Terms and Conditions

Bowlerzone.com’s Terms of Service

Effective Date: March 10, 2010

Thank you for visiting Bowlerzone.com. The following Terms of Service (“TOS”) contain the terms and conditions that govern your use of the website www.Bowlerzone.com (the Website). These TOS set forth the agreement between you (“Site User”) and Bowlerzone, LLC a Colorado limited liability company (“Bowlerzone”) (collectively, the “Parties”) concerning the respective rights and responsibilities of the Parties arising from your use of the Website and Services. Your use of the Website constitutes your acceptance of these TOS. You may not use the Website until you review and agree to these TOS.

1. Services

Bowlerzone offers various Internet-based Services through the Website (the “Services”). Such Services include but are not limited to providing web based content, on-line chat groups and forums, message boards and customizable on-line user profiles and stat trackers. Bowlerzone reserves the right to add or delete any of its Services at any time. Users who would like to utilize the Services must establish a user profile. Bowlerzone may, at its option offer a number of other additional Services in the future through its Website. If additional Services are offered, Bowlerzone may in its sole discretion adopt additional rules, regulations, or terms of service concerning the additional Services.

2. License for Services and Website

Bowlerzone grants you a personal, non-transferable, limited, revocable license to access and use the Website and the Services for their intended purposes only, subject to your compliance with these TOS. You may not collect or otherwise use information contained on the Website for any purpose which is not directly related to your use of the Website or Services, including, but not limited to any Prohibited Purpose as determined by Bowlerzone. Examples of “Prohibited Purposes” as used in this Section include but are not limited to the creation of unauthorized derivative works based on the Website, making copies of the Website for purposes other than standard web browser cashing, or use of the information for the purpose of competing with Bowlerzone. Any use of the Services or the Website that violates the TOS or the limited license contained herein, may result in the immediate, without prior notice, termination and revocation of the license granted to you.

3. Rules & Policies

3.1 Prohibited Uses

Under the limited license granted in Section 2 above, you may only use the Services as expressly permitted by Bowlerzone. Prohibited uses include, but are not limited to the following:

1) any use that interferes with a third parties ability to use or enjoy the Services;
2) any use of the Services that threatens, harasses, or intimidates any other User of the Services or any third party;
3) impersonating another individual or entity;
4) any use of spiders, robots, or any other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of web page search engine functions or hit counters contained on your Site Customer profile;
5) reverse engineering, decompiling, or disassembling any software or other technology used in conjunction with the Website or the Services;
6) collecting or attempting to collect any electronic information concerning any Users or Viewers of the Services or Website, such as email addresses or other Personal Information unless such collection is done in conjunction with the legitimate conduct of business;
7) interfering with or disrupting the Website or Services by using viruses, spyware, or any other programs or technology designed to disrupt or damage any software or hardware;
8) use of any meta tags, search terms, key terms, or keywords which contain Bowlerzone.com’s name, trademarks, or the unauthorized use of any name or trademarks of any other person or entity;
9) any use or action that directly or indirectly assists or encourages any third party to engage in the above mentioned prohibited uses or otherwise violate these TOS.

3.2 Privacy Policy

In the course of offering the Services and operating the Website, Bowlerzone collects certain Personal Information and Non Personal Information from you. By entering into these TOS, you agree to Bowlerzone’s collection, use, and disclosure of your Personal Information in accordance with Bowlerzone’s Privacy Policy, which is hereby incorporated by reference.

4. Representations and Warranties

4.1 Representations and Warranties of the Parties

The Parties represent and warrant to each other that: (i) they have the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of their obligations under these TOS does not constitute a breach of or conflict with any other agreement or arrangement by which either party is bound, and (iii) these TOS are a legal, valid, and binding obligation of the parties entering into these TOS, enforceable in accordance with their terms and conditions.

4.2 User Representations and Warranties

You represent and warrant to Bowlerzone.com that your use of the Services will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party and will comply with all applicable laws, rules, and regulations. You further represent and warrant to Bowlerzone that you are the true owner of the User Supplied Content and that the content is free from any and all liens, encumbrances, or any other restrictions on your right to display or use the content, and that there are, to the best of your knowledge, no pending or threatened claims, demands, or litigation concerning any of the User Supplied Content. Furthermore, you represent to Bowlerzone that Bowlerzone will not be required to make any payments such as licensing fees or royalties to any third party in connection with the User Supplied Content. Lastly, you warrant that the User Supplied Content does not violate Section 3.1 of this TOS.

5. Warranty Disclaimer

BOWLERZONE PROVIDES THE WEBSITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOWLERZONE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SERVICES OR THEIR USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS. BOWLERZONE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION: WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.

