A. By using and/or visiting this website or any related click-to or click-from website operated by an authorized organization embedding the SportsNation360 content or functionality in its website pursuant to a valid license agreement from 4Sports, LLC (collectively "Website") to access any or all content and functionality offered by 4Sports, LLC (collectively "SportsNation360 Information") , or the SportsNation360 services offered by 4Sports, LLC or its affiliates ("Remote Services") whereby SportsNation360 Information is pushed to or made available for download to your mobile phone, personal computer or other remote data device (collectively, "Device"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) 4Sports, LLC's privacy notice ("Privacy Notice"), found at Privacy Policy and incorporated here by reference. If you do not agree to any of these terms, or the Privacy Notice, please do not use the Website or Remote Services.
B. 4Sports, LLC may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the Website, including users ("Facilitators") who contribute video content, information, and other materials or services ("Facilitator Submissions") on the Website, and users who access SportsNation360 Information including Facilitator Submissions from the Website or who receive such SportsNation360 Information via the Remote Services ("End-Users"). The Website includes all aspects of SportsNation360, including the Website and the Remote Services.
B. The Website may contain links to third party websites that are not owned or controlled by 4Sports, LLC. 4Sports, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, 4Sports, LLC will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve 4Sports, LLC from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
A. In order to access some features of the Website, or to have access to the Remote Services, whether as an End-User or a Facilitator, you will have to create a SportsNation360 account. Your account will be subscription-based only, and the services to which you have access will depend on the subscription you have paid for. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify 4 Sports, LLC immediately of any breach of security or unauthorized use of your account.
B. Although 4Sports, LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of 4Sports, LLC or others due to such unauthorized use.
If you are an End-User, 4Sports, LLC hereby grants you permission to access and use the Website and to receive SportsNation360 Information via Remote Services as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, or SportsNation360 Information including but not limited to Facilitator Submissions, without 4Sports, LLC´s prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to SportsNation360's Scheduling Facilitator or any of its related technologies.
C. You agree not to use the Website, or any SportsNation360 Information, for any commercial use, without the prior written authorization of 4Sports, LLC. Prohibited commercial uses include any of the following actions taken without 4Sports, LLC´s express approval: sale of access to the Website or its related services, including Remote Services, on another website; use of the Website or its related services, including Remote Services, for the primary purpose of gaining advertising or subscription revenue; the sale of advertising, on the Website or any third-party website, targeted to the content of specific Facilitator Submissions or SportsNation360 Information; and any use of the Website or its related services, including Remote Services, that 4Sports, LLC finds, in its sole discretion, to use 4Sports, LLC´s resources or SportsNation360 Information with the effect of competing with or displacing the market for SportsNation360, SportsNation360 Information, or its Facilitator Submissions.
D. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
E. In your use of the Website and Remote Services, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
F. To the extent that any feature on the Website or the Remote Services requires you to submit your e-mail address or mobile phone number in order to send SportsNation360 Information, an e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address or actual mobile phone number, as applicable. Any business use, "re-mailing," or other high-volume application is strictly prohibited.
F. 4Sports, LLC reserves the right to discontinue any aspect of the Website or Remote Services at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of SportsNation360 Information.
A. The content on the Website and accessed via the Remote Services, except Facilitator Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to 4Sports, LLC, subject to copyright and other intellectual property rights under the law. Content on the Website and via the Remote Services is provided to you AS IS for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You may only download the SportsNation360 Information if you have subscribed to a Remote Service for downloading, and then only to your Device and only for personal use only. Any downloaded SportsNation360 Information may not be further disseminated or copied. 4Sports, LLC reserves all rights not expressly granted in and to the Website and the SportswNation360 Information.
B. Facilitator Submissions on the Website and accessed via the Remote Services are provided to you AS IS for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You may access Facilitator Submissions solely: for your information and personal use; as intended through the normal functionality of the SportsNation360 Service.
C. You may access SportsNation360 Information and other content and use the Remote Services only as permitted under these Terms of Service. 4Sports, LLC reserves all rights not expressly granted in and to the SportsNation360 Information.
D. You agree to not engage in the use, copying, or distribution of any of the SportsNation360 Information other than expressly permitted herein, including any use, copying, or distribution of Facilitator Submissions of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or Remote Services or features that prevent or restrict use or copying of any SportsNation360 Information or enforce limitations on use of the 4Sports, LLC Website or the SportsNation360 Information herein.
F. You understand that when using the 4Sports, LLC Website and Remote Services, you will be exposed to Facilitator Submissions from a variety of sources, and that 4 Sports, LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Facilitator Submissions. You further understand and acknowledge that you may be exposed to Facilitator Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 4Sports, LLC with respect thereto, and agree to indemnify and hold 4Sports, LLC, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
G. You understand 4Sports, LLC does not endorse any Facilitator Submission or any opinion, recommendation, or advice expressed therein, and 4Sports, LLC expressly disclaims any and all liability in connection with Facilitator Submissions. 4Sports, LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and 4Sports, LLC will remove all Facilitator Submissions if properly notified that such Facilitator Submission infringes on another's intellectual property rights. 4Sports, LLC reserves the right to remove Facilitator Submissions without prior notice.
