Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USING OR VIEWING THIS WEBSITE.

Welcome to our website (the “Website”). For purposes of this Agreement, the terms “we,” “us,” “our,” “SponsorBarn.com,” and refer to SponsorBarn.com, and “you” and “your” refers to you, as a user and viewer of our Website.

THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND US. PLEASE READ THIS DOCUMENT CAREFULY BEFORE CONTINUING TO CREATE YOUR ACCOUNT. BY CLICKING “YES, I ACCEPT THESE TERMS AND CONDITIONS,” YOU ARE AGREEING TO BE LEGALLY BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT CLICK ON “YES, I ACCEPT THESE TERMS AND CONDITIONS,” AND DISCONTINUE ACCESSING, VIEWING AND USING THIS WEBSITE.

This statement of Terms and Conditions (the “Terms and Conditions”) governs SponsorBarn.com’s relationship with users and others who access and view the Website. By using, viewing or accessing this Website you agree to the Terms and Conditions herein.

We may at any time modify these Terms and Conditions and your use of the Website will be conditioned upon the Terms and Conditions in force at the time of your use, access and viewing. SponsorBarn.com is a sponsorship networking service that allows sponsor seekers and individuals to create unique personal profiles online in order to find and communicate with one or more participating sponsors and other individuals. You may receive a copy of these Terms and Conditions by submitting a written request to SponsorBarn.com

1. Privacy

   Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use information about you. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

2. Sharing Your Content and Information

   In order for you to use this Website and for us to use certain types of content and information about you, you agree to the following:

   • For content or information you provide us that is covered by intellectual property rights, like photos and videos, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the content and information that you provide us.
   • When you delete content or information that you have previously provided us, the content may still be saved in backup copies of this Website.
   • Posting On the Website.

Please choose carefully the information you post on the Website and that you provide to others. Your profile may include personally identifiable items, including: last names, email addresses, telephone numbers, and street addresses. Do not include personally identifiable information in areas other than designated within your profile. We reserve the right, in our sole discretion, to reject, refuse to post or remove any profile, request for sponsorship, or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.

3. Safety

   We will take reasonable steps to keep your information safe, but we cannot guarantee safety of your information. You can help keep your information safe be committing to the following:

   • You will not send, provide or otherwise post unauthorized commercial communications on the Website.
   • You will not collect any information on the Website through the use of automated means.
   • You will not upload, send, provide, or otherwise post viruses or malicious code.
   • You will not solicit login information or access an account belonging to someone else.
   • You will not provide or otherwise post content or information that is hateful, threatening, pornographic, or that contains nudity or violence.
   • You will not advertise or otherwise market alcohol-related or other mature content.
   • You will not use this Website for any unlawful means or to do anything unlawful, misleading, malicious, or discriminatory.
   • You will not facilitate, encourage, or commit any violations of the Terms and Conditions.
4. Registration and Account Security

   Website users and viewers provide their real names and personal information. In order to maintain the security of the names and personal information, you agree to the following:

   • You will not provide any false personal information or create an account for anyone other than yourself.
   • You will not use this Website if you are a convicted sex offender.
   • You will keep your contact information and personal information accurate and current.
   • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
   • You will not transfer your account to anyone.
5. Protecting Other People’s Rights

   You shall respect the rights of other people, users and viewers of the Website and agree to the following:

   • You will not post content or provide any information that infringes someone else’s rights or otherwise violates the law.
   • We can remove any content or information if we believe it violates these Terms and Conditions, or for any other reason.
   • You will not use any of our copyrights, trademarks, or other protected information without our prior written permission.
   • If you collect any other user or viewer’s information, you will: obtain their consent, make it clear that you and not Sponsor Barn are the one collecting their information, and post a privacy policy explaining what information you collected and how you will use it.
   • You will not post anyone else’s identification information or financial information on the Website.
6. Payments

   If you make any payments to us, you agree to our Payment Terms. If you elect to make payments on the Website using a credit card, you hereby authorize us and any of our processors to charge all amounts owed as a result of your use of the Website to the credit card you provide us. You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates. We may also require a secondary credit card number to be used only if the payment to us by your primary credit card is declined. You shall additionally be responsible for and shall immediately pay us, on demand, any payments that are made to us that are subject to a subsequent reversal. You represent and warrant that the credit card information supplied to us is true, correct and complete, and payments made you will be honored by your credit card company, and you shall pay for all charges incurred through use of your login credential. You are solely responsible for payment of all sales and other taxes arising from your use and access of the Website.

