Thistle & Rose Sports Media, LLC DBA “Celts Connect”
Last Updated: March 8, 2021
This contract is a binding, legal document between Thistle & Rose Sports Media, LLC DBA “Celts Connect” (accessible from https://CeltsConnect.com), its subsidiaries and affiliates (collectively, “Celts Connect”
“We,” “Us”), and you governing the use of our websites and our services.
2. AGE REQUIREMENT
4. COMPLIANCE AND DISCLOSURE
Celts Connect reserves the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to our Services.
By accessing our websites and using our Services, you acknowledge and agree that Celts Connect may keep record of activities or content in connection with the Services. Celts Connect may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to:
Comply with the law or legal process; Enforce these Terms of Service; Respond to claims that the activities in connection with the Services that violate the rights of third parties; or To protect the rights, property, or personal safety of Celts Connect, Service users, or the public.
5. NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES
6. MODIFICATION OF TERMS
7. USE OF SERVICES
This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules:
a. Celts Connect Code of Conduct
Celts Connect gives users a virtual platform where they can interact and communicate with one another about interests, hobbies, and experiences. “User Posts” refer to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials—whether publicly posted or privately transmitted on the Celts Connect Services.
If you choose to post User Posts on the Celts Connect Services, we require that you adhere to generally accepted rules of etiquette and standards of behavior. Your use of our Services reflects your respect for the legal rights of users connected with Celts Connect. By using the Services and submitting User Posts, you understand that the User Posts are
By using Celts Connect and participating in the Celts Connect Services, you agree that your User Posts will not contain anything that is or could appear to be:
• Threatening, bullying, harmful, stalking another user, harassing, hateful;
• Racially, ethnically, or otherwise objectionable;
• Offensive language;
• Untrue, misleading, libelous, invasive to another person’s privacy or protected data;
• Pornographic, sexually explicit, unlawful or plagiarized;
• Infringing or allegedly infringing on a third party’s intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights;
• Anything that you do not have the legal right to transfer;
• Anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information;
• Unsolicited, undisclosed, or unauthorized advertising;
• Software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment;
• Data or information obtained by the unauthorized access of another’s computer or account with which such a posting or submission would constitute unauthorized use; and
• Any other post or submission that violates applicable local, state, national or international law, regulation or statute (including export laws).
Celts Connect takes conduct and use violations very seriously. If you use the Services in a prohibited way listed above, or if you use the Services in a way that Celts Connect deems to be unacceptable, it will result in immediate account suspension or cancellation and the possibility that Celts Connect will pursue civil remedies without providing advance notice.
b. Responsibility for User Posts
Any User Posts that are either posted publicly or privately on the Celts Connect Services is the sole responsibility of the user who posted it. Your access to the Celts Connect Services and User Posts is AT YOUR OWN RISK. Celts Connect cannot be held responsible for any damage resulting from errors or omission in User Posts or User Data or any damage that is
suffered as a result.
c. User Post Content Disclaimer
Celts Connect may contain User Posts or links to content that direct you to websites you find inappropriate or offensive. Celts Connect has no way to control nor does it have a duty to take any action with regard to how you interpret or use content on Celts Connect Services. You are solely responsible for how you view and interpret User Posts on the Celts Connect Services.
d. User Identity Disclaimer
While Celts Connect is a closed environment, Celts Connect cannot guarantee the identity of any users with whom you interact on our Services. Celts Connect also cannot guarantee which users gain access to the Services. Your use of the Celts Connect service is AS IS and AT YOUR OWN RISK.
8. MONITORING USER POSTS
Celts Connect expressly disclaims any and all liability in connection with User Posts. BY USING OUR SERVICES YOU UNDERSTAND AND AGREE THAT Celts Connect RESERVES THE RIGHT, BUT DOES NOT ASSUME RESPONSIBILITY, TO MONITOR USER POSTS ON OUR SERVICES. ALL CONTENT ON THIS WEBSITE IS PRESENTED TO YOU “AS IS” AND “AT YOUR OWN RISK.”
Celts Connect reserves the right to modify or remove User Posts in it sole discretion and without prior notice. Celts Connect also reserves the right to terminate a user’s account and access to Services at any time in its sole discretion and without prior notice.
a. Copy Restrictions
Celts Connect respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:
• decompile, disassemble, or electronically transfer our Services to third parties;
• modify our Services in any way;
• reverse engineer, or permit others to reverse engineer, our Services;
• copy the user manuals, help features, user forums and other documentation associated with our Services;
• rent, lend, publicly perform, present, broadcast or distribute our Services;
• make derivative works of our Services;
• translate our Services into another computer language;
• use our Services on a device that you do not own or control;
• permit multiple users to share a single user name to our Services; or
• copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in this Terms of Service.
b. Harmful or Illegal Use
By using the Services, you agree to respect Celts Connect and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:
• permit multiple users to share a single user name to our Services;
• undergo excessive use of CPU time, bandwidth, network capacity, disk IO, or storage space;
• use our network to send unsolicited bulk electronic mail messages (“Spam”);
• use “warez,” including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
• use or launch any automated system on our network, including (without limitation) “robots” or “spiders.”
