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Athletishare.com Terms of Use

Introduction

These "Terms of Use" set forth the legal terms and conditions under which you may post video, text and data files (“User Content”) to the AthletiShare.com web site.

These Terms of Use include the AthletiShare.com Privacy Statement, which is incorporated into these Terms of Use by reference. By using AthletiShare.com, you are indicating your agreement to these Terms of Use, including the AthletiShare.com Privacy Statement. Please read this page carefully. If you do not accept these Terms of Use, do not use the Web Site and the AthletiShare.com service (the “Service”.)  By using AthletiShare.com, you are indicating your acceptance to be bound by the provisions of these Terms of Use. The terms "you" and "User" as used herein refer to all individuals and/or entities accessing AthletiShare.com for any reason.


1. AthletiShare.com.

AthletiShare.com is operated by AthletiShare, Inc. (the “Company”), a Delaware corporation, whose principal business address is 1290 Oakmead Parkway Suite 218, Sunnyvale, CA 94085. The Company offers a service DigitalAthlete that allows high school coaches, college coaches and parents to post video, text and data content concerning high school and college athletes on AthletiShare.com for distribution to high schools, colleges, professional sports teams, coaches and leagues and others for use in the college and professional athlete recruiting process, and for high school and college athletic teams and organizations to post video, text and data content of games for use by other high school and college athletic teams and organizations.


2. Eligibility; Registration.

You must be 18 years of age or older to use AthletiShare.com in any manner. By accepting these Terms of Use, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant that you will use AthletiShare.com in a manner consistent with any and all applicable laws and regulations.

To use the Service, you must register with AthletiShare.com and pay any applicable fees. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you.

When you register as a User you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify AthletiShare.com immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.


3. Use of the Service.

You are solely responsible for all User Content that you post on any AthletiShare.com. You automatically grant, and you represent and warrant that you have the right to grant, to the Company all right, title and interest to such User Content. You understand and agree that AthletiShare.com may distribute your User Content to high schools, colleges, professional sports teams, leagues and organizations and other third parties, and that such persons will share such User Content with others, store it on their own computers, and/or make copies of such User Content. You represent and warrant to the Company that any third-party holder of any rights in the User Content has completely and effectively waived all such rights, and validly and irrevocably granted to you the right to grant the rights stated above.

User Content posted by high schools, high school coaches, college coaches, parents and or athletes will be limited to a maximum of 1500 megabytes per file.

You have the right to remove all User Content posted by you upon AthletiShare.com at anytime; provided, however, that these Terms of Use shall continue to apply to any action taken by the Company or any third party with respect to such User Content taken prior to its removal.

User Content posted by high school and college coaches, parents and or athletes or others will be stored for a period of at least two (years) from the date of posting. At the end of the applicable storage period, the User Content may be deleted from AthletiShare.com.

AthletiShare.com acts as a passive conduit for the online distribution and publication of User Content. AthletiShare.com has no obligation to screen or monitor User Content, communications or other information submitted to it. However, the Company may review and delete any User Content that, in the sole judgment of the Company, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal, or violates the rights of, harms or threatens the safety of Users of AthletiShare.com. The Company reserves the right to expel Users and prevent their further access to the AthletiShare.com for violating these Terms of Use or any applicable law, rule or regulation. The Company may take any action with respect to User Content or Users that it deems necessary or appropriate in its sole discretion if it believes any User Content or an act of any User may create liability for the Company or may harm the Company’s relationship with other Users, high schools, colleges, suppliers or any other third party.

The following is a partial list of User Content that is prohibited on the AthletiShare.com. The list below is for illustration only and is not a complete list of all prohibited User Content. Subject to the foregoing, you agree not to use the service:

  1. for any unlawful purposes;

 

  1. to post or transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;


to post or transmit any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship, or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any person;

  1. to harm minors in any way, including, but not limited to, posting or transmitting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

 

  1. to upload, post, email or otherwise transmit any material which is likely to cause harm to AthletiShare.com’s computer systems, or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service or which may cause any defect, error, malfunction or corruption to the Service;

 

  1. to make User Content hosted by AthletiShare.com available for viewing by the general public through a publicly posted link to the image or otherwise;

 

  1. to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

 

  1. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or

 

  1. to delete or revise any User Content posted by any other person or entity

 

  1. to collect, intercept or harvest screen names, to collect, intercept or store personal data about other Users, or to solicit or attempt to discover a User's password, screen name or other registration information without the User's express knowledge and consent.

