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Terms and Conditions of the SmallBall User Agreement

    SmallBall.com provides its service (the "Service"), as it may be modified from time to time, to you subject to the terms and conditions of this User Agreement and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. SmallBall.com reserves the right to change these terms and conditions at any time. The changes will appear on this screen. By using the Service, you agree in advance to accept any changes.

  1. All materials used and displayed on the Service, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks and service marks, are the property of SmallBall.com or its affiliates or licensors and are protected by copyright, trademark, and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written permission of SmallBall.com or the appropriate affiliate.

  2. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SMALLBALL.COM MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, THAT SMALLBALL.COM WILL CORRECT ERRORS, OR THAT THE SERVICE WILL MEET ITS SPECIFICATIONS. NEITHER SMALLBALL.COM NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SERVICE.

  3. The Service may include features and pages that allow you and other users to exchange and/or forward messages and information, to provide feedback to SmallBall.com and its affiliates, and to post or transmit content, including but not limited to information, data, software, music, sound, graphics, video, or other materials. You agree not to transmit any unlawful, libelous, slanderous, intellectual property infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold harmless SmallBall.com, its subsidiaries, divisions, affiliates, agents, and representatives against any claim arising from any material that you transmit. If you post content to a publicly accessible area in the Service, you grant to SmallBall.com the non-exclusive, royalty-free, world-wide, perpetual, irrevocable, sub-licensable right to use, reproduce, translate, create derivative works from, incorporate into other works, and distribute and display such content, in whole or in part.

  4. Your use of the Service and the Sites is at your own risk. NEITHER SMALLBALL.COM, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE, OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO ACCESS OR USE THE SERVICE, THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SMALLBALL.COM AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE INFORMATION AVAILABLE THROUGH THE SERVICE.

  5. Any communication or material you post or transmit to the Service is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant SmallBall.com and its affiliates the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose. SmallBall.com may, in its sole discretion, remove any content that is available through the Service.

  6. SmallBall.com reserves the right to modify or discontinue the Service, in whole or in part, temporarily or permanently, without notice. SmallBall.com may terminate your account and your access to the Service at any time if you breach this User Agreement, if the account is inactive, or for any other reason.

  7. SmallBall.com and its affiliates do not review or monitor any websites linked to the Service and are not responsible for the content of any such linked websites. Your linking to such websites is at your own risk. This User Agreement and any disputes arising out of or related to the Service and the sites shall be governed by, and construed and enforced in accordance with, the laws of The State of California.

  8. SmallBall complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. '512, as amended). If you have any complaints or objections to material posted on the SmallBall web site, you may contact us at smallball@andnow.net

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