7. Advertisers
   • You must have authority to place all advertisements.
   • You will pay for your advertisement on our Website within our Payment Terms.
   • Your advertisements must comply with our Advertisement Guidelines.
   • We will determine the size, placement and position of your advertisement.
   • We do not guarantee the activity that your advertisement will receive.
   • We cannot control how people interact with your advertisements, and are not responsible for improper actions that affect the cost of running advertisements.
   • You will not offer any contest, sweepstakes or promotion without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotion Guidelines and all applicable laws.
   • You can request your advertisement to be removed from the Website at anytime, but it may take us up to fifteen (15) days before the advertisement is actually removed from appearing on our Website.
   • We can use your advertisements and related information for marketing, promotional or other purposes.
   • We may reject or remove any advertisement for any reason.
8. Amendments
   • We can change these Terms and Conditions at any time and for any reason.
   • We will give you a minimum of three (3) days notice of any changes.
9. Termination

   If you violate these Terms and Conditions, or otherwise created possible legal exposure for us, we can stop providing access to all or part of the Website to you. You may also delete your account or disable your application at any time.

10. Disputes
    • You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to these Terms and Conditions or the Website in a state or federal court in Dallas, Texas. The laws of the State of Texas will govern these Terms and Conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to personal jurisdiction of the courts located in Dallas, Texas for the purpose of litigating all such claims.
    • If anyone brings a claim against us related to your actions or your content or information on this Website, 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 claims.
    • We will try to keep the Website up, bug-free, and safe, but you access, view, and use it at your own risk. We are providing this Website “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 this Website will be safe or secure and we are not responsible for the actions or content of third parties, and you release us 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. 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 these Terms and Conditions or the Website, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of these Terms and Conditions or this Website will not exceed the greater of One Hundred Dollars ($100.00) or the amount you have paid us in the past six (6) 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, our liability will be limited to the fullest extent permitted by applicable law.
    • You hereby indemnify and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise out of or relate to (i) your use of the Website; (ii) your breach of these Terms and Conditions and/or any breach of your representations and warranties set forth herein; (iii) any products you purchase through the Website and all product liability and other claims you may have against any others arising from the use of such products; (iv) any disputes you may have with others; and/or (v) your participation in any offline event.
11. Definitions
    • By “SponsorBarn.com” we mean the features and services we make available, including through (a) our website at www.sponsorbarn.com and any other Sponsor Barn branded or co-branded websites (including sub-domains, international versions, and mobile versions); and (b) other media, devices or networks now existing or later developed.
    • By “us,” “we” and “our” we mean “SponsorBarn.com” and/or its affiliates.
    • By “content” we mean the content and information you post on the Website, including information about you and the actions you take.
    • By “provide” or “post” we mean provide to or post on the Website or otherwise make available to us.
    • By “use,” “access” or “view” we mean, use, copy, publicly perform or display, distribute, modify, translate, view, read, review or create derivative works of.
12. License to Website

    Subject to your performance of these Terms and Conditions, including payment of all applicable fees, costs and expenses, we hereby grant you, a limited, terminable, personal, non-exclusive license to access and use the Website and the services contained herein solely as provided herein. Notwithstanding anything to the contrary herein, all rights no specifically granted in the license set forth above shall be reserved and remain always with us. You shall be exclusively responsible for the supervision, management, and control of your Website user login and password. You shall ensure that you properly exit the Website after each time you use, access or view the Website. We will not be liable for any loss or damage arising from your failure to comply with these Terms and Conditions or to properly use, access or view the Website. Your right to use the Website is not transferable. You will use, access and view the Website and its services in accordance with these Terms and Conditions and all applicable laws. We may, without notice, terminate your access to the Website and its services or take other actions that are reasonably necessary to comply with these Terms and Conditions or legal requirements in order to protect our networks’ information and security and the integrity of the Website and Sponsor Barn.

13. Restrictions.

    You are solely responsible for any and all acts and omissions that occur under your user login and password, and you shall not engage in unacceptable use or access of the Website, which includes use of the Website to transmit material or information that: (i) is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spam, or otherwise is an advertisement to, or solicitation of, any other user or viewer of the Website to buy or sell any products or services; (iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes an illegal or unauthorized copy of another person’s copywrighted work, such as utilizing images without authorization from photographers, providing information to circumvent manufacture-installed copy-protected devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii) provides material that exploits people under the age of 18 in a sexual, violent or unlawful manner, or solicits personal information from anyone under legal age; (viii) provides instructional information about illegal activities; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (x) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (xi) is deemed by us to be in conflict with the spirit or intent of these Terms and Conditions. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication and terminating the use or access of such violators.

14. Membership.

    Membership in the use or access to the Website and its services is void where prohibited. No one under the age of Fourteen (14) may use, access or view the Website unless we receive consent from a parent or legal guardian. By agreeing to these Terms and Conditions as a user of this Website, or parent/legal guardian of a user, you hereby warrant that you are at least eighteen (18) years of age, are legally capable of agreeing to these Terms and Conditions, and that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You are solely responsible for all content published or displayed through your account, including any requests or offers for sponsorship, messages sent to others, and for your interactions with all others.

