1. ACCEPTANCE OF TERMS; DESCRIPTION OF SERVICES
The College Sports Nation(“CSN”), also known as Associated Content. These Terms of Service (“TOS”) between you and College Sports Nation govern your access to and use of the services and CSN websites (as identified by “College Sports Nation Rebublic” in the banner or footer of such websites and corresponding URLs) and which may be accessed via various existing or future media or devices (the “CSN Services”).
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials whether publicly displayed or privately transmitted on the CSN Services (“Content”) are the sole responsibility of the person or entity from whom such Content originated. The Content is intended for your personal, noncommercial use. All materials posted on the CSN Services are protected by copyright and are owned or controlled by College Sports Nation or the party credited as the provider of the Content. You must abide by all copyright notices and any other terms restricting your use of any Content.
The CSN Services, including any Content, is protected by copyright under U.S. and international copyright laws. You may not publish, reproduce (except as permitted in the next sentence), transmit, participate in the sale or transfer of, create new works from, distribute, perform, display, or in any way exploit any of the CSN Services, including Content, in whole or in part. You may copy or download Content for personal, noncommercial use only, provided that you maintain all copyright notices and other restrictive notices contained on such Content. Copying or storing any Content for any nonpersonal use is expressly prohibited without prior written permission from College Sports Nation.
Content is owned by or licensed to College Sports Nation. College Sports Nation does not guarantee the accuracy, integrity, or quality of Content, including that originating from its licensors, and you understand that by using the CSN Services that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. College Sports Nation will, under no circumstances, be liable for any Content, including Content errors or omissions, or any loss or damage of any kind, including financial or trading losses, resulting from the use of any Content made available via the CSN Services.
3. USER-GENERATED CONTENT
You acknowledge and agree that any content that you upload, post, email, transmit, or otherwise make available to the CSN Services including comments, forum or board messages, reviews, shared activities, and updates (“User-Generated Content” or “UGC”) may be edited, modified, removed, published, transmitted, or displayed by College Sports Nation and that you hereby waive any rights you may have regarding your UGC being altered or manipulated in any way that may be objectionable to you. You further agree that by submitting UGC that you consent to its display on the CSN Services, and for any related promotional use, whether on the CSN Services or on other websites or in other media. You also understand and agree that UGC includes content submitted by you that are transmitted to College Sports Nation via your College Sports Nation updates from other College Sports Nation-owned and -operated sites, and that UGC may be shared via the CSN Services via RSS feeds or other API-enabled feeds or updates.
Subject to the terms and conditions of this TOS, you hereby grant College Sports Nation a perpetual, worldwide, nonexclusive, royalty-free, and fully paid-up license (with right to sublicense) to the UGC, including without limitation the right for College Sports Nation or any third party College Sports Nation designates, to: use, copy, transmit, excerpt, publish, distribute, publicly display or perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies now or in the future), in any form or media now known or developed in the future, any UGC submitted by you on or via the CSN Services or any other website owned or operated by College Sports Nation.
You may not upload, post, email, transmit, or otherwise make available any UGC that:
a. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harms minors in any way;
c. impersonates any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forges headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the CSN Service;
e. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party.
You also may not upload, post, email, transmit, or otherwise make available:
g. any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
h. any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
You also many not:
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the CSN Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
j. interfere with or disrupt the CSN Services or servers or networks connected to the CSN Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the CSN Services, including using any device, software, or routine to bypass our robot exclusion headers;
k. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. “stalk” or otherwise harass another;
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above; or
o. circumvent, or attempt to circumvent, by any means, any CAPTCHA controls or other identity-verification controls implemented by College Sports Nation.
You are solely responsible for your UGC, and while College Sports Nation does not and cannot review all UGC and is not responsible for such UGC, College Sports Nation reserves the right to delete, move, or edit UGC that it, in College Sports Nation’s sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
4. UNSOLICITED SUGGESTIONS TO CSN
Notwithstanding the terms of Section 3, by submitting ideas, suggestions, documents, or proposals (“Unsolicited Suggestions”) to College Sports Nation through CSN’s suggestion or feedback pages, you acknowledge and agree that: (a) your Unsolicited Suggestions do not contain confidential or proprietary information; (b) College Sports Nation is not under any obligation of confidentiality, express or implied, with respect to the Unsolicited Suggestions; (c) College Sports Nation shall be entitled to use or disclose (or choose not to use or disclose) such Unsolicited Suggestions for any purpose, in any way, in any media worldwide; (d) College Sports Nation may have something similar to the Unsolicited Suggestions already under consideration or in development; (e) your Unsolicited Suggestions automatically become the property of College Sports Nation without any obligation of College Sports Nation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from College Sports Nation under any circumstances.
