ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE.
These TERMS apply to the complete website which consist of the following domain names: VarsityOverdrive.com, ClydeDerrick.com and 10minutebreak.com
ENTERTAINMENT NEWS AND INFORMATION GENERAL DISCLAIMER
The views expressed via submitted material, interviewed individuals, and staff writers, do not represent the views of the owners/operators of this online magazine. This online magazine is for entertainment purposes only and should NOT be used as a substitute for a qualified, accredited, or licensed psychologist, licensed counselor or others who work in a professional occupations. Links provided to national help lines are for convenience. There are several local resource available to you.
The materials and services at this site are provided "as is" without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. varsityoverdrive.com obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this site should be construed to alter such agreements. varsityoverdrive.com/clydederrickmedia.com further does not warrant the accuracy and completeness of the materials or services at this site. varsityoverdrive.com/clydederrickmedia.com may make changes to the materials and services at this site, or to the products and prices described in them, at any time without notice. The materials and services at this site may be out of date, and varsityoverdrive.com makes no commitment to update the materials and services at this site. Information published at this site may refer to products, programs or services that are not available in your country. Consult varsityoverdrive.com business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
SITE FOR ENTERTAINMENT
The information given on this site is meant as entertainment only and should not be taken as true in nature, professionally inspired, or safe. Since the information on this site is meant for entertainment purposes only, the user should not make changes to their life because of the information in the areas of but not limited to legal, marital, relationship, health, financial, business, food, fun, family, investments, loans, real estate, escrow, insurance, fitness, fashion, home design, relationship, and religion. Ideas and opinions appearing on varsityoverdrive.com do not necessarily reflect the views of varsityoverdrive.com. varsityoverdrive.com does not assume responsibility or accept liability for the content, accuracy, truthfulness or reliability of information, advice, ideas and opinions appearing on varsityoverdrive.com, or for any claims, damages or losses resulting from the dissemination or use of any information, advise, ideas and opinions appearing on varsityoverdrive.com. Unless explicitly stated otherwise, any new features that augment or enhance the current service, shall be subject to this agreement. You understand and agree that the service is provided "As Is" and that varsityoverdrive.com assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications, personal home pages or personalization settings.
THIRD PARTY ADVERTISERS ON OUR WEBSITE
REGARDING QUALITY OF THEIR GOODS AND OR SERVICES
We do not research or investigate past experiences of customers/clients who have used the services or products of the businesses advertised on our website. We do not investigate any business/business owner's qualification and or business history. We have made no effort to find any illegal, harmful, immoral or irresponsible actions or practices financial or otherwise by the companies advertised on our website in an effort to screen who advertises or who we advertise on our website. Varsityoverdrive.com does not in any way guarantee the performance of, or quality of service; the delivery of, or quality of goods or the integrity financially, morally or ethically of any business listed on our website either in the form of a banner, hyperlink, or printed advertisement. Varsityoverdrive.com does not in any way support or validate the claims of serviceS or productS made by any business that have advertisements on our website.
We do not warrantee any service, work, or information given to you by any business listed on our site. We remind you of the saying, "Buyer Beware." It is your responsibility to check on the credibility of services, work, product and or information provided by any business you choose to employ/patronize. We recommend you do your due diligence in investigation and make use of government sources that are available to you. Should you find yourself in a situation where you are not pleased with the results of your business relationship with a business you voluntarily linked to from our website and on your own entered into an oral or written agreement for the purchase of goods and or services, you hold us harmless from any claim of damage you express you have suffered.
Further, regarding any business listed or advertising on our website, be advised we do not investigate if the business has a legal right to do business in the State of California or any state for that matter; nor do we investigate rather or not they hold the necessary license(s) needed to perform the job/service(s) they offer to perform. We in no way represent ourselves as a replacement or alternative to the appropriate state and local entities, i.e. consumer affairs or other legal agencies. We do not as a prerequisite require a business that either has a link or advertises on our site to have registered with the appropriate city and or state entities to obtain required licensing for the operation of their business. And we do not represent ourselves as a substitute or legal replacement for that business registration or licensing process.