6. Limitations

6.1 EXCLUSION OF DAMAGES

BOWLERZONE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.2 LIMITATION OF LIABILITY

EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE AMOUNTS PAID, IF ANY, TO THE OTHER DURING THE PREVIOUS SIX MONTHS.

7. Indemnification

You will indemnify and hold Bowlerzone and its employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the “Indemnified Parties”) harmless from any damage, loss, or expense, including without limitation, attorneys’ fees and costs, incurred in connection with any third-party claim, demand, or action (a “Claim”) brought against any of the Indemnified Parties alleging that you have breached any of these TOS through any act or omission. If you are required to indemnify Bowlerzone under this Section, Bowlerzone will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Bowlerzone’s prior express written consent.

8. Termination

Bowlerzone may suspend or terminate your use of the Website or the Services if it believes, in its sole and absolute discretion, that you have breached a term of these TOS. Notwithstanding Bowlerzone’s termination of your permission to use the Website or Services, these TOS will survive indefinitely unless and until Bowlerzone chooses to terminate them. If you or Bowlerzone terminates your use of the Website or the Services, Bowlerzone may delete any User Supplied Content or other materials relating to your use of the Services on Bowlerzone’s servers or otherwise in its possession and Bowlerzone will have no liability to you or any third party for doing so.

9 . Notice

All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, (iii) electronic mail or (iv) if notice is given by Bowlerzone, by a posting on the main page of the Website. If you give notice to Bowlerzone, you must use the following address: support@Bowlerzone.com. If Bowlerzone provides notice to you, Bowlerzone will use the contact information provided by you to Bowlerzone.. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.

10. Dispute Resolution

Any action relating to these TOS, the Services, or your use of the Services will be brought in a federal or state court located in the City and County of Denver, Colorado. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Colorado State courts in the City and County of Denver, Colorado. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to, or connected with these TOS or your use of any part of the Services or the Website must be asserted individually. Notwithstanding anything to the contrary in this Section, Bowlerzone may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

11. Choice of Law

These TOS, and any other Agreement incorporated by reference in these TOS shall be governed by laws of the State of Colorado, without regard to its conflicts of laws principals.

12. Assignment

The TOS will be binding upon each party hereto and its successors and permitted assigns. These TOS cannot be assignable or transferable by you without the prior written consent of Bowlerzone.

13. Entire Agreement

These TOS, all of the policies and other Agreements mentioned in these TOS, which are each hereby incorporated herein by reference, contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

14. No Waiver

No failure or delay by a party in exercising any right, power, or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

15. No Partnership or Joint Venture

You and Bowlerzone are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS.

16. Severability

The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.

17. General

17.1 Intellectual Property Rights

All intellectual property rights and all other rights, title, and interest in and to the Services and Website, except as expressly provided for in the TOS are and shall remain the exclusive property of Bowlerzone.com. Such rights include, but are not limited to, any and all trademark rights including rights to the marks BOWLERZONE.COM; BOWLERZONE and all copyrights in and to the Website, and any proprietary rights used in providing the Service, including, but not limited to computer software and hardware interfaces. You cannot acquire any right, title, or interest in or to the above mentioned rights through your use of the Services or Website under this TOS or otherwise

17.2 Rights to Submissions and Other Information

By your use of the Services or Website, you consent and agree that any questions, comments, suggestions, ideas, or any other information whether submitted via email, telephone, US mail, Fax, contest submission, or appearing on any message board or chat group, excluding any User Supplied Content as defined herein (collectively “Submitted Information”), you hereby grant Bowlerzone permission to use such Submitted Information for marketing and other promotional purposes without any payment to you, including the right to sublicense. Furthermore you agree that Bowlerzone will have no obligation to keep any Submitted Information confidential. You will not bring a claim and hereby forever waive any and all claims against Bowlerzone based on “droit moral”, moral rights, or any other legal or equitable theory from Bowlerzone’s use of the Submitted Information.

17.3 Age

In order to use the Services, you must be of sufficient age that you can lawfully enter into and form contracts under applicable law (generally 18 years of age). If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Services are not intended for and may not be used by children under the age of 13.

17.4 Monitoring

Bowlerzone reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Bowlerzone determines, in its sole and absolute discretion, that you or another Website User will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Bowlerzone may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

17.5 Modification of the Service

Bowlerzone reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website without any further notice to you. For certain changes to the TOS, Bowlerzone may, at its option, notify you by email at the email address in our then current records. If any modification is unacceptable to you, your only recourse is to discontinue the use of our Website and Services. Your continued use of the Bowlerzone Website following the posting of a change notice or new TOS on the Website will constitute affirmative and binding acceptance by you of the changes.