5. CSN CONTRIBUTORS; NO GUARANTEE OF COMPENSATION; YOUR REGISTRATION OBLIGATIONS
CSN Contributors. “CSN Contributors” are individuals who wish to submit original articles to College Sports Nation for publication on the CSN Services. Once you register successfully as a CSN Contributor, content that you submit via the submission process that may include any technology, designs, articles, written expressions, materials, content, graphics, data, information, images, photographs, art, illustrations, animations, video, audio, or audio/visual work, music, text, and/or any works of authorship that You provide to College Sports Nation hereunder, whether or not eligible for patent, copyright, trademark, trade secret, or other legal protection (“Submissions”) is subject to the terms of (a) the Master License Agreement (“MLA”) and Payment Policies and (b) the applicable CSN License elected by you during the submission process. The MLA and CSN Licenses are collectively referred to as the “Contributor Licenses,” and as a reminder, these Contributor Licenses are incorporated into and made part of this TOS.
No Guarantee of Compensation; No Employment Relationship. You understand and agree that if you register successfully as a CSN Contributor and subsequently submit Submissions to College Sports Nation which are later published that there is no guarantee that you will receive any compensation of any kind, regardless of whether such Submission was the result of a promotion, assignment announcement or other statement from or on behalf of College Sports Nation. You further understand and agree that your submitting Submissions to College Sports Nation will, under no circumstances, create an employment relationship between you and College Sports Nation.
Registration Data: To register as a CSN Contributor and in consideration of your use of the CSN Services, you represent that you can form a binding contract and are not a person barred from receiving the CSN Services under the laws of the United States or other applicable jurisdiction. You also agree that during the CSN registration process and thereafter that you will provide and maintain true, accurate, current, and complete information about yourself (the “Registration Data”). You may not create a member ID with the intent to impersonate another person, nor may your member ID contain offensive language. If College Sports Nation, in its sole discretion, believes that you have not complied with the terms of this paragraph, then College Sports Nation may suspend or terminate your account and refuse any and all current or future use of any part or all the CSN Services by you.
Your Account and Password; Security
When you register, you will select a password for your CSN account. You are solely responsible for maintaining the confidentiality of your password and account. You must notify CSN immediately of any suspected unauthorized use of your password or account or any other breach of security. You are also fully responsible for all activities that occur under your password or account, and any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account and you may be referred to law enforcement agencies, at College Sports Nation ‘s sole discretion. College Sports Nation cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You acknowledge, consent and agree that College Sports Nation may access, preserve, and disclose your Registration Data and related account information, and your UGC or Submissions, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any UGC or Submissions violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of College Sports Nation, its users, and the public.
You understand that the CSN Services and software embodied within the CSN Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by College Sports Nation and/or content providers who provide content to the CSN Services. You may not attempt to override or circumvent any of the usage rules embedded into the CSN Services. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the CSN Services, in whole or in part, is strictly prohibited.
6. FEATURED CONTRIBUTOR PROGAM
You may be selected by CSN, at CSN’s sole discretion, to participate in the Featured Contributor Program (the “Featured Contributor Program”). You agree to comply with the Featured Contributor Program guidelines that are posted on the CSN Services or otherwise made available to you. You further agree and acknowledge that your participation in the Featured Contributor Program is voluntary, without compensation of any kind, and will not create any employment relationship between you and College Sports Nation. You may terminate your participation in the Featured Contributor Program at any time, and College Sports Nation may, without notice to you, terminate your participation in the Featured Contributor Program at any time. You understand that CSN may from time to time change the Featured Contributor Program guidelines or terminate the Featured Contributor Program in its entirety at any time in its sole discretion.
7. INTERSTATE NATURE OF COMMUNICATIONS ON CSN NETWORK
By using the CSN Services to send electronic communications, you will cause communications to be sent through College Sports Nation’s computer networks, portions of which are located across the U.S. in various states and in locations in other countries. As a result, communications that may appear to be intrastate in nature may result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that your use of the CSN Services results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Use of the CSN Services and transfer, posting, and uploading of software, technology, and other data via the CSN Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations and any applicable local rules regarding online content. You hereby (a) agree to comply with all applicable export and import laws and regulations and any applicable local rules regarding online content; (b) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the CSN Services to parties identified on such lists; (c) agree not to use the CSN Services for military, nuclear, missile, chemical, or biological weaponry end uses in violation of U.S. export laws; and (d) agree not to transfer, upload, or post via the CSN Services any software, technology, or other technical data in violation of U.S. or other applicable export or import laws.
