The Upper Deck Company and Upper Deck Authenticated, Ltd. ("Upper Deck") maintains
this site (the "Site") for your personal entertainment, information, education,
and communication. Please feel free to browse the Site. You may download material
displayed on the Site for non-commercial, personal use only, and provided further
that you also retain all copyright and other proprietary notices contained on the
materials. You may not, however, distribute, modify, transmit, reuse, re-post, or
use the content of the Site for public or commercial purposes, including the text,
images, audio and video without Upper Deck's written permission. Your access to
and use of the Site is also subject to the following terms and conditions (the "Terms
and Conditions") and all applicable laws. By accessing and browsing the Site, you
accept, without limitation or qualification, the Terms and Conditions. Terms and
Conditions
1. You should assume that everything you see or read on the Site is copyrighted
material unless otherwise noted, and may not be used except as provided in these
Terms and Conditions or in the text on the Site without the written permission of
Upper Deck. Upper Deck neither warrants nor represents that your use of materials
displayed on the Site will not infringe rights of third parties not owned by or
affiliated with Upper Deck.
2. While Upper Deck uses reasonable efforts to include accurate and up to
date information in the Site, Upper Deck makes no warranties or representations
as to its accuracy. Notwithstanding the foregoing, Upper Deck assumes no liability
or responsibility for any errors or omissions in the content of the Site.
3. Your use of and browsing in the Site are at your risk. Neither Upper Deck
nor any other party involved in creating, producing, or delivering the Site is liable
for any direct, incidental, consequential, indirect, or punitive damages arising
out of your access to, or use of, the Site. Without limiting the foregoing, everything
on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions
may not allow the exclusion of implied warranties, so some of the above exclusions
may not apply to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties. Upper Deck also assumes no responsibility,
and shall not be liable for, any damages to, or viruses that may infect, your computer
equipment or other property on account of your access to, use of, or browsing in
the Site or your downloading of any materials, data, text, images, video, or audio
from the Site.
4. Any communication or material you transmit to the Site by electronic mail
or otherwise, including any data, questions, comments, suggestions, or the like
is, and will be treated as, non-confidential and non-proprietary. Anything you transmit
or post may be used by Upper Deck or its affiliates and related entities for any
purpose, including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, Upper Deck is free to use any ideas,
concepts, know-how, or techniques contained in any communication you send to the
Site for any purpose whatsoever including, but not limited to, developing, manufacturing
and marketing products using such information.
5. Images of people or places displayed on the Site are either the property
of, or used with permission by, Upper Deck. The use of these images by you, or anyone
else authorized by you, is prohibited unless specifically permitted by these Terms
and Conditions or specific permission provided elsewhere on the Site. Any unauthorized
use of the images may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
6. The trademarks, logos, and service marks (collectively, the "Trademarks")
displayed on the Site are registered and unregistered Trademarks of Upper Deck and
others. Nothing contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark displayed on the
Site without the written permission of Upper Deck or such third party that may own
the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on
the Site, or any other content on the Site, except as provided in these Terms and
Conditions, is strictly prohibited. You are also advised that Upper Deck will aggressively
enforce its intellectual property rights to the fullest extent of the law, including
the seeking of criminal prosecution.
7. Upper Deck has not reviewed all of the sites linked to the Site and is
not responsible for the content of any off-site pages or any other sites linked
to the Site. Your linking to any other off-site pages or other sites is at your
own risk.
8. Although Upper Deck may from time to time monitor or review discussions,
chats, postings, transmissions, bulletin boards, and the like on the Site, Upper
Deck is under no obligation to do so and assumes no responsibility or liability
arising from the content of any such locations nor for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy
contained in any information within such locations on the Site. You are prohibited
from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material or any material that
could constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law. Upper Deck will fully
cooperate with any law enforcement authorities or court order requesting or directing
Upper Deck to disclose the identity of anyone posting any such information or materials.
9. Software from this Site is further subject to United States Export Controls.
No software from this Site may be downloaded or exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
to which the United States has embargoed goods; or (ii) anyone on the United States
Treasury Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the software, you represent
and warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
10. Upper Deck may at any time revise these Terms and Conditions by updating
this posting. You are bound by any such revisions and should therefore periodically
visit this page to review the then current Terms and Conditions to which you are
bound.
11. The materials in Upper Deck's web sites are generally presented for the
purpose of entertainment, education and promotion of Upper Deck's products available
in the United States, its territories, possessions, and protectorates. This site
is controlled and operated by Upper Deck from its offices in Carlsbad, California,
United States of America. Upper Deck makes no representation that materials in Upper
Deck's site is appropriate or available for use in other locations. Those who choose
to access this site from other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
12. This agreement shall be governed by, construed and enforced in accordance
with the laws of the State of California, as it is applied to agreements entered
into and to be performed entirely within such State. Any action you, any third party
or Upper Deck brings to enforce this agreement or, in connection with, any matters
related to this site shall be brought only in either the state or Federal Courts
located in San Diego County, California, and you expressly consent to the jurisdiction
of said courts. If any provision of this agreement shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties relating to the matters
contained herein and shall not be modified except in writing, signed by Upper Deck.
Copyright 2006. The Upper Deck Company. All rights reserved.