Agreement between User and grindcitymedia.com
Welcome to grindcitymedia.com! This site is operated by Memphis Basketball, LLC d/b/a Grind City Media (“GCM”). Please read this document (the “Terms and Conditions”) before using grindcitymedia.com (the “Website”) the GCM app (for mobile phones, tablets and other devices), and/or associated content offerings (the Website, the GCM app, and associated content offerings are referred to collectively in these Terms and Conditions as the “Site”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to these Terms and Conditions. Please read these Terms and Conditions carefully, and keep a copy of them for your reference.
Visiting the Site, communicating with GCM, and posting on the Site all constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you opt to register for any portion of this Site, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If GCM has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, GCM shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Mobile Service (or any portion thereof). You acknowledge and agree that GCM shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Site or the Mobile Service or your account. You further agree that GCM is authorized to verify such Registration Data.
You acknowledge and agree that GCM may rely on the Registration Data to send you important information and notices regarding your account and the Site. From time to time, we may send you newsletters and other promotions by email or SMS. You can unsubscribe from our newsletters and other promotions through the unsubscribe mechanism contained in the applicable message.
Children Under Thirteen
GCM 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 the Site only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of GCM and GCM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GCM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GCM of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site or the grindcitymedia.com domain, you hereby acknowledge and consent that GCM may share such information and data with any third party with whom GCM has a contractual relationship to provide the requested product, service or functionality on behalf of grindcitymedia.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms and Conditions. As a condition of your use of the Site, you warrant to GCM that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site and services on the Site, such as text, graphics, logos, images, audio and video content, as well as the compilation thereof, and any software used on the Site, is created by and is the property of GCM or its suppliers/vendors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. GCM content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of GCM and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of GCM or our licensors except as expressly authorized by these Terms and Conditions. We reserve the right to remove or disable access to any content that violates any third party’s intellectual property or other rights or otherwise violates our usage policies.
Use of Communication Services
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.
GCM has no obligation to monitor the Communication Services. However, GCM reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GCM reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
GCM 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 to remove any information or materials, in whole or in part, in GCM’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. GCM does not control or endorse the content, messages or information found in any Communication Service and, therefore, GCM 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 GCM spokespersons, and their views do not necessarily reflect those of GCM.
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.
Certain areas of the Site may provide mobile alerts and other mobile entertainment content (including the Communication Services) via SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (the “Mobile Service”). You acknowledge and agree that the Mobile Service is for your personal use and may be used only on your personal mobile device (“Mobile Device”). To the extent the Mobile Service requires designation of your Mobile Device during a registration or other process, the Mobile Service may only be used on the designated Mobile Device. You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Mobile Service, including, but not limited to, any mobile alert (a “Mobile Alert”). You may not, or attempt to: circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Service. Additionally, the Mobile Service constitutes part of the Site and is therefore subject to the other provisions of these Terms and Conditions.
In order to use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a “Carrier”), or otherwise have access to a mobile communications network for which we make the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device. There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. In addition, you are responsible for ensuring that your equipment and/or software do not disturb or interfere with GCM’s operations. Any equipment or software causing interference with GCM’s operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by GCM. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense.
When you agree to receive text messages, you also consent to the use of an electronic record to document your agreement. To stop receiving text messages from GCM, simply text STOP to the short code provided in the text messages that you no longer wish to receive.
By signing up to receive texts, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent, legal guardian or account holder to sign up for text messages and to fulfill the obligations and agree to the terms set forth in these Terms and Conditions, which form a binding agreements between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts. The number of text messages you receive from GCM may vary significantly.
Materials Provided to grindcitymedia.com or Posted on the Site
GCM does not claim ownership of the materials you provide to grindcitymedia.com or the Site (including feedback and suggestions) or post, upload, input or submit to the Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting GCM, our affiliated companies, vendors 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. GCM is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GCM’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.
DMCA Notices for Claims of Copyright Infringement:
a. Takedown requests
We shall respond expeditiously to notices of alleged copyright infringement received by us under the United States Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, to remove, or disable access to, material that is claimed to be infringing or to be the subject of infringing activity. If you believe that your copyright rights have been infringed, please notify us immediately through our designated DMCA agent listed below and registered with the U.S. Copyright Office.