• use BitTorrents or related technology on our servers;
• use a false email return address to confuse other users;
• attempt to access other networks or accounts that do not belong to you on our network;
• undergo any act that interferes with the Services of another user or network;
• circumvent security measures on the network or our Services;
• engage in illegal activities or engage in activities harmful to the operations of Celts Connect, our Services or other customers and users;
• use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, User Posts or other User Data;
• engage in terroristic activities;
• send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; or
• Provide false data on any of the Services.
9. INTELLECTUAL PROPERTY RIGHTS
The content provided in the Services, except all User Posts, is owned by or is licensed to Celts Connect. This includes, but is not limited to the text, graphics, photos and interactive features created by and for Thistle & Rose Sports Media, LLC DBA “Celts Connect” (collectively, “Celts Connect
Content”). This also includes trademarks, service marks, and logos contained in our Services (“Celts Connect Marks”), subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the Celts Connect Content or Marks.
The Celts Connect Content and Marks displayed on our Services are provided to you AS IS, for your information, and personal use only. Celts Connect Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of Celts Connect Content obtained through the Services for any commercial purpose.
10. COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide Celts Connect’s Copyright Agent with the following information:
• An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the allegedly infringing material is located on the Celts Connect Services, with enough detail that we are able to find it on the Services;
• Your Address, Telephone Number, and Email Address where you may be reached;
• A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, it’s agent, or the law;
• A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf;
Our Designated Copyright Agent to receive notifications of claimed infringement is:
ATTN: Copyright Agent
5325 Elkhorn Blvd #1127
Sacramento CA 95842-2526
11. USER DATA AND ACCOUNTS
a. User Data
Celts Connect does not own any data, information, or material that you submit to the Services (“User Data”). You, not Celts Connect, are fully responsible for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or the right to use all of the User Data. Celts Connect cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Data.
b. User Accounts
If your information changes, it is your responsibility to update your account to reflect these changes. If Celts Connect feels that your account information is not complete, current, or accurate, or that your account violates these Terms of Service, Celts Connect may suspend or terminate your account.
12. TERM AND TERMINATION
a. Termination or Cancellation by Celts Connect
Celts Connect reserves the right, at its sole discretion, to terminate your password, account, or use of the Services and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your failure to abide by these Terms and Conditions.
If Celts Connect suspends or cancels your account, your right to use the Services will stop immediately. Once your account is cancelled and deleted, you will not have access to any User Data that you contributed on our Services.
13. Celts Connect COMMUNICATIONS
A. ACCOUNT RELATED COMMUNICATIONS
Your use of the Celts Connect Services represents to Celts Connect that you consent to receive electronic communications relating to your account. We may send emails to the address you provide when subscribing for Celts Connect Services, or We may contact You directly on your “ACCOUNT INFORMATION” page.
You agree that any notice, agreements, disclosure or other communications that Celts Connect sends to You electronically will satisfy any legal communication requirements, including that such communications be in writing. It is your responsibility to print a paper copy or save electronically such communications.
B. MARKETING COMMUNICATIONS
Celts Connect may, from time to time, send you newsletters about new features and content and other promotional announcements. If you do not wish to receive these promotional communications, please click the “unsubscribe” link on Celts Connect emails, to remove yourself from this mailing list.
5. SUBSCRIPTION AND BILLING POLICIES
A. SUBSCRIPTIONS; GENERALLY
Celts Connect is a subscription-based Community Service. You must subscribe to Celts Connect and provide Us with your current credit card information to enjoy the Celts Connect Services and Media.
B. AUTHORIZED CREDIT CARD HOLDER
By providing Celts Connect with your credit card information or to one of Our payment processors, you represent to Celts Connect that you are the authorized user of the card, PIN, key or account associated with that credit card.
C. BILLING AUTHORIZATION
By subscribing to Celts Connect, you authorize Us to charge your credit card on a recurring basis for your subscription to Our Services. You understand and agree that Celts Connect will charge and process your subscription fees using a third-party payment processor. We may also require you to provide your address or other information in order to comply with Celts Connect’s obligations under applicable tax law.
You also agree to allow Celts Connect to charge your credit card, as needed, for other charges that you may accumulate in connection with your use of Celts Connect’s Services.
D. BILLING CYCLES; GENERALLY
Celts Connect automatically bills your credit card each month, or year (based on the subscription plan you select) on the day that corresponds with the start of your subscription (“Billing Cycle”). If you subscribed to Celts Connect on a date not contained in a given month, We will bill your credit card on the last day of that month. For example, if you became a Celts Connect monthly subscriber on January 31, We will bill your credit card on February 28.
Changing your credit card information may change the day on which you are billed. You acknowledge that the amount billed each Billing Cycle may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize Celts Connect to charge your credit card for the corresponding amounts.
