Welcome to the websites of San Diego Bowl Game Association, dba Sports San Diego (“Sports San Diego,” “we,” “us,” and “our”). These Terms of Service (“Terms”) apply to all websites, portals, or pages owned or operated by Sports San Diego, including those accessible through the domain and subdomains: www.sportssandiego.org, www.radychildrensinvitational.com, www.holidaybowl.com (the “Sites”). Please read the Terms carefully prior to using the Sites.
General Uses and Restrictions
By accessing and using the Sites, you agree on your behalf and on behalf of any entity or person on whose behalf you are accessing the Sites to abide by the Terms. Sports San Diego permits you to use and access the Sites for lawful purposes only and only in a manner consistent with the Terms. Your agreement to the terms is a condition of being granted access to, and use of, the Sites. If you do not agree with the Terms, you may not access the Sites and must exit immediately.
By accessing the Sites, you represent that you are at least 18 years of age, have the authority to agree to these Terms on your own behalf and on behalf of any organization or entity on whose behalf you are using or accessing the Sites, and that all information provided by you is accurate.
You agree not to use the Sites to:
- violate any applicable law.
- Send unsolicited marketing materials, including junk email, spam, or chain letters.
- post, transmit, or otherwise make available any material that is (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right without the express prior written consent of the applicable owner.
- post, insert, transmit, or otherwise make available any malicious or harmful software that is intended to (a) make unauthorized changes to or cause damage to any hardware, software, or equipment; (b) copy, provide unauthorized access to, or prevent authorized access to confidential information or personal information; or (c) prevent detection of any unauthorized invasion of nay hardware, software or equipment.
- harvest or collect information about users of the Sites.
- interfere with or disrupt the operation of the Sites.
- reproduce, copy, modify, adapt, translate, creative derivative works of, sell, resell, license, sublicense, rent, lease, loan, distribute, or otherwise exploit any portion of the Sites except as expressly authorized by us.
- reverse engineer, decompile, or disassemble any portion of the Sites.
- remove any copyright, trademark, or other proprietary notices from the Sites.
- frame or mirror any portion of the Sites, or otherwise incorporate any portion of the Sites into any product or service.
- systematically download and store Sites content.
- use any robot, spider, application, or other device to retrieve, index, scrape, mine, or otherwise gather Sites content.
With respect to any content you submit to us through the Sites, including but not limited to content that portrays the voice, image, or likeness of any person (“User Content”), you represent and warrant at all times that: (i) you own the User Content or otherwise have the right to grant us a license to use such content, (ii) submission of the User Content to us does not violate any copyright, trademark, trade secret or other intellectual property right of any third party, and (iii) submission of the User Content to us does not violate the privacy rights, publicity rights, or any other rights of any person or entity.
By submitting User Content to the Sites, you grant Sports San Diego and its employees, affiliates, agents, licensees, sublicensees, brand partners, production partners, social media platforms, contractors, successors, legal representatives, assigns, third-party service providers, marketing or public relations agencies and other related parties a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit, and distribute the User Content in any form, medium, or technology now known or later developed.
Third-Party Links and Content
The Sites may contain hyperlinks to third-party websites and content from third parties. When you access third-party websites or content through the Sites, you do so at your own risk. We do not investigate, monitor or check the accuracy or completeness of such third-party websites or content, and we are not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside thereon or therein. The inclusion of any third-party content or hyperlink to a third-party site does not necessarily imply endorsement by us of that content or site. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any third-party site or third-party content.
As between you and us, we own the intellectual property rights to the Sites’ contents, including, but not limited to, the text, graphics, and images on the Sites.
The contents of the Sites may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove, alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Sites or any of its contents. We retain all rights, title, and interests in the Sites’ contents unless expressly stated otherwise.
THE SITES AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITES ARE PROVIDED “AS IS.” SPORTS SAN DIEGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES. SPORTS SAN DIEGO DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF (I) MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
You agree to defend, indemnify, and hold harmless Sports San Diego, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses relating to or arising from (i) your use of the Sites, (ii) your violation of the Terms, (iii) your violation of any third party rights relating to or arising out of your use of the Sites, or (iv) your violation of any law or regulation relating to, or arising out of, your use of or access to the Sites.
Limitation of Liability
SPORTS SAN DIEGO AND ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE THAT SPORTS SAN DIEGO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.
YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES. YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF SPORTS SAN DIEGO FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WILL BE $100.
This Agreement is governed by and construed in accordance with the laws of California without giving effect to any choice or conflict of law provision or rule.
Disputes will be resolved by binding arbitration through Judicate West and shall be governed by its Commercial Arbitration Rules. Each party shall bear their own fees and costs. The arbitrator shall issue a written award supported by findings of fact. The arbitrator shall have the right to award attorneys’ fees and costs to the prevailing party.
The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Notwithstanding the foregoing, the Parties agree that suit may be brought in the state or federal courts located in San Diego County, California, to enjoin infringement or other misuse of intellectual property rights.
These Terms constitute the entire agreement between you and Sports San Diego relating to the Sites. These terms supersede any and all prior or contemporaneous agreements or understandings between you and Sports San Diego.
If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the provision shall be stricken. All other terms will remain in full force and effect.
No failure to exercise, or delay in exercising any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof. Likewise, no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Changes to these Terms
We may periodically update these Terms. Any changes will appear on this page. If you do not agree with any of the Terms, your sole remedy is to stop using the Sites and our services.
If you have any questions about these Terms, you may contact us at:
San Diego Bowl Game Association, dba Sports San Diego
4909 Murphy Canyon Road, Suite 110
San Diego, CA 92123
Effective October 30,2023