PrepSportsNations Terms of Use |
PREP SPORTS NATION.com provides the platform and tools that enable high school athletes, coaches and fans to create player and team profiles, upload photos and videos, track and view statistics, assess the strengths and weaknesses of opponents, and discover the best athletes in the country. The services offered by PREP SPORTS NATION.com ("PREP SPORTS NATION.com", "we" or “our”) include the PREP SPORTS NATION.com website located at www.PrepSN.com (the "PREP SPORTS NATION Website") and any other features, content, functionality or applications offered from time to time by PREP SPORTS NATION.com in connection with the PREP SPORTS NATION Website (collectively, the "PREP SPORTS NATION services"). The PREP SPORTS NATION services are hosted in the U.S.
This Terms of Use Agreement (the "Agreement") sets forth the legally binding terms for your use of the PREP SPORTS NATION services. By using the PREP SPORTS NATION services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the PREP SPORTS NATION Website) or you are a "Member" (which means that you have registered as a member on the PREP SPORTS NATION Website). The term "User" refers to both a Visitor and a Member. You are only authorized to use the PREP SPORTS NATION services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations, and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the PREP SPORTS NATION Website and discontinue use of the PREP SPORTS NATION services immediately. If you wish to become a registered member, communicate with other members and make use of the PREP SPORTS NATION services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes PREP SPORTS NATION policy for acceptable use of the PREP SPORTS NATION services and content posted on the PREP SPORTS NATION Website, your rights, obligations and restrictions regarding your use of the PREP SPORTS NATION services and the PREP SPORTS NATION Privacy Policy. Unless otherwise provided by the additional terms and conditions applicable to the PREP SPORTS NATION services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@Prep Sports Nation.com, Subject: Terms of Use Agreement.
PREP SPORTS NATION.com may modify this Agreement from time to time and such modification shall be effective upon posting by PREP SPORTS NATION.com on the PREP SPORTS NATION Website. You agree to be bound to any changes to this Agreement when you use the PREP SPORTS NATION services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
As a registered member you have the ability to create a PREP SPORTS NATION profile to share information about yourself and your team on the PREP SPORTS NATION Website (a “Profile”). Please choose carefully the information you post on PREP SPORTS NATION.com and that you provide to other Users. Your Profile may not include the following items: telephone numbers, street addresses, and any photographs or videos containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other PREP SPORTS NATION.com members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and PREP SPORTS NATION.com assumes no responsibility or liability for this material. If you become aware of misuse of the PREP SPORTS NATION services by any person, please contact PREP SPORTS NATION.com or click on the “Report” button on any User's profile page, or click on the “Report” link on the detailed photo or video pages.
PREP SPORTS NATION.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posted content (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the PREP SPORTS NATION services at any time, for any or no reason, with or without prior notice, and without liability.
Your use of the PREP SPORTS NATION services is subject to the following specific terms:
1. Eligibility. Use of and registration for the PREP SPORTS NATION services is void where prohibited. By using the PREP SPORTS NATION services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) all information you post on the PREP SPORTS NATION services including your Profile is truthful and accurate; (c) you will maintain the accuracy of all such information; (d) you are 13 years of age or older; and (e) your use of the PREP SPORTS NATION services does not violate any applicable law or regulation. Your Profile may be deleted and your member registration may be terminated without warning, if we believe that you are under 13 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the PREP SPORTS NATION services or are a registered member. You may terminate your registration at any time, for any reason, by following the instructions on the My Account section of the Edit Profile page. PREP SPORTS NATION.com may terminate your member registration at any time, and for any reason, without warning. Even after member registration is terminated, this Agreement will remain in effect, including sections 5-16.
3. Fees. You acknowledge that PREP SPORTS NATION.com reserves the right to charge fees for the use of the PREP SPORTS NATION services and to change its fees from time to time in its sole discretion. If PREP SPORTS NATION.com terminates your member registration because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of such fees.
4. Password. When you sign up to become a registered member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the member account or password of another Member at any time or to disclose your password to any third party. You agree to notify PREP SPORTS NATION.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Registered Users. The PREP SPORTS NATION services are for the personal use of registered members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by PREP SPORTS NATION.com. Illegal and/or unauthorized use of the PREP SPORTS NATION services, including collecting membernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the PREP SPORTS NATION Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Profiles without notice and may result in termination of member registration. Appropriate legal action will be taken for any illegal or unauthorized use of the PREP SPORTS NATION services.
6. Proprietary Rights in Content on PREP SPORTS NATION.com. Except as otherwise expressly authorized by a member, PREP SPORTS NATION.com does not claim any ownership rights in the text, information, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you upload, display or publish (“post”) to the PREP SPORTS NATION services. After posting your Content to the PREP SPORTS NATION services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By posting any Content on or through the PREP SPORTS NATION services, you hereby grant to PREP SPORTS NATION.com and its sponsors and affiliates a non-exclusive, fully-paid, royalty-free, sublicensable, worldwide limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content.
Without this license, PREP SPORTS NATION.com would be unable to provide the PREP SPORTS NATION services. The license you grant to PREP SPORTS NATION.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to PREP SPORTS NATION.com), fully-paid and royalty-free (meaning that PREP SPORTS NATION.com is not required to pay you for the use on or in connection with the PREP SPORTS NATION services of the Content that you post), sub licensable (meaning that PREP SPORTS NATION.com is able to share the Content with its sponsors, affiliates and subcontractors), and worldwide (because the Internet and the PREP SPORTS NATION services are global in reach).
