Terms of Use

Colts.com^TM Website

Welcome to the colts.com^TM website. It is provided for entertainment purposes only. Use of this website or its services is offered to you conditioned on your acceptance of our terms of use. They are at: www.colts.com/termsofuse. Your use constitutes your agreement to the following:

Terms of use

In consideration of your use of this Website or any of its services, you agree as follows:

1. Access. The Colts.com^TM Website contains websites, web pages, and services operated by Colts.com or its affiliates ("Sites/Services"). Access to them is conditioned on your acceptance without modification of these Terms of Use which are a contract between you and Colts.com. If any of the terms here conflict with additional terms in the Sites/Services, these Terms of Use control.

   Children under the age of 13 are not authorized to post messages or participate in the Sites/Services (except specifically on www.colts.com/kids). Colts.com reserves the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request in our sole discretion.

2. Changes. Colts.com reserves the right to change any terms, including such things as charges for using Sites/Services. You are responsible for regularly checking, and continued use of the Sites/ Services is your agreement to all changed terms.

3. Personal Use. The Sites/Services are for your personal, private, and non-commercial use. Unless otherwise specified, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any part of the Sites/Services. If you're not sure about the meaning of any of these terms or limitations, please contact us at Questions below.

4. Materials you submit. All submissions must be original works by you. Before submitting anything to colts.com, all names of persons must be changed to fictional names which do not in any way identify the actual persons involved

   For everything you submit for review by the general public ("Submission" or "Submissions"), you grant Colts.com, its affiliated companies and necessary sublicensees, a non-exclusive, royalty-free, transferable, perpetual license to use such Submissions throughout the world in any manner or medium ("License"). The License includes 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 it.

   Nothing will be paid by Colts.com, its affiliated companies or necessary sublicensees for the License. We are under no obligation to post or use any Submission. By making a Submission, you warrant and represent that you own or control all rights necessary to comply with this terms.

5. Communication Services. The Sites/Services may contain e-mail services, bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets or other facilities allowing you to communicate with others ("Communication Services"). By using them, you agree to abide by their terms. We have no obligation to monitor Communication Services.

   We reserve the rights to review what you post, remove anything in our sole discretion, and terminate your communication services or sites/services access, at any time, without notice, for any reason whatsoever, and without liability of any kind to you.

   Colts.com does not control or endorse the content in any Communication Service and specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in them. Managers and hosts may not be authorized Colts.com spokespersons, and their views do not necessarily reflect our views. Materials uploaded to a Communication Service may be subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

6. No Unlawful Use. You agree to not use the Sites/Services for any unlawful or prohibited purpose. This includes anything which could damage, disable, overburden, or impair the Sites/Services or any other party's use of them. Aside from applicable criminal or civil laws, you agree as a condition of use that you will not gain or attempt to gain unauthorized access to any Sites/ Services, or their accounts, computer systems or networks, through hacking, password mining, or other means. You may not obtain or attempt to obtain any materials, works, or data through any means not intentionally made available by the Sites/Services.

7. Links. Any Sites/Services links to third party websites are not under our control, and we are not responsible for their contents or links within them. Colts.com is not responsible for transmissions you receive from third party websites or for their failure to work properly. The links are provided only as a convenience, and that does not imply our endorsement of them. You are responsible for abiding by their terms of use.

8. Third Party Dealings. Your dealings with anyone other than Colts.com by such things as participating in promotions, buying goods or services, or supplying personal data, are solely between you and the third party. Colts.com is not responsible or liable for any part of such dealings.

   You agree to indemnify and hold Colts.com, its parents, subsidiaries, affiliates, officers, agents, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Sites/Services.

9. Copyrights & Trademarks. All software and content made available to view or download in connection with the Sites/Services, excluding that made available by end users through a Communication Service, ("Software/Content") are: Copyright (c) 2005 Indianapolis Colts, Inc. and/or its suppliers. All rights reserved. Colts, Indianapolis Colts, Horsepower, and the Colts' horseshoe logos are trademarks of Indianapolis Colts, Inc. . All rights not expressly granted herein are reserved. Your use of the Software/Content is subject to the terms of any applicable end user license agreement.

   For Software/Content not accompanied by an end user license agreement, Colts.com grants you a revocable, personal, non-transferable license to use the Software/Content for private viewing and use in accordance with these Terms of Use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. Reproduction or redistribution of Software/Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software/Content to any other server or location for further reproduction or redistribution is expressly prohibited. The Software/Content and any accompanying documentation and/or technical information, are subject to applicable export control laws and regulations of the USA.

10. Liability/Warranty Disclaimer. While Colts.com does its best to ensure the optimal performance of the Sites/Services, you agree that you use them and rely on material contained in them AT YOUR OWN RISK. The Sites/Services and all materials in them are provided "as is" and, to the fullest extent permitted by law, are provided WITHOUT WARRANTIES OF ANY KIND either express or implied. This means, without limitation, that Colts.com DOES NOT WARRANT that any site is fit for any particular purpose, contains workmanlike effort, owns titles or is non-infringing; that the functions contained in the materials will be uninterrupted; that defects will be corrected; that the Sites/Services are free of viruses or other harmful components, or that they are accurate, error free or reliable. You acknowledge that Colts.com, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

    Colts.com IS NOT LIABLE for any defamatory, threatening, infringing, offensive, or illegal conduct or material of others found in the Sites/Services, including that transmitted by any means by any other person. You acknowledge that Colts.com is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Sites/Services. This disclaimer and limitation applies to all potential claims, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have 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 sites/services, or with any of these terms of use, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES/SERVICES.

11. General. This agreement is governed by the laws of the State of Indiana, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Marion County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the Sites/Services. Use is unauthorized in any jurisdiction that does not give effect to these Terms of Use, including this paragraph. No joint venture, employment, or other legal relationship exists between you and Colts.com as a result of this agreement or use of the Sites/Services.

    If any of these terms is held invalid or unenforceable, then it will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remainder of the agreement shall continue in effect. Unless otherwise specified and acknowledged by us in these terms, this is the entire agreement between you and Colts.com with respect to the Sites/Services. It supersedes all prior or contemporaneous communications between you and Colts.com concerning them. A printed version of these Terms of Use and any notices given in electronic form shall be admissible in judicial or administrative proceedings based relating to this agreement to the same extent and subject to the same conditions as other business documents originally in printed form.

12. Questions, etc. Questions, concerns or complaints about the Sites/Services should be directed to Daniel Plumlee 555098.