provide to us.
4. AGE OF USERS
In accordance with the Children’s Online Privacy Protection Act of 1998, children under the age of 13 may not use the Site, and parents or legal guardians may not agree to this User Agreement on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by this User Agreement. If you are a parent or legal guardian agreeing to this User Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur.
5. INFORMATION YOU PROVIDE
You will retain ownership rights in material and content you own and that you post on or submit or upload to the Site, but LRMR will obtain certain rights in that material and content. Accordingly, by submitting, posting and/or uploading any material, information, suggestions, ideas, designs, concepts, know-how, techniques, questions, comments or any other communication or content in any form or in any manner to the Site (“User Communications”), you grant to us a royalty-free, worldwide, perpetual, fully sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display the User Communications, and/or to incorporate the User Communications in other works, and to exploit the foregoing in any manner and in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without attribution to, compensation to, or prior approval by, you or any other party (“User Communications License”). By making a User Communication, you represent and warrant that (i) you own all right, title and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Communications License described above, (ii) the User Communications, and the exercise by LRMR of the rights granted to it under the User Communications License in relation to such User Communication, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (ii) the User Communications do not contain software viruses, spiders, spybots, commercial solicitations, chain letters, mass mailings, any form of spam, or any other content prohibited under this User Agreement. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the User Communications that you may have under any applicable law. Other than Personal Information, which is defined in and subject to the Privacy Policy, any User Communications will be considered non- confidential.
6. USER INTERACTION
The opinions expressed by users and/or visitors of the Site (collectively, “Site Users”) are not necessarily those of LRMR, LeBron James or any entities thereof. All statements, advice, opinions expressed, and content provided by Site Users are those of such Site Users only, and we neither endorse nor shall be held responsible for such postings for any reason whatsoever, including but not limited to their reliability or accuracy. Under no circumstances will we be liable for any loss or damage caused by your reliance on information or materials obtained through the content and/or any postings or comments through the Site. Site Users are encouraged to use discretion when communicating with others and/or disclosing Personal Information online. LRMR has no control over, and shall have no liability for, any damages resulting from the misuse by any third party of information that you voluntarily make public through the Site or any part thereof. IF YOU CHOOSE TO MAKE YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
You are solely responsible and liable for (and LRMR shall not be responsible or liable for) your interactions with other Site Users. LRMR is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise between you and any other Site Users (“Interactions”), or any disputes arising therefrom. You hereby irrevocably release LRMR, LeBron James and/or any of their affiliates and third party services providers, and all their respective directors, officers, employees, owners, members, shareholders, partners, licensors, representatives and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Interactions or disputes between you and any other Site User.
This User Agreement is intended to be effective as a general release of and bar to all claims as stated in this Section. Accordingly, you expressly waive all rights under California Civil Code Section 1542, which states, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." You expressly, knowingly, and intentionally waive any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release. You acknowledges that the you may later discover claims or facts in addition to or different from those which the you now know or believe to exist with regards to the subject matter of this User Agreement, and which, if known or suspected at the time of executing this User Agreement, may have materially affected its terms. Nevertheless, you waive any and all claims that might arise as a result of such different or additional claims or facts.
7. PROHIBITED ACTIVITIES
You may not submit, post, upload or transmit any material or content on or through the Site that:
- violates or infringes in any way upon the rights of others;
- solicits, encourages, or promotes the use of illegal substances or activities;
- is unlawful, deceptive, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
- is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted hereunder);
- violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these User Agreement and our Privacy Policy;
- involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
- expresses or implies that any statements made by you are endorsed by LRMR or LeBron James;
- gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law; or
- contains nudity, obscene gestures, obscene language, advertising for products, commercial solicitations, services or websites and/or contact information (i.e. phone numbers, addresses, URLs or email addresses), political campaign letters, chain letters, mass mailings, spam, software or other materials that contain harmful or disruptive components (e.g. viruses, worms, time bombs, Trojan horses).
8. LINKS
We may, for your convenience, provide you with links to other websites from the Site (“Linked Sites”). LRMR is not responsible for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. LRMR does not control and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with the use of or reliance on any content, goods or services available on any Linked Site.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIAL AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE USER AGREEMENT, PRIVACY POLICY AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.
9. ACCURACY OF INFORMATION
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. LRMR endeavors to ensure the accuracy of the information included in this Site. However, LRMR takes no responsibility for errors or omissions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice.