Varsityoverdrive.com does not act as a legal consumer complain agency. Any formal complaints should be placed with the appropriate state and or city agencies. State and city agencies may use our site to verify proper registration of home businesses within their jurisdiction.
THIRD PARTY SITES/LINKS
When you click on their banner ads, you link to those company's website to view & purchase product. If you purchase items following a click over from our website, we receive payment. If you click over, leave that company's site, but go back later using url, we do not receive payment. Of course we would like you to click from our site to their site and then make your purchase.
You agree to hold varsityoverdrive.com harmless from any damages suffered while using one of affiliate businesses.
Be advised, the list of affiliates may not be updated when you are visiting our site. To make it easier, any business ad/link on our site not listed in the next paragraph, is an affiiate business.
REFUSING YOUR AD REQUEST
We maintain the right to remove any business ad or refuse to place any business ad, as we see fit without explanation.
We alone have the right to sell advertisement for this site. We have clearly warned, to whom and how, funds are paid if, you are paying for advertisement on this site or purchasing a product. If you should be defrauded we are not responsible for damages suffered. Varsityoverdrive.com will never ask you for cash or for a legal note to be made out to anyone other than persons listed on our website. Our ONLY method of payment is via PayPal. Additionally, if we host a web page for you on our website, you can not sell advertisement space on that page; to do so would constitutes fraud and you would be subject to legal action by the owners/operators of varsityoverdrive.com. Anyone buying advertising space from a fraudulent party hold us harmless. In addition, any one selling ads for varsityoverdrive.com will have a picture posted on this website identifying them as an employee designated to collect funds for varsityoverdrive.com. If they do not have a California I.D. that matches the photo and name posted on our website, they are a fraud.
ACTIVITY ON OUR SITE
USE OF SITE
varsityoverdrive.com (it's owners) authorizes you to view and download the materials at this website ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
COMMUNITY STANDARD SUBMISSIONS
To the extent that portions of varsityoverdrive.com provide users an opportunity to submit, post and/or exchange information, ideas, opinions, stories, poetry, photographs, images, video, creative works, or any other material (hereafter, the "Submissions"), please be advised that submissions do not necessarily reflect the views of varsityoverdrive.com. In NO event shall varsityoverdrive.com assume or have any responsibility or liability for any submission or for any claims, damages or losses resulting from their use and/or appearance on varsityoverdrive.com.
By posting a submission, you authorize varsityoverdrive.com to use, and authorize others to use, such submissions in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature without any obligation to compensate you or anyone else. By posting a submission, you represent and warrant that you have all necessary right in such submission and all information contained therein and that such submission does not contain libelous, or otherwise unlawful information that may infringe upon the right of any third party. If your submission incorporated the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant varsityoverdrive.com permission to use such name, voice, likeness and or image of such individual appearing in the submission in all media throughout the world in perpetuity. Without limiting the foregoing, varsityoverdrive.com will have the right to use and change the submission in any manner that varsityoverdrive.com may determine. Please be advised that in no event shall varsityoverdrive.com assume or have any responsibility or liability for the manner in which the submission is exploited or for any claim, damages or losses resulting from their use and or appearance on varsityoverdrive.com's website, affiliated sites, or elsewhere. Please also understand that your submission shall not be returned by varsityoverdrive.com. You agree to defend, indemnify and hold varsityoverdrive.com, it parent, affiliated subsidiary and /or related entities and parties harmless from and against any breach or alleged breach of any or your representations, warranties or undertakings hereunder.
varsityoverdrive.com does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. varsityoverdrive.com will have no obligations with respect to the Communications. varsityoverdrive.com and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to varsityoverdrive.com for the purpose of receiving products or services will be handled in accordance with the varsityoverdrive.com online privacy statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
USE OF SOFTWARE
Any materials that is made available to download from this Site is the copyrighted work of varsityoverdrive.com and or its suppliers.