17.6 Third-Party Services

Bowlerzone may, in its absolute discretion use third parties to provide certain Services. These third party independent contractors and vendors and are not related to Bowlerzone and Bowlerzone does not exercise any control or supervision over such contractors and vendors or the Services that they provide. You agree that Bowlerzone will not be liable to you in any way for the use of such third party Services. These third parties may have their own terms of use and other policies which govern their Services. By utilizing these Services you agree comply with such terms and policies. In the event of a conflict between Bowlerzone’s and a third party’s TOS, rules or policies, Bowlerzone’s TOS, rules, or policies shall govern.

17.7 Compliance with TOS and Applicable Law

You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to above, and all applicable laws, regulations, and rules when you use the Services and the Website.

Bowlerzone.com’s Privacy Policy

Effective Date: March 10, 2010

Bowlerzone, LLC (“Bowlerzone”) values its Site Users and the privacy of our Site Users’ Personally Identifiable and Non Personally Identifiable Information (collectively “Personal Information”), and recognizes that our Site Users may be concerned about how we collect, use, and disclose Personal Information. Therefore, we have implemented the following Privacy Policy to govern our use of our Site Users’ Personal Information. By using the Website and the Services, you are accepting the practices and activities as described in this policy. Any questions concerning this policy or the use of Personal Information may be directed to privacy@Bowlerzone.com.

Types of Information Collected

Personally Identifiable Information

When you register as a Site User Bowlerzone collects certain Personal Information from you. Personal Information is information that can be used to identify you personally, and includes but is not limited to your name, address, phone number, and email address. Furthermore, if Bowlerzone incorporates paid for services into the Services offered on the Website and you utilize those services, Bowlerzone will receive certain credit card, PayPal or other payment information information from you.

Non Personally Identifiable Information

When you visit the Website we collect certain Non Personal Information. This is generalized information and cannot be used to easily identify you personally. Such information includes but is not limited to your IP address, your ISP, your browser type, your operating system, your clickstream patterns, the URL of the most recent Website you visited before coming to the Website, the amount of time you spent on our site, and the pages you viewed while on our site.

Methods of Collection

Bowlerzone collects your Personal Information in several different ways. First, we collect information when you provide it to us when registering as a Site User, when you set up a profile or utilize certain other Services, or when you communicate with us directly via e-mail or the Website. We also employ commonly used analytic and reporting software technologies to collect certain Non Personally Identifying Information such as your IP address, your ISP, your browser type, your operating system, your clickstream patterns, the URL of the most recent website you visited before coming to the Website the amount of time you spent on our site, and the pages you viewed while on our site.

Use of Personal Information

Personally Identifiable Information

Personal Identifiable Information is mainly used for Bowlerzone’s own internal purposes in order to provide the Services to you including but not limited to customer service issues, maintaining and improving the Website, and providing and improving the Services.

Non Personally Identifiable Information

Bowlerzone uses Non Personally Identifiable Information to track and analyze the usage and performance of the Website and Services. Bowlerzone uses this information internally to assist in determining changes and/or upgrades to the Website, whether to add or discontinue specific Services, and for internal market analysis purposes.

Disclosure of Personal Information

In general, we do not disclose Personal Information to third parties without your prior consent. However, we reserve the right to do so in certain limited situations as identified below:

1) Disclosure to Third Party Service Providers

In the course of providing you the Services, we may at our option use third party service providers to provide some or all of the Services you may request in your use of the Website. An example of this would be the use of third party online payment processing companies to process payments made by you to Bowlerzone for any fee based Services. We make all commercially reasonable efforts to make sure that these third party vendors use your Personal Information only to the extent necessary to provide the Services to you. However, we cannot guarantee that a third party vendor will not disclose your Personal Information.

2) Disclosure to Other Third Parties

We reserve the right to disclose your Personal Information to protect or enforce Bowlerzones rights, or the rights of a third party, to prevent an emergency, or as may be required by law, including but not limited to, complying with subpoenas or court orders.

3) Successors in Interest

We may also disclose your Personal Information to any successor in interest to our company, including, but not limited to any third party company that may acquire or merge with Bowlerzone. In the event of a merger or sale of all or substantially all of the assets of Bowlerzone, your Personal Information will most likely be part of the transaction. If such a transaction happens, we will notify you by the methods listed in the Terms of Service concerning the transaction and the transfer of your Personal Information.

