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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:
- for any unlawful
purposes;
- 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;
- 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;
- 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;
- 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;
- to transmit any
unsolicited or unauthorized advertising, promotional materials, junk
mail, spam, chain letters, pyramid schemes, or any other form of
solicitation;
- to impersonate any
person or entity, or otherwise to misrepresent your affiliation with a
person or entity; or
- to delete or revise
any User Content posted by any other person or entity
- 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.
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