The following pertain to you if you are a Facilitator: A. You may submit video content and textual content to those areas of the Website for which you have been granted explicit access by 4Sports, LLC or authorized by an organization which has embedded the SportsNation360 functionality into its website pursuant to a valid license with 4Sports, LLC. You understand that whether or not such Facilitator Submissions are published, 4 Sports, LLCdoes not guarantee any confidentiality with respect to any Facilitator Submissions.
B. You shall be solely responsible for your own Facilitator Submissions and the consequences of posting or publishing them. In connection with Facilitator Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize 4 Sports, LLCto use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Facilitator Submissions to enable inclusion and use of the Facilitator Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your Facilitator Submissions. However, by submitting Facilitator Submissions to SportsNation360, you hereby grant 4Sports, LLC and an authorized organization embedding the SportsNation360 service in its website pursuant to a valid license with 4Sports, LLC, a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, make compilations, display, and perform the Facilitator Submissions in connection with the Website and 4Sports, LLC's (and its successors', licensees´ and affiliates') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels, including but not limited to the Remote Services. You also hereby grant each applicable End-User of the Website and Remote Services a non-exclusive license to access your Facilitator Submissions through the Website and/or Remote Services, and to use, reproduce, distribute, display and perform such Facilitator Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree that 4Sports, LLC may retain server copies of Facilitator Submissions that have been otherwise removed or deleted by you. The above licenses granted by you are perpetual and irrevocable.
D. In connection with Facilitator Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant 4Sports, LLC all of the license rights granted herein.
E. You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation
F. You will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) for commercial purposes of any kind, or (b) use any product or service available on the Website (including, without limitation, e-mail functions (e.g., send-a-friend e-mails) and RSS feeds or other similar type feeds) for commercial purposes of any kind;
G. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or Remote Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and Remote Services;
H. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;
I. You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," and "trolling" as those terms are commonly understood and used on the Internet;
J. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
K. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
A. 4Sports, LLC will terminate a Facilitator´s or End-User´s access to its Website and Remote Services if, under appropriate circumstances, they are determined to be a repeat infringer.
B. 4Sports, LLC reserves the right to decide whether a Facilitator Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. 4Sports, LLC- may remove such Facilitator Submissions and/or terminate a Facilitator´s or End-User´s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
A. If you are a copyright owner or an agent thereof and believe that any Facilitator Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 4Sports, LLC's designated Copyright Agent to receive notifications of claimed infringement is: President, Natural Bridge Technologies, address: 3861 Olympic Blvd., Erlanger, Kentucky 41018; email: support@SportsNation360.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to 4Sports, LLC customer service through support@sportsnation360.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Facilitator Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, 4Sports, LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at 4Sports, LLC's sole discretion.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND REMOTE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 4SPORTS, LLC, ITS OFFICERS, LICENSEES, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. 4SPORTS, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR USE OF THE REMOTE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR REMOTE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR REMOTE SERVICES. 4SPORTS, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR REMOTE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND 4SPORTS, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL 4SPORTS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR REMOTE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT 4SPORTS, LLC SHALL NOT BE LIABLE FOR FACILITATOR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by 4Sports, LLC from its facilities in the United States of America. 4 Sports, LLC makes no representations that the 4Sports, LLC Website is appropriate or available for use in other locations. Those who access or use the 4Sports, LLC Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless 4Sports, LLC, its parent corporation, officers, directors, employees, licensees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the 4Sports, LLC Website and Remote Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Facilitator Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the 4Sports, LLC Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 13 years of age, then you may not use the Website or Remote Services without verifiable permission from a parent or guardian, and in any event only through a family account.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 4Sports, LLC without restriction.
You agree that: (i) the Website and Remote Services shall be deemed solely based in Kentucky; and (ii) the Website and the dissemination of any content from the Website shall be deemed a passive activity that does not give rise to personal jurisdiction over 4Sports, LLC, either specific or general, in jurisdictions other than Kentucky. These Terms of Service shall be governed by the internal substantive laws of the Commonwealth of Kentucky, without respect to its conflict of laws principles. Any claim or dispute between you and 4Sports, LLC that arises in whole or in part from the Website or Remote Services shall be decided exclusively by a court of competent jurisdiction located in Kenton County, Kentucky. These Terms of Service, together with the Privacy Notice, Member Agreement and any other legal notices published by 4Sports, LLC on the Website, shall constitute the entire agreement between you and 4Sports, LLC concerning the 4Sports, LLC Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and 4Sports, LLC's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. 4 Sports, LLC reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the 4Sports, LLC Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND 4SPORTS, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR REMOTE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
We continually strive to improve our Website and our services, and welcome your comments and suggestions on your experience with our Website and services, particularly if you have been given access to a beta version of our website or services. Any submissions you make in this regard are non-confidential, and we, without the requirement of any permission from or payment to you or to any other person or entity, may use or not use such suggestions at our discretion. If we do incorporate your suggestion, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify adapt, translate, create derivative works based upon and publicly perform such submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution.