| Acceptance of Terms of Use
The OnlineWaterPoloVideos.com shall be used to respresent the website at the domain http://www.OnlineWaterPoloVideos.com. These Terms of Use govern your use of the OnlineWaterPoloVideos.com files, videos and services. By using, visiting, or browsing the OnlineWaterPoloVideos.com service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the OnlineWaterPoloVideos.com service or website.
These Terms of Use are an ongoing contract between you and OnlineWaterPoloVideos.com and apply to your use of the OnlineWaterPoloVideos.com files, videos and services. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
OnlineWaterPoloVideos.com reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the OnlineWaterPoloVideos.com website.
Privacy
Any personally identifying information submitted through the OnlineWaterPoloVideos.com service or on the OnlineWaterPoloVideos.com website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
How Our Service Works
OnlineWaterPoloVideos.com is an online service providing a comprehensive library of water polo videos for sale ("games") on standard definition disk (referred to herein as "DVD") or that may be streamed over the Internet. We offer games that you may download, watch online or have shipped to you for varying prices. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate or price our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
Features & Functionality
Watch Instantly
OnlineWaterPoloVideos.com allows you to instantly watch available games on your personal computer. The quality of the display of the games may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your internet connection.
Availability and Time Limits: Games that you purchase must be downloaded or watched within three days. To view the details of your specific orders, click the "File Downloads " link on the "Your Account" page.
Start Time: The time it takes to begin watching a game instantly will vary based on a number of factors, including your available bandwidth at the time, the game you have selected and your computer or device system configuration. In addition, you must be connected to the Internet throughout the viewing experience.
System Requirements and Device Limitations: To enjoy watching games via your personal computer, your equipment must satisfy certain system requirements. Click here to view the various system requirements.
END USER LICENSE AGREEMENTS: BY USING OUR WATCH GAMES INSTANTLY FUNCTIONALITY, YOU ACKNOWLEDGE AND AGREE (1) TO THE ONLINEWATERPOLOVIDEO.COM AND THIRD-PARTY SOFTWARE END USER LICENSE AGREEMENTS FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE ONLINEWATERPOLOVIDEO.COM AND THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR WATCH INSTANTLY FUNCTIONALITY.
We do not warrant that any of the software used and or licensed in connection with our watch instantly functionality will be compatible with other third party software nor do we warrant that operation of our watch instantly functionality and the associated software will not damage or disrupt other software or hardware. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.
We reserve, in our sole and absolute discretion, the right to withdraw the watch instantly functionality entirely from our service or to limit, condition, terminate, charge for or otherwise modify your use of the watch games instantly functionality at anytime without notice; provided however, we will give you notice before we institute any additional charges for the watch games instantly functionality.
In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all games may not be viewed, or may cease being viewable, through the watch instantly functionality on some or all personal computers.
Download Games
Games are delivered as Disk Images that are playable in NTSC format. PAL format downloads are not available. PAL format is predominately used in Europe, China, Australia, Southeast Asia, parts of Africa and South America). These games are downloadable for your convenience so that you may make one copy of the game for your own personal use.
Mail Order Games
Applications
The OnlineWaterPoloVideos.com website may contain links to websites or links and/or other connections to applications (including, without limitation, websites, widgets, software, or other software utility) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by us. Unless otherwise noted on this website, these Applications are provided solely as a convenience to you, and we are not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your account.. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold OnlineWaterPoloVideos.com harmless for the sharing of information relating to your account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application. In addition, that Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. You may revoke an Application's access to your account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. Certain Applications may be appear to be associated with or sponsored by OnlineWatePoloVideos.com. While these Applications may utilize OnlineWaterPoloVideos.com trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not OnlineWaterPoloVideos.com, unless otherwise indicated by OnlineWaterPoloVideos.com. ONLINEWATERPOLOVIDEOS.COM DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
Account Access; Identity Protection
In order to provide you with ease of access to your account, OnlineWaterPoloVideos.com implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the site. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers should log out at the completion of each visit. If you sell or return a computer, you should logout before doing so. If you fail to log out, subsequent users may be able to access your account information. To logout, go to Logout of OnlineWaterPoloVideos.com
If you find that you're a victim of identity theft and it involves an OnlineWaterPoloVideos.com account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. OnlineWaterPoloVideos.com reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity.