 

4. AthletiShare.com. Proprietary Rights.

The contents of AthletiShare.com, and of all other web sites under the Company's control, whether partial or otherwise (AthletiShare.com and such other web sites are collectively referred to as "AthletiShare.com "), such as text, video, audio, graphics, images, logos, button icons, software and other AthletiShare content (collectively, "AthletiShare Content"), are protected under both United States and foreign copyright, trademark and other laws. All AthletiShare Content is the property of the Company. The compilation (meaning the collection, arrangement and assembly) of all content on the AthletiShare.com is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the AthletiShare Content may violate copyright, trademark, and other laws. You may not sell or modify the AthletiShare Content or reproduce, display, publicly perform, distribute, or otherwise use the AthletiShare Content in any way for any public or commercial purpose. The use of the AthletiShare Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any AthletiShare Content or the pages making up AthletiShare.com, which is also protected by the Company's copyright.


5. Availability

AthletiShare.com uses reasonable efforts to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of AthletiShare. Every reasonable step will be taken by the Company to minimize such disruption where it is within our reasonable control. You agree that the Company shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any User Content you post to AthletiShare.com.


6. Amendment of Terms of Use

The Company reserves the right to amend these Terms of Use from time to time. Such amendments will become effective immediately upon posting. It is your responsibility to to review these Terms of Use on a regular basis to keep apprised of any amendments. If you continue to use the Service after an amendment to these Terms of Use, you will be deemed to have accepted that amendment. AthletiShare.com’s Terms of Use may be found at http://www.athletishare.com/termsOfUse.html.


7. User Submission

The Company appreciates hearing from Users and welcomes your comments regarding the Services and AthletiShare.com. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.


8. External Links

From time to time AthletiShare.com may provide links that will take you to other, third party web sites. These links are provided for your convenience. If you decide to access linked web sites you do so at your own risk. We do not endorse or take responsibility for the content on other web sites or the availability of other web sites and you agree that the Company is not liable for any loss or damage that you may suffer by using other web sites


8. External Links

As noted above, AthletiShare.com acts as a passive conduit for the online distribution of User Content. The Company is not involved in the actual communications between Users and any person or entity to whom User Content is distributed by AthletiShare.com. The Company cannot guarantee and does not promise any specific results from use of AthletiShare.com. No advice or information, whether oral or written, obtained by a User from AthletiShare.com or through or from AthletiShare.com shall create any warranty not expressly stated herein. User agrees and acknowledges that User is solely responsible for any actions taken by any person in any way related to the use of AthletiShare.com.

THE COMPANY DOES NOT WARRANT THAT ATHLETISHARE.COM WILL OPERATE ERROR-FREE OR THAT ATHLETISHARE.COM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY USER CONTENT TO ATHLETISHARE.COM AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR USER CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR USER CONTENT. ATHLETISHARE.COM AND ANY ATHLETISHARE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE ATHLETISHARE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.


10. Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ATHLETISHARE.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ATHLETISHARE.COM AND THE USER CONTENT, 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 DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH USE OF ATHLETISHARE.COM OR USER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE FEES PAID, IF ANY, BY THE USER CLAIMING SUCH DAMAGE.

11. No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of AthletiShare.com.


12. Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to any AthletiShare.com, (ii) your use of AthletiShare.com or any AthletiShare Content, or (iii) your breach of the terms of these Terms of Use. The Company shall promptly provide notice to you of any such claim, suit, or proceeding.


13. General.

The Company makes no claims that the AthletiShare Content may be lawfully viewed or accessed outside of the United States. Access to the AthletiShare Content may not be legal by certain persons or in certain countries. If you access AthletiShare.com, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Santa Clara County, California. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of AthletiShare.com, a particular "Legal Notice," or Software License or material on particular web pages, these Terms of Use constitute the entire agreement between you and the Company with respect to the use of AthletiShare.com. No changes to these Terms of Use shall be made except by a revised posting on this page.


14. Term and Termination.

These Terms of Use will remain in full force and effect while you are a User of AthletiShare.com. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from AthletiShare.com and immediate termination of your registration with or ability to access AthletiShare.com and/or any other services provided to you by the Company, upon any breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit to AthletiShare.com. Even after you are no longer a User of AthletiShare.com, certain provisions of these Terms of Use will remain in effect, including Sections 3-5, 7, and 9-14, inclusive.