15. Sponsorship

    There is no guarantee that sponsorship will be acquired or given as a result of using the Website. To the extent that you enter into a sponsorship transaction, you acknowledge that you may not disclose any third party any sponsorship information acquired through this Website, including, but not limited to, the terms of your sponsorship agreements, pricing, and any other information deemed confidential by the parties to the sponsorship transaction. You agree to follow all the requirements or terms as stated by your applicable sponsorship agreement.

16. Terms/Fees

    These Terms and Conditions shall remain in full force and effect while you use the Website. We may terminate your membership or disallow your use or access to the Website for any reason, effective immediately and upon sending notice to you at the email address you provide in your registration or such other email address as you may subsequently provide to us. If we terminate your membership, access or use because you have breached these Terms and Conditions, you shall not be entitled to the refund of any unused portion of fees you have paid to us. These Terms and Conditions shall survive for so long as required to give them effect. We reserve the right to charge for the use of the Website and have the right terminate rights to use the Website or its services should the user or viewer breach these Terms and Conditions or fail to pay for us as required by these Terms and Conditions. You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the Website. You shall be solely responsible for any telephone charges, internet access fees, and other such similar fees and expenses that you incur by accessing, viewing or using the Website or its services.

17. Website Shopping

    SponsorBarn.com and the Website are in association with certain sponsors (“Sponsors”). The Website may contain shops of Sponsors that sell products to individuals that the Sponsors sponsor. If a Sponsor sponsors you, you may be able to access its shop during the period of your sponsorship. Your correspondence to or transactions with Sponsors, including any purchases from their shops, and any other terms, conditions, actions, warranties or representations associated with such transactions, are solely between you and the Sponsor. SponsorBarn.com is not responsible for examining or evaluating, and we do not warrant the products of any of the Sponsors. We further disclaim and make no representations, guarantees or warranties as to any transaction conducted through any SponsorBarn.com shop, any products offered through the shops, or any other activity arising from or related to the shops. Products that are purchased through shops are purchased from the Sponsors only and not from us. In the event that you have a dispute with one or more of the Sponsors, you hereby release us, our agents, subsidiaries, representatives, principals, employees, directors and officers from any claims, demands and damages of every kind and nature, arising out of or in any way connected with such disputes.

18. Use

    The Website shall not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SponsorBarn.com. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses for the purpose of sending unsolicited email are strictly prohibited. Except as permitted by us, all advertisements, unsolicited mailings or advertisements to, or solicitation of, others to buy or sell any products or services through the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by us for any illegal or unauthorized use of the Website.

19. Proprietary Rights to Website.

    The content, organization, graphics, design, compilation, and other matters related to the Website are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. The posting of information or materials on the Website by us does not constitute a waiver of any rights in such information and materials. We exclusively own all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, compilations, magnetic translations, digital conversions and other materials included within the Website and related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website at any time without notice.

20. Our Rights to Your Content.

    You understand and agree that we may review and delete any content, news, messages, requests for sponsorship, offers for sponsorship, sponsorship agreements, photos, videos, comments, blogs or profiles (collectively, “Content”) that in our sole judgment violates these Terms and Conditions or which may be offensive, illegal or violate the rights, harm, or threaten the safety of others. You are solely responsible for the Content that you post, publish or display or any material or information that you transmit to others through the Website. By posting Content on any public area the Website, you automatically grant as well as represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and that we have the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

21. Consumer Protection Laws.

    This Website and all its services are business products, the application of which is commercial, rather than consumer-oriented, in nature. In accepting these Terms and Conditions, you recognize that consumer protection laws do not apply to the transactions and uses contemplated hereby.

22. Remedies. Links to Other Web Sites, Sponsors, And Services.

    To the extent this Website contains links to outside services and resources, you agree that your use of such links is solely at your own risk and that any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Sponsors and other outside service providers and resources, and their respective employees and agents are not related to SponsorBarn.com and we are not responsible for any of their conduct, acts or omissions

23. Miscellaneous.

    If any of these Terms and Conditions are held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce that or any other provision of the Terms and Conditions. In the event a dispute arises regarding the Terms and Conditions or the use of this Website, the prevailing party shall be entitled to recover reasonable attorney fees and costs incurred, in addition to damages and any other relief to which it is entitled.

24. Authority

    If you are agreeing to these Terms and Conditions on behalf of an entity, you represent and warrant that you have the authority from your respective governing body to agree to these Terms and Conditions and to bind your respective company.