Disclaimers of Warranties and Limitations on Liability
ONLINEWATERPOLOVIDEOS.COM, INCLUDING ALL DVDS, INSTANT STREAMING MEDIA, DOWNLOADABLE FILES, FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ONLINEWATERPOLOVIDEOS.COM SERVICE, THE WEBSITE AND ITS CONTENTS. ONLINEWATERPOLOVIDEOS.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ONLINEWATERPOLOVIDEOS.COM SERVICE, INCLUDING SHIPMENT OF DVDS AND USE OF OUR WATCH GAMES INSTANTLY FUNCTIONALITY, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT ONLINEWATERPOLOVIDEOS.COM MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING OUR WATCH INSTANTLY FUNCTIONALITY, OR ANY OTHER ASPECTS OF THE ONLINEWATERPOLOVIDEOS.COM SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. ONLINEWATERPOLOVIDEOS.COM SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, FILES AND DISKS, AS DEFINED IN THE APPLICATIONS SECTION ABOVE. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) content contained on or defects with DVDs from the OnlineWaterPoloVideos.com service, including damage or defects occurring or caused during shipment; (ii) errors or omissions in the content (including DVDs) delivered by the OnlineWaterPoloVideos.com service or on the OnlineWaterPoloVideos.com website; (iii) recommendations or advice of Customer Service; (iv) any failures, mis-shipments, delays, or interruptions in the shipment of DVDs; (v) any failure or interruption in the availability of the OnlineWaterPoloVideos.com service and/or website, including availability of our watch instantly functionality; (vi) delivery and or display of any content contained on the OnlineWater PoloVideos website or through the OnlineWaterPoloVideos.com service, including any games via our watch instantly functionality or DVDs; and (vii) any losses or damages arising from the use of the content provided on the OnlineWaterPoloVideos.com website or the OnlineWaterPoloVideos.com service itself, including any losses or damages arising from watching instantly and/or downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, OnlineWaterPoloVideos.com instant streaming games or DVDs or any conduct by users of the OnlineWaterPoloVideos.com service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on games from the OnlineWaterPoloVideos.com service or the descriptions of any game content contained on our website. We do not represent or guarantee that your use of the OnlineWaterPoloVideos.com files, videos and services will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon OnlineWaterPoloVideos.com or its affiliated parties.
In no event shall OnlineWaterPoloVideos.com, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the OnlineWaterPoloVideos.com website, its contents or the OnlineWaterPoloVideos.com service, including any DVDs, instant games, features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the OnlineWaterPoloVideos.com service, including any DVDs, OnlineWaterPoloVideos.com downloadable or streaming media, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one DVD. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Functionality Compatibility
OnlineWaterPoloVideos.com MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE COMPATIBILITY OF YOUR COMPUTER WITH OUR WATCH GAMES INSTANTLY FUNCTIONALITY. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our watch instantly functionality.
Intellectual Property
Copyright
The OnlineWatePoloVideos.com instant games and all content included on the OnlineWatePoloVideos.com Web site and delivered the service, including DVDs, games you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of OnlineWatePoloVideos.com, or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of OnlineWatePoloVideos.com and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from OnlineWatePoloVideos.com or its suppliers. You agree to adhere to the restrictions set forth in these terms of service. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the OnlineWatePoloVideos.com website, not to insert any code or product or manipulate the content of the OnlineWatePoloVideos.com website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. OnlineWatePoloVideos.com reserves the right to terminate your account hereunder if OnlineWatePoloVideos.com, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the OnlineWatePoloVideos.com instant game viewing restrictions, copying of downloads and DVDs sold to you by us, the unauthorized use of our instant game watching feature, the OnlineWatePoloVideos.com software or the copying or other unauthorized use of our proprietary content. OnlineWatePoloVideos.com does not promote, foster or condone the copying of DVDs or any other infringing activity. The use of the OnlineWatePoloVideos.com website, including DVDs sold to you by us and the OnlineWatePoloVideos.com online games is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the OnlineWatePoloVideos.com website.