4) Disclosure of Non Personally Identifiable Information

We may disclose any Non Personally Identifiable Information we collect to our strategic business partners, potential business partners, investors, advisors and customers. This information is usually disclosed in terms of aggregate numbers. Since the information cannot be traced back to you directly, you may not “opt out” of our use of such Non Personally Identifiable Information.

Security of Personal Information

We employ commercially reasonable technology and systems to protect your Personal Information from unauthorized access and disclosure. For example, sensitive information is transmitted to us in an encrypted format using secure socket layer technology. However, no protection methods are 100% secure, and therefore we cannot guarantee the 100% security of your Personal Information. We are not responsible for any disclosure of Personal Information due to any errors in transmission of your information, or any unauthorized third party access or any other acts by third parties, or any acts or omissions beyond our reasonable control.

Public Nature of Certain Website Content

The Services provided by Bowlerzone now or in the future may be accessible by the public. Examples of publically accessible information include, but are not limited to your Site User Profile, posts by you in our discussion area and other forums or discussion boards hosted by Bowlerzone. We are not responsible for third parties uses of any Personal Information contained in these public disclosures.

The Use of Cookies

Bowlerzone uses “cookies” (small files placed on your hard drive) for several different purposes. We use cookies to help identify you and reduce the number of times you need to sign-in to the Website, and to personalize and track your use of the Website. Most cookies are session cookies, meaning they are automatically deleted from your hard drive at the end of a session. Our use of cookies does not track or otherwise utilize any of your Personal Information. You may encounter cookies from third parties on certain pages of the Website that we do not control; please consult the privacy policy for each third party for more information on their particular usage of cookies.

Receipt of Marketing Materials

You may “opt out” from receiving marketing materials from us at the time you are providing us with the Personal Information. For example, when becoming a Site User with us, you will have the opportunity to decide whether you want to receive additional promotional materials from us in the future. If at any time you wish to discontinue receiving promotional materials from Bowlerzone please follow the instructions for removal contained on the most recent communication from Bowlerzone, email privacy@Bowlerzone.com.

or write to:

Bowlerzone.com
PO Box 5427
Greenwood Village, CO 80155

Information Concerning Children

Our Services are only for those adults and children over the age of 13. We do not knowingly collect any information from children under the age of 13. We will affirmatively delete any information which we have knowledge came from or pertains to a child under the age of 13. Children between the ages of 13 and 18 may use our Website and Services only under the supervision of a parent or legal guardian. If you are a parent or legal guardian of a child between the ages of 13 and 18 and you do not want your child’s Personal Information in our records, or do not wish to receive communications from us, please contact us by emailing privacy@Bowlerzone.com.

Changes to this Privacy Policy

Bowlerzone reserves the right to make changes to this privacy policy in its sole discretion from time to time. Any notification of the changes to the privacy policy shall be made in accordance with the Terms of Service for the Website. If you receive a notification of a change in this Privacy Policy, you must review the policy prior to your continued use of the Website and the Services. Your continued use of the Website and the Services after notification of a change to this Privacy Policy shall constitute your affirmative acceptance of any such change.

Bowlerzone User Supplied Content Policy

Effective Date: January 1, 2011

Welcome to Bowlerzone, LLC’s (“Bowlerzone”) User Supplied Content Policy (“Content Policy”). This policy governs all content Site Users up load to the Website for use with the Services provided by Bowlerzone. This policy is issued under Bowlerzone’s Terms of Service (“TOS”). Any capitalized terms not defined herein, shall have the same meaning ascribed to them in the TOS. Bowlerzone resereves the right to make changes to this policy at any time in its sole discretion. You will be notified of changes in this policy as provided for in the TOS.

Ownership of User Supplied Content:

Site Users may only upload Content to the Website that you have legitimate rights to or have permission from the owner to use. By uploading the content you are warranting to Bowlerzone.com that your use of the Content in conjunction with the Services does not violate or infringe on any third party’s right in or to the Content.

Prohibited Content or Uses:

Additionally, you may not upload any User Supplied Content that is:

1) generally offensive or inappropriate as determined by Bowlerzone.com in its sole discretion;
2) obscene or pornographic;
3) libelous, slanderous or otherwise defamatory;
4) designed or intended to harass, threaten, or intimidate others;
5) in violation of any applicable, rule, law regulation or ordinance;
6) exploits the images or likeness of minors;
7) infringing on any right of a third party including, but not limited to any rights relating to trademarks, copyrights, trade secret, trade dress, patent, right of publicity, or rights of privacy.

Monitoring Content.

Bowlerzone reserves the right to monitor the Content you upload to the website and remove or block such content that it deems, in its absolute discretion, to be in violation of this policy, without any liability to you or any third party.