Acceptable Use

ACCEPTABLE USE POLICY

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING OUR WEBSITE OR REACH CMS

What is in these terms?
This Acceptable Use Policy (‘Policy’) sets out the content standards that apply when you upload content to our website or REACH CMS (Content Management System), make contact with us or other users on our website, link to our website, or interact with us, our website or REACH CMS in any other way. 

The definitions used in these terms are as set out in our REACH User License Agreement. 

Who we are and how to contact us:
Reachmedianetwork.com and REACH Media Network (collectively ‘REACH’) are operated by REACH SPORTS MARKETING GROUP, INC., incorporated and registered in Minnesota, United States and whose registered office is at 6440 Flying Cloud Dr. #225, Eden Prairie, MN 55344. 

To contact us, please email info@reachmedianetwork.com 

By using REACH, you accept these terms:
If you are using any REACH Service, this Policy applies to you. Every client of ours agrees to abide by this Policy and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this Policy. We will enforce and ensure compliance with this Policy by using methods we consider to be appropriate, such as complaint and email failure monitoring.  We may also suspend or terminate your use of REACH Services pursuant to our Customer Terms of Service for violations of this Policy. We recommend that you print a copy of these terms for future reference. 

There are other terms that may apply to you:
Our REACH User License Agreement or and Data Privacy Policy (collectively ‘T‘s&Cs’) also apply to your use of REACH. 

We may make changes to the terms of this policy:
We amend these terms from time to time. Please check these terms regularly to ensure you understand the terms that apply at that time. These terms were most recently updated in May 2019. 

Prohibited uses:
You may only use REACH for lawful purposes. You may not use REACH: 

  • In any way that breaches any applicable local, national, or international law or regulation. 
  • In any way that is unlawful, fraudulent, or has any unlawful or fraudulent purpose or effect. 
  • For the purpose of harming or attempting to harm minors in any way. 
  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards below. 
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). 
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. 

You also agree: 

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Ts&Cs. 
  • Not to access without authority, interfere with, damage, or disrupt: 
    • Any part of REACH. 
    • Any equipment or network on which REACH is stored. 
    • Any software used in the provision of REACH. 
    • Any equipment or network or software owned or used by any third party. 

Interactive services:
We may from time to time provide interactive services as part of REACH, including, without limitation: 

  • Chat rooms 
  • Bulletin boards 
  • REACH Helpdesk 

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). 

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. You are responsible for moderating user generated content or user activity on your platform or service. User generated content that violates these standards may result in termination of your use of the REACH Service. 

REACH is only for use by those over 18. 

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. 

Content standards:
These content standards apply to any and all material which you contribute to REACH (Contribution), and to any interactive services associated with it. 

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. 

We will determine, in our discretion, whether a Contribution breaches the Content Standards. 

A Contribution must: 

  • Be accurate (where it states facts). 
  • Be genuinely held (where it states opinions). 
  • Comply with the law applicable in The United States and in any country from which it is posted. 

In addition, and without limiting the other requirements in this Policy, you may not (directly or indirectly) use the REACH Service with content, or in a manner that, or make any Contribution which: 

 Is threatening, abusive, harassing, stalking, or defamatory. 

  • Is deceptive, false, misleading, or fraudulent. 
  • Is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity). 
  • Contains vulgar, obscene, indecent, or unlawful material. 
  • Infringes a third party’s intellectual property right(s). 
  • Publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so. 
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer. 
  • Downloads any file that you know, or reasonably should know, cannot be legally distributed in that way. 
  • Falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded. 
  • Restricts or inhibits any other user of the REACH Service from using and enjoying our website and/or the REACH Service. 
  • Harvests or otherwise collects information about others, including e-mail addresses, without their consent. 
  • Violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail); 
  • Is legally actionable between private parties. 
  • Is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), the General Data Protection Regulation (2016/679), the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on certain legal aspects of information society services, in particular, electronic commerce in the Internal Market (‘Directive on Electronic Commerce’), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’), regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5), Canada’s Anti-Spam Legislation (CASL) (S.C. 2010, c. 23), Japan’s Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of April 17, 2002) and any regulations having the force of law or laws in force in your or your email recipient’s country of residence. 
  • Encourages, promotes, facilitates, or instructs others to engage in illegal activity. 
  • Promotes, encourages, or facilitates hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.  
  • Organizations or individuals who promote, encourage, or facilitate hate speech, violence, discrimination, either through their own content or through distribution of user generated content, are prohibited from using the REACH Service, regardless of whether the REACH Service is used specifically for the prohibited activities. Violation of these standards may result in termination of your use of the REACH Service. 

Breach of this policy:
When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this Policy constitutes a material breach of the Ts&Cs upon which you are permitted to use REACH, and may result in our taking all or any of the following actions: 

  • Immediate, temporary, or permanent withdrawal of your right to use REACH. 
  • Immediate, temporary, or permanent removal of any Contribution uploaded by you to REACH. 
  • Issue of a warning to you. 
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. 
  • Further legal action against you. 
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law. 

We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate. 

Which country’s laws apply to any disputes?
All issues and questions concerning the construction, validity, enforcement, and interpretation of this Policy and your use of the REACH services shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Minnesota. Any claims or legal actions by one party against the other arising out of this Policy will be commenced or maintained in any state or federal court located within Hennepin County, Minnesota, and the parties hereby irrevocably consent and submit to the jurisdiction and venue of such court.