Sports Illustrated

User Information.

In the course of your use of SI.com and/or the services made available on or through SI.com, you may be asked to provide and/or SI.com may collect certain information related to you, the device you use to access SI.com and/or your interaction with SI.com, including information that allows you and your device to be identified (such information referred to hereinafter as "User Information"). SI.com's information collection and use policies with respect to User Information are set forth in SI.com's Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
Read more: http://sportsillustrated.cnn.com/interactive_legal.html#ixzz1plrwhEIM

Prohibited User Conduct.

You warrant and agree that, while using SI.com and the various services and features offered on or through SI.com, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of SI.com's content, materials or services (for example, without limitation, in an RSS feed or a podcast received from us or otherwise through SI.com), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through SI.com. You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through SI.com or the services offered on or through SI.com, including without limitation any information residing on any server or database connected to SI.com or the services offered on or through SI.com; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use SI.com or the services made available on or through SI.com in any manner with the intent to interrupt, damage, disable, overburden, or impair SI.com or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use SI.com or SI.com's services or features in violation of our or any third party's intellectual property or other proprietary or legal rights; or (v) use SI.com or SI.com's services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with SI.com or SI.com's services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use SI.com in any manner that could damage, disable, overburden, or impair SI.com or interfere with any other party's use and enjoyment of SI.com or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available by us through SI.com.
Read more: http://sportsillustrated.cnn.com/interactive_legal.html#ixzz1plrzvT3a

Nascar:
9. User Conduct. By viewing NASCAR.COM or participating in the Interactive Areas, you agree to the following:
A. Lawful Use. You shall use NASCAR.COM for lawful purposes only. You shall not post or transmit through NASCAR.COM any material that violates or infringes in any way the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without TSI's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, as determined by TSI in TSI's discretion, restricts or inhibits any other User from using or enjoying NASCAR.COM will not be permitted. User shall not use NASCAR.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with NASCAR.COM.
B. Naming Policy. When selecting a display name for use on NASCAR.COM web sites, you must abide by the following Naming Policy set forth below (and if NASCAR.COM changes it, you will abide by all changes after it is posted here.)
  • Names may not be offensive, sexually explicit, vulgar, racist, hateful, obscene, defamatory, or any other language that is offensive in nature (including common swear words, names concerned with anatomical references, and intentional misspellings, anagrams, combinations, and homonyms of these words).
  • Names may not be used that harass or damage the reputation of another user, NASCAR.COM employees or agents, or NASCAR employees or agents.
  • Names may not be a name or handle of any NASCAR.COM employees or agents or NASCAR employees or agents.
  • Names may not include any unlawful reference to trademarked names, materials or products.
  • Names may not incorporate names of other people, including drivers, crew chiefs, broadcast talent, actors, celebrities, or other personalities or individuals in a manner that creates confusion or false affiliation.
  • Names may not be religiously or historically sensitive.
  • Names may not have a title or rank within them suggesting affiliation with NASCAR or NASCAR.COM.
  • Names may not contain a phrase, sentence, or any fragment of a sentence.
  • Names may not include any telephone numbers, credit card numbers, social security numbers, street addresses, or email/instant message addresses other than your own (and NASCAR.COM strongly recommends that you not use your own either).
  • Names may not use misspellings or alternative spellings of names that violate any of the rules above.
C. User Content. You shall not upload, post or otherwise make available on NASCAR.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, intellectual property or proprietary rights, or any other harm resulting from such a submission.
D. User Rules of Conduct. Without limiting any other term herein, if you submit any User Content (including, but not limited to, any screen name) or participate in an Interactive Area within or in connection with NASCAR.COM, you agree to abide by the following Rules of Conduct:
  • You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way the rights of others, including any statements that may defame, harass, stalk or threaten others.
  • You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
  • You agree not to upload, post or otherwise transmit any material that contains or advocates profane or obscene material as determined in TSI’s discretion.
  • You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability.
  • You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them.
  • You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area.
  • You agree not to impersonate any person or entity, including, but not limited to, any NASCAR, TSI, NASCAR.COM, racing teams, racing or NASCAR.COM sponsors employee or associated persons, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • You agree not to interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about NASCAR.COM Users or posting private information about a third party.
  • You agree not to upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component.
  • You agree not to interfere with or disrupt NASCAR.COM or the servers or networks connected to NASCAR.com, or disobey any requirements, procedures, policies or regulations of networks connected to NASCAR.com.
  • You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of NASCAR.COM, use of NASCAR.COM, or access to NASCAR.COM.
Any conduct that TSI determines, in TSI’s sole discretion, restricts or inhibits anyone else from using or enjoying NASCAR.COM will not be permitted. TSI reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. TSI and NASCAR are not responsible for User Content submitted to NASCAR.COM or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of NASCAR.COM.
E. Monitoring. TSI and NASCAR reserve the right, but have no obligation, to monitor the User Content and/or any other Materials posted in the Interactive Areas or any other areas of NASCAR.COM, including chat rooms, comments, newsfeeds and forums. TSI and NASCAR shall have the right in their sole discretion to remove or edit any User Content that violates or is alleged to violate any applicable law or the spirit of these Terms of Use. Notwithstanding this right of TSI and NASCAR, YOU REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT AND OTHER MATERIALS YOU POST IN THE INTERACTIVE AREAS AND/OR OTHER AREAS OF NASCAR.COM AND/OR IN YOU PRIVATE MESSAGES. In no event shall any TSI/NASCAR Party assume or have any liability or responsibility for any User Content or other User-submitted Materials or for any claims, damages or losses resulting from destruction, display, misuse or other use of such User Content or Materials.
F. Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that: (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by TSI, NASCAR, or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release the TSI/NASCAR Parties and their respective licensees, successors and assigns, from any claims that you could otherwise assert against any of them by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
G. Spamming is not allowed. TSI and NASCAR reserve the right to restrict the number of emails and/or other messages that a Member may send to other Members in any twenty-four hour period via NASCAR.COM features. If you breach these Terms of Use by sending unsolicited bulk email, comments, instant messages or other unsolicited communications of any kind through NASCAR.COM, you acknowledge that you will have caused substantial harm to TSI and NASCAR, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, and without limiting any other rights or remedies available to TSI (whether at law, in equity or otherwise) you agree to pay TSI fifty dollars ($50) for each such unsolicited email or other unsolicited communication you send through NASCAR.COM features.

  1. Are there similar components between the two (or more) clauses? How are they the same? How are they different?
Both components of the two clauses indicate legal language on the user’s conduct and what is prohibited. The difference between both is that based on the type of internet usage being used by the user, there are some additional clauses and language added. For instance in NASCAR’s user’s agreement they indicate that spamming is not allowed as well as that NASCAR has a right to monitor all usage of each user.
  1. Write a standard clause that uses the similar elements from the EULAs you analyzed. For areas that are dis-similar, include both options in parentheses.
User Content. You shall not upload, post or otherwise make available on (NAME OF SITE.COM) any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, intellectual property or proprietary rights, or any other harm resulting from such a submission.