10. COPYRIGHT INFRINGEMENT CLAIMS
To send a notice, please forward the following information to LRMR
Ventures, 3800 Embassy Parkway,
#360, Akron, Ohio 44333 Attn: Genevieve Pan,
[A1]
[A2]
social@lrmrventures.com:
- your address, telephone number, and email address;
- a description of the copyrighted work that you claim has been infringed;
- a description of the allegedly infringing material and of where the allegedly infringing material is located;
- a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11. MONITORING & REMOVAL OF CONTENT
We have the right, but not the obligation, to monitor the content and use of the Site to determine compliance with this User Agreement and any other operating rules established by us, or for any other reason or purpose. We reserve the right, in our sole discretion, to edit, refuse to post, or remove any content or materials submitted to or posted on the Site, for any reason, including if we find such material to be in violation of this User Agreement or otherwise objectionable or inaccurate. We also reserve the right, in our sole discretion, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, our Site Users; to comply with legal obligations or governmental requests; or for any other reason or purpose.
12. DISCLAIMER
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
NEITHER LRMR NOR ANY PERSON ASSOCIATED WITH LRMR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER LRMR NOR ANYONE ASSOCIATED WITH LRMR REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
USING, VISITING AND/OR BROWSING THE SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW AND WITHOUT LIMITING ANY OF THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, FREEDOM FROM COMPUTER VIRUS, OR NON- INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Information you submit to LRMR by email or otherwise in order to establish your User Account is subject to the Privacy Policy. Please note that we do not accept unsolicited ideas, designs or other materials for use in our business. We are not responsible for the similarity of any of our ideas, designs or other materials, to the ideas, designs or other materials transmitted or posted to the Site or otherwise submitted to us. Should you post, transmit or otherwise submit any unsolicited ideas, designs or other materials, you do so with the understanding that they shall be considered to be User Communications and subject to the User Communications License, and that you are waiving any claim against LRMR or its affiliates regarding the use of such ideas, designs or other materials or of any ideas, designs or other materials that are substantially or confusingly similar thereto.
13. LIMITATION ON LIABILITY
IN NO EVENT SHALL LRMR, LEBRON JAMES AND/OR THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, MEMBERS, SHAREHOLDERS, PARTNERS, LICENSORS, REPRESENTATIVES OR AGENTS (THE “LRMR PARTIES”), BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY CAUSE OR FOR ANY REASON, INCLUDING BUT NOT LIMITED TO (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE OR OF ANY CONTENT POSTED, EMAILED, SUBMITTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LRMR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LRMR PARTIES SHALL NOT BE LIABLE FOR “USER COMMUNICATIONS” OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Because some jurisdictions do not allow limitations on implied warranties, or limitation of liability for consequential or incidental damages, the above limitations in Section 12 and 13 may not apply to you. Check your local laws.
14. INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless LRMR, Lebron James and/or their affiliates and third party service providers, and their respective directors, officers, employees, owners, members, shareholders, partners, licensors representatives and agents, from and against all claims, demands, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of this User Agreement and/or the Privacy Policy; and/or (b) your use of, or access and/or activities in connection with, the Site, any Site Materials and/or any services related to the Site; (c) any content (including, without limitation any User Communications) you submit, post, transmit, upload, modify or otherwise make available through the Site, or your violation of any rights of any third party, including, without limitation, any copyright, property or privacy right; (d) any claim that the User Communications you submitted, transmitted or uploaded caused damage to a third party; and (e) communications and disputes between you and any other Site User or third party. We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.
15. TERMINATION
Your only right and/or remedy with respect to any dissatisfaction with (a) this User Agreement; (b) any policy or practice of ours in operating the Site, including, without limitation, the Privacy Policy; or (c) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
16. MISCELLANEOUS
You acknowledge and agree that this User Agreement, together with the Privacy Policy, constitutes the entire agreement between you and LRMR with respect to the use of the Site. BY USING THE SITE, YOU AFFIRM THAT YOU ARE EITHER MORE THAN 18 YEARS OF AGE, OR AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ACCEPT AND BE BOUND BY THIS USER AGREEMENT, AND THE CONDITIONS, OBLIGATIONS, AFFIRMATIONS AND WARRANTIES SET FORTH IN THIS USER AGREEMENT AND WILL ABIDE BY AND COMPLY WITH THIS USER AGREEMENT.
17. NO WAIVER AND SEVERABILITY
The failure on the part of LRMR to enforce any part of this User Agreement shall not constitute a waiver of any of LRMR’s rights hereunder for past or future actions.
If any provision of these User Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User Agreement will continue in full force and effect.
18. JURISDICTION
Any dispute over the content or use of the Site shall be governed by the substantive laws of the United States and the State of Ohio, and the jurisdiction and venue of any such action shall be vested solely in the federal and state courts located in Cleveland, Ohio.
19. DISCLAIMER
Reference herein to any specific commercial product, entity, service process, trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by LRMR Parties, including, without limitation, LeBron James. The views and opinions expressed on the Site do not necessarily state or reflect those of LRMR Parties, including, without limitation, LeBron James