Media and Website Content
We distribute online and offline media and we reserve the right to display and promote information on our website to you in any manner we choose in our sole and absolute discretion. In addition, the OnlineWatePoloVideos.com website may allow you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the OnlineWatePoloVideos.com website are those of the respective authors or producers and not of OnlineWatePoloVideos.com or its shareholders, directors, officers, or employees. Under no circumstances shall OnlineWatePoloVideos.com or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the OnlineWatePoloVideos.com website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the OnlineWatePoloVideos.com website.
Use of Information Submitted
OnlineWaterPoloVideos.com is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to OnlineWatePoloVideos.com ("Feedback"), including responses to questionnaires or through postings to the OnlineWatePoloVideos.com website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the OnlineWatePoloVideos.com website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note OnlineWatePoloVideos.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to OnlineWatePoloVideos.com. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against OnlineWatePoloVideos.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Electronic Communications
By using the OnlineWatePoloVideos.com, you consent to receiving electronic communications from OnlineWatePoloVideos.com. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured games or other entertainment information or offerings. These communications are part of your relationship with OnlineWatePoloVideos.com. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Customer Service
If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service Representative.
Your Conduct on the OnlineWatePoloVideos.com Website
By accessing the OnlineWatePoloVideos.com website, you agree to use the OnlineWatePoloVideos.com service, including all DVDs, features and functionalities associated therewith, the Web site and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the OnlineWatePoloVideos.com website. You also agree not to interfere with the servers or networks connected to the OnlineWatePoloVideos.com website or to violate any of the procedures, policies or regulations of networks connected to the OnlineWatePoloVideos.com website. You also agree not to impersonate any other person while using the OnlineWatePoloVideos.com website, conduct yourself in a vulgar or offensive manner while using our service, or use the OnlineWatePoloVideos.com website for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to make purchases on OnlineWaterPoloVideos.com. While individuals under the age of 18 may utilize the site, they may do so only with the involvement of a parent or legal guardian. While OnlineWaterPoloVideos.com does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Profiles"). Unless otherwise specified, our service and the content on the OnlineWaterPoloVideos.com website, including content viewed through our instant game watching functionality, are for your personal and non-commercial use only and we grant you a limited license to access the OnlineWaterPoloVideos.com website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the OnlineWaterPoloVideos.com website without our express written consent. OnlineWaterPoloVideos.com does not promote, foster or condone the copying of DVDs, digitally delivered content, or any other infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OnlineWaterPoloVideos.com without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the OnlineWaterPoloVideos.com name or trademarks without our express written consent. Any unauthorized use of the OnlineWaterPoloVideos.com website or its contents will terminate the limited license granted by us.
Right to Terminate
We reserve the right to terminate or restrict your use of our service or purchase of our products, without notice, for any or no reason whatsoever.
Claims of Copyright Infringement
It is the policy of OnlineWaterPoloVideos.com to respect the intellectual property rights of others. OnlineWaterPoloVideos.com does not promote, foster or condone the copying of DVDs or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the OnlineWaterPoloVideos.com website, or know of someone who is making unauthorized use of the content of the OnlineWaterPoloVideos.com website, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the OnlineWaterPoloVideos.com website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have 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;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Our copyright notice email address is support@OnlineWaterPoloVideos.com . Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address. For queries that are not related to copyright matters, please see other ways to contact us.
Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. OnlineWatePoloVideos.com shall have the right to terminate the account of any member who posts infringing material.
Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:
OnlineWaterPoloVideos.com
Attn: DMCA Notification
3030 SKYLAR LANE
INDIANAPOLIS, IN 46208
Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of laws provisions. You and OnlineWaterPoloVideos.com agree that the United States District Court and/or the California Superior Court covering Indianapolis, Indiana shall have exclusive jurisdiction over any dispute between you and OnlineWaterPoloVideos.com relating in any way to the OnlineWaterPoloVideos.com service or Web site or these Terms of Use. You and OnlineWaterPoloVideos.com expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
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