For us to respond, the DMCA notice must provide the following information: (i) a physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the copyright owner; (ii) a clear identification of the copyrighted work that is claimed to be infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the online material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including, if possible, a URL representing a link to the material on our website or social media platforms; (iv) information sufficient to permit us to contact the complainant, such as email address, physical address, and/or telephone number; (v) a statement that the complainant has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the above information is accurate, and that the complainant is the copyright owner, is authorized to act on behalf of the copyright owner, or is the owner of an exclusive right that is allegedly infringed.
b. Submission of Takedown requests
You may submit takedown requests using the following contact information:
Memphis Basketball LLC, d/b/a Grind City Media
191 Beale Street
Memphis, TN 38103
Designated Agent: John J. Pugliese
c. DMCA Counter-Notices
We take reasonable steps promptly to notify any subscriber that we have removed or disabled access to material posted by the subscriber in accordance with the DMCA. If you believe that your material has been removed by mistake or misidentification, you may provide us with a written counter-notification through the above DMCA contact, containing the following information: (i) your name, address, telephone number, and (if available) email address; (ii) identification of the material that has been removed or to which access has been disabled, and the location (URL) at which the material appeared on our site before it was removed or access to it was disabled; (iii) the following statement made under penalty of perjury: “I have a good-faith belief that the material was removed or disabled due to a mistake or misidentification of the material to be removed or disabled”; (iv) a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your mailing address is located, or if your address is outside of the United States, any jurisdiction in which the service provider (Memphis Basketball, LLC) may be found, and that you will accept service of process from the person (or their agent) who filed the original DMCA notice; and (v) your electronic or physical signature.
Upon receipt of a valid counter-notification, we will promptly forward it to the complaining party who submitted the original DMCA notification and advise that original party that we will replace the removed material or cease disabling access to it in ten (10) business days. The original party (or their representative) will then have ten (10) business days to notify us that a legal action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network. If we do not receive any such response notification within ten (10) business days, we shall replace the removed material and/or cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the counter-notice.
d. Repeat Infringers
We reserve the right to terminate the accounts or block usage of any person or entity who is a repeat infringer or who is repeatedly charged with infringement. Additionally, to the extent required by law or under these Terms, we may permanently delete from our site and platforms any content whose creation or use violates any applicable laws or otherwise violates these Terms.
Software and other materials from this Site may also be subject to United States Export Control laws, which prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) 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. GCM does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
YouTube Terms Of Services
Please visit the YouTube Terms of Service page for more information.
Third Party Accounts
You will be able to connect your GCM account to third party accounts. By connecting your GCM 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 Site is controlled, operated and administered by GCM from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use any Site content accessed through grindcitymedia.com or the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless GCM, its officers, directors, employees, agents, app vendors and providers, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GCM reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GCM in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and GCM agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GRIND CITY MEDIA, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GRIND CITY MEDIA, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GRIND CITY MEDIA, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRIND CITY MEDIA, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GRIND CITY MEDIA, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
GCM reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Tennessee and you hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GCM as a result of this agreement or use of the Site. GCM’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GCM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by GCM with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and GCM with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GCM with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to these Terms and Conditions
Notice & Contact
GCM may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user’s e-mail address if on record in GCM’s account information, or by written communication sent by first class mail to a user’s address if on record in GCM’s account information. You may give notice to GCM (such notice shall be deemed given when received) at any time by any of the following means:
A. electronic mail to firstname.lastname@example.org
B. letter delivered by first class postage prepaid mail or courier to Grind City Media, LLC, at the following address:
Grind City Media LLC
191 Beale Street
Memphis, TN, 38103
Attn: Legal Department
GCM also welcomes your questions or comments regarding these Terms and Conditions:
Grind City Media, LLC
191 Beale Street
Memphis, Tennessee 38103
Attn: Legal Department
Email Address: email@example.com
Effective as of July 01, 2019