E. PRICE CHANGES
We reserve the right to adjust subscription pricing in any manner and at any time as We may determine in Our sole and absolute discretion. Celts Connect will notify you of any price changes to your subscription. Any changes to Our pricing will take effect following email notice to you. Celts Connect will not be able to notify you of changes in any applicable taxes.
F. THIRD PARTY FEES
The issuer of your credit card may charge you a foreign transaction fee or other charges for subscribing to Celts Connect. It is your responsibility to check with your credit card issuer regarding these details.
G. Payment Information and Billing
i. Editing Personal Information.
You have the ability to control and edit the billing information you provide Celts Connect by signing into your account and clicking on the “MY ACCOUNT” page on the Celts Connect dashboard.
ii. Current Billing Information Required.
You must provide Celts Connect with your current billing information, and you are responsible for ensuring its accuracy. You are responsible for any charges associated with an expired card, insufficient funds, or additional charges that incur for any other reason.
iii. Changed Billing Information.
In the event that you change card or billing information, you continue to be responsible to pay the uncollected amounts and authorize Celts Connect to continue billing your new card, as it may be updated.
H. CANCELLING YOUR SUBSCRIPTION
You have the ability to cancel your Celts Connect subscription at any time and for any reason. Visit the “MY ACCOUNT” page on the subscriber dashboard and follow the directions for cancellation.
Cancellations are subject to our no refund policy listed below.
I. NO REFUNDS. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES. Following any cancellation, your will immediately lose access to your account. Accounts may be reactivated at any time. However, if you choose to not only discontinue billing cycles, but delete your account, all of your data will be permanently lost.
14 REPRESENTATIONS AND WARRANTIES
a. Celts Connect’s Representations and Warranties Celts Connect represents and warrants that in performing the Services provided in this Agreement that:
• It has the authority and is legally able to form a binding contract with you;
• It will, at a minimum, conform to generally accepted industry standards and practices;
• It will be qualified by education and experience to perform the duties required in this Agreement; and
• It is sufficiently staffed and equipped to fulfill its obligations under this Agreement.
YOUR REPRESENTATIONS AND WARRANTIES
By registering for and using our Services:
• You represent and you warrant that you are legally able to form a binding contract with Celts Connect, and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
• You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.
• You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.
• You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.
• You agree to immediately notify Celts Connect of any unauthorized use of your account or any other breach of security. Celts Connect will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
• You understand that all User Posts and User Data are the sole responsibility of the account owner from which the User Post or User Data originated. Celts Connect does not claim ownership to or responsibility for, any User Post or User Data.
• Celts Connect reserves the right, but does not assume the responsibility, to monitor or review any activity on Celts Connect’s Services. You agree that you are responsible for the conduct of your account and any User Data that is created, transmitted, stored, or displayed by, from, or within your account while using the Services. You will be held responsible for any consequences, legal or otherwise, that arise from your use of the Services.
• You agree that you will not engage in any activity that interferes with or disrupts Celts Connect services or servers or networks connected to Celts Connect services.
• You represent and you warrant that you will not use Celts Connect Services in any way considered “prohibited” (please read the “Use of Services” section above for more information). These actions are subject to the strict regulation of Celts Connect and are grounds for suspension or termination of your account.
By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless Celts Connect, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:
a. Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service;
b. Your use of and/or access (or any use or access by a third party on your account) to the websites or Services;
c. Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
d. The unavailability of websites or Services.
In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.
16. LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Celts Connect, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR
INABILITY TO USE THE Celts Connect SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Celts Connect HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO Celts Connect
SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO Celts Connect DURING THE PRIOR THREE MONTHS IN QUESTION.
17. INTERNET DELAYS
THE Celts Connect SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Celts Connect IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE
18. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Celts Connect SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE,
NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Celts Connect DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF Celts Connect SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A Celts Connect AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
19. EXCLUSIONS AND LIMITATIONS
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there will not be third party beneficiaries to the Terms of Service
21. NO AGENCY
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and Celts Connect by this Agreement.
You agree that Celts Connect may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Celts Connect Services.
a. Entire Agreement
purchase certain other Updates. The provisions limiting Celts Connect’s liability will survive the expiration or termination of this Agreement.
b. Choice of Law and Forum
The Terms of Service and the relationship between you and Celts Connect are governed by the laws of the California. You and Celts Connect agree to submit to the personal and exclusive jurisdiction of the courts located within Sacramento County, California.
c. Location and Data Transfers
Our Services and the servers that make the Celts Connect website available may not be located in the country where you live and are governed by U.S. Law. By using the Celts Connect services, you agree to the transfer, collection, processing and use of data by Celts Connect.
Celts Connect may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. Celts Connect may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This
Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
e. Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If Celts Connect does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by Celts Connect in writing.
f. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Celts Connect Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24. QUESTIONS OR ADDITIONAL INFORMATION
To evidence your agreement to these Terms of Service, you will click “I Accept” at the bottom of the registration page.