You agree to indemnify and hold College Sports Nation Inc. and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your UGC, your Submissions, your use of the CSN Services, your connection to the CSN Services, your violation of the TOS, or any other agreement incorporated thereto, or your violation of any rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CSN may establish general practices and limits concerning use of the CSN Services, including the maximum number of days that uploaded Content will be retained by the CSN Services and the maximum number of times (and the maximum duration for which) that you may access the CSN Services. CSN has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the CSN Services. CSN may log off accounts that are inactive for an extended period of time. CSN reserves the right to modify these general practices and limits from time to time. Your agreement to this TOS constitutes your consent to allow CSN to store these communications on its servers.
College Sports Nation may, without prior notice and at its sole discretion, immediately terminate, limit your access to, or suspend your CSN Contributor account and access to the CSN Services, for no reason or for cause which may include your breach of the TOS. College Sports Nation shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the CSN Services.
Termination of your CSN Contributor account includes any or all of the following: (a) removal of access to all or part of the offerings within the CSN Services, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the CSN Services.
Perpetual licenses granted by you to College Sports Nation per the MLA will remain in full force and effect, including applicable payment obligations by College Sports Nation to you.
The CSN Services may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that CSN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CSN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource
13. CSN’S PROPRIETARY RIGHTS
You acknowledge and agree that the CSN Services and any necessary software used in connection with the CSN Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the CSN Services or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by College Sports Nation or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on the CSN Services, such Content or the Software, in whole or in part.
College Sports Nation grants you a personal, nontransferable and nonexclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the CSN Services. You agree not to access the CSN Services by any means other than through the interface that is provided by College Sports Nation for use in accessing the CSN Services.
14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE CSN SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE CSN SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COLLEGE SPORTS NATION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
b. COLLEGE SPORTS NATION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE CSN SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE CSN SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CSN SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CSN SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CSN SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLLEGE SPORTS NATION OR THROUGH OR FROM THE CSN SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE CSN SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE CSN SERVICE. IMMEDIATELY DISCONTINUE USE OF THE CSN SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE CSN SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COLLEGE SPORTS NATION AND ITS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COLLEGE SPORTS NATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE CSN SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CSN SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE CSN SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
17. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
College Sports Nation may provide you with written notices to the email or mailing address provided by you in your Registration Data. College Sports Nation is not responsible for damage or losses that may be incurred by you as a result of your failure to receive such notices due to inaccurate or incomplete Registration Data, spam filters, or your lack of internet access.
19. TRADEMARK INFORMATION
You agree that all of College Sports Nation trademarks, trade names, service marks, and other CSN logos and brand features and product and service names are trademarks and the property of College Sports Nation (the “CSN Marks”). You agree not to display or use in any manner the CSN Marks without CSN’s prior permission.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
College Sports Nation respects the intellectual property of others, and we ask our users to do the same. College Sports Nation may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please see Copyright Details.
21. GENERAL INFORMATION
Choice of Law and Forum. You and College Sports Nation each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Florida without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and College Sports Nation, shall be brought exclusively in the courts located in the county of Broward County, Florida, or the U.S. District Court for the Southern District of Florida. You and College Sports Nation agree to submit to the personal jurisdiction of the courts located within the county of Broward County, Florida, or the Southern District of Florida, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of College Sports Nation to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Nontransferability. You agree that your CSN account is nontransferable and any rights to your CSN ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate or as otherwise permitted per the terms of this TOS, your account may be terminated and all associated Content or UGC may be permanently deleted. Notwithstanding the foregoing, in the event that you have, subject to the MLA, a) contributed Submission(s) to CSN, b) CSN has exercised its Option to the License Grant Type elected by you, and c) have properly established a means for receiving payments per the Payment Policy, then upon receipt of documentation sufficient, in College Sports Nation’s sole reasonable discretion, to establish a beneficiary to your estate that includes rights to your CSN account, then College Sports Nation will effect the transfer of your CSN account limited solely to receipt of payments due and specifically excludes any rights to edit existing Submissions, create new Submissions or modify Registration Data.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CSN Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.