CHAT ROOMS AND OTHER USER FORUMS
varsityoverdrive.com may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. varsityoverdrive.com, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. varsityoverdrive.com retains the right to remove messages that include any material varsityoverdrive.com deems abusive, defamatory, obscene or otherwise unacceptable.
SPOKEN WORD & OR POETRY SUBMISSIONS
Submissions will not be returned and will not be used for any reason other than posting on this website.You must be the owner, creator and if you filed, the copyright claimant. No collaborative work (no partners). Your material must be clean (not dirty or nasty). There is no payment due to you and no payment will be giving or offered to you for posting your spoken word/or/poem nor is there a payment required of you to us for posting your creative work.There is no limitation as to how long we may use your creative work on our website (concerning placement on our site) and there is no limitations of time connected with our use/posting of your poem or spoken work.
MUSIC, MOVIE, BOOK REVIEWS AND BLOGS
There is no payment due to you and no payment will be given or offered to you for your submitted music, movie or book review or your contribution to any of our blogs. You on your own free will submitted your view points to share with the world via the internet. We will never request or publish any identifying information other than the first name you provide and your city and state if you provide it. Allowing you to submit your review and or blog view point in no way obligates us to actually use your submitted review or blog view point. Allowing you to submit your review or blog view point does not obligate us to hold a spot for you. In other words, we still maintain control over what is and what is not published on our website.
varsityoverdrive.com makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.
varsityoverdrive.com is committed to ensuring the security of your personal information. To prevent unauthorized access, maintain data accuracy, and ensure the proper use of information, we have established and implemented appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. varsityoverdrive.com/clydederrickmedia.com uses Internet Encryption Software, Secure Socket Layer (SSL) Protocol when collecting or transferring sensitive data such as credit card information. Any information you enter is encrypted at your browser, sent over the public Internet in encrypted form, and then de-encrypted at our server. Once we receive your credit card information, it is accessible only to a small number of trusted varsityoverdrive.com employees who have been specially trained in processing this information.
CHILDREN'S ONLINE PRIVACY
We are concerned about the privacy of young children and do not knowingly collect any personal information from a child under 13. We encourage you to become involved with your child's access to the Internet and to our site in order to ensure that his or her privacy is well protected.
To read more about online safety and how to become more involved with your child's online experience, visit the Federal Trade Commission Web site. You may also benefit from the information and resources available on ProtectKids.com.
DE-ACTIVATE USER ACCOUNT
varsityoverdrive.com reserves the right to de-activate or remove any user accounts provided at varsityoverdrive.com without a notice if user has provided wrong information, has violated common Internet policies or if the account has been inactive for more than 60 days.
Downloads are solely for personal, noncommercial use. Copies of download can only be stored on computers or devices owned by the person or entity who purchased the download.
MULTIPLE DOMAIN NAMES FOR WEBSITE
LIMITATION OF LIABILITY
In no event will varsityoverdrive.com, its suppliers, or other third parties mentioned on our website be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not varsityoverdrive.com has been advised of the possibility of such damages. If your use of the materials, information or services from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.
CLAIMS AGAINST US
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or VarsityOverdrive.com exclusively in the U.S. District Court for the Southern District of California or a state court located in Los Angeles County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on VarsityOverdrive.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
This Statement is an agreement between you and VarsityOverdrive.com.
References to “us,” “we,” and “our” mean VarsityOverdrive.com.
>This Statement makes up the entire agreement between the parties regarding VarsityOverdrive.com, and supersedes any prior agreements.
>If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
>If we fail to enforce any of this Statement, it will not be considered a waiver.
>Any amendment to or waiver of this Statement must be made in writing and signed by us.
>You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
>All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
>Nothing in this Statement shall prevent us from complying with the law.
>This Statement does not confer any third party beneficiary rights.
>We reserve all rights not expressly granted to you.
>You will comply with all applicable laws when using or accessing VarsityOverdrive.com.