You represent and warrant that: (i) you own the Content posted by you on or through the PREP SPORTS NATION services, or otherwise have the unrestricted right to grant the license set forth in this section, and (ii) the posting of your Content on or through the PREP SPORTS NATION services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the PREP SPORTS NATION services.
The PREP SPORTS NATION services contain content of PREP SPORTS NATION.com and its sponsors and affiliates ("PREP SPORTS NATION.com Content"). PREP SPORTS NATION.com Content is protected by copyright, trademark, patent, trade secret and other laws, and PREP SPORTS NATION.com owns or has the right to use, and retains all rights in the PREP SPORTS NATION.com Content and the PREP SPORTS NATION services. PREP SPORTS NATION.com hereby grants you a non-exclusive, revocable, non-sub licensable, limited license to reproduce and display the PREP SPORTS NATION.com Content (excluding any software code) solely for your personal use in connection with viewing the PREP SPORTS NATION Website and using the PREP SPORTS NATION services.
The PREP SPORTS NATION services contain Content of members, sponsors, affiliates, and other PREP SPORTS NATION.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the PREP SPORTS NATION services.
7. Content Posted. You are solely responsible for (a) the Content that you post on or through any of the PREP SPORTS NATION services, (b) any material or information that you transmit to other members through the Messaging Service or otherwise, and (c) for your interactions with other members. PREP SPORTS NATION.com does not endorse and has no control over the Content. Content is not necessarily reviewed by PREP SPORTS NATION.com prior to posting and does not necessarily reflect the opinions or policies of PREP SPORTS NATION.com. PREP SPORTS NATION.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other members.
PREP SPORTS NATION.com may delete any Prohibited Content (as defined below). PREP SPORTS NATION.com assumes no responsibility for monitoring the PREP SPORTS NATION services for inappropriate Content or conduct. If at any time PREP SPORTS NATION.com chooses, in its sole discretion, to monitor the PREP SPORTS NATION services, PREP SPORTS NATION.com nonetheless assumes no responsibility for Prohibited Content, no obligation to modify or remove any Prohibited Content, and no responsibility for the conduct of the member submitting any such Content.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the PREP SPORTS NATION services (“Prohibited Content”). PREP SPORTS NATION.com reserves the right to investigate and take appropriate legal action against anyone who, in PREP SPORTS NATION's sole discretion, violates this provision, including without limitation, removing the Prohibited Content from the PREP SPORTS NATION services and terminating the member registration of such violators. Prohibited Content includes, but is not limited to content that, in the sole discretion of PREP SPORTS NATION.com:
- is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone;
- provides any telephone numbers, street addresses, last names, URLs or email addresses other than in connection with the PREP SPORTS NATION profile or the PREP SPORTS NATION services;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the Profile
- posts advertisements or solicitations of business, or
- impersonates another person.
The following is a partial list of the kind of activity that is illegal or prohibited on the PREP SPORTS NATION Website and through your use of the PREP SPORTS NATION services (“Prohibited Activity”). PREP SPORTS NATION.com reserves the right to investigate and take appropriate legal action against anyone who, in PREP SPORTS NATION's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to activity in the sole discretion of PREP SPORTS NATION.com that is:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any member to buy or sell any products or services through the PREP SPORTS NATION services other than someone authorized by PREP SPORTS NATION. You may not transmit any chain letters or junk email to other members. It is also a violation of this Agreement to use any information obtained from the PREP SPORTS NATION services in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such unauthorized advertising or solicitation, PREP SPORTS NATION.com reserves the right to restrict the number of internal messages that a member may send to other members in any 24-hour period to a number which PREP SPORTS NATION.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, messages or other unsolicited communications of any kind through the PREP SPORTS NATION services, you acknowledge that you will have caused substantial harm to PREP SPORTS NATION.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay PREP SPORTS NATION.com $100 for each such unsolicited email or other unsolicited communication you send through the PREP SPORTS NATION services;
- covering or obscuring the banner advertisements on your personal profile page, or any PREP SPORTS NATION.com page by means of HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the PREP SPORTS NATION services or the networks or services connected to the PREP SPORTS NATION services;
- attempting to impersonate another member or person;
- using the account, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your Profile;
- using any information obtained from the PREP SPORTS NATION services in order to harass, abuse, or harm another person;
- displaying an advertisement on your Profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the PREP SPORTS NATION services on behalf of that person, such as placing commercial content on your Profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose;
- using the PREP SPORTS NATION services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of PREP SPORTS NATION.com to terminate the member registration of any member who repeatedly infringes the copyright rights of others upon receipt of proper notification to PREP SPORTS NATION.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the PREP SPORTS NATION services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the PREP SPORTS NATION services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10. User Disputes. You are solely responsible for your interactions with other PREP SPORTS NATION.com Users. PREP SPORTS NATION.com reserves the right, but has no obligation, to monitor disputes between you and other Users.
11. Privacy Policy. The use of the PREP SPORTS NATION services is also governed by the PREP SPORTS NATION Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. PREP SPORTS NATION.com is not responsible for any incorrect or inaccurate Content posted on the PREP SPORTS NATION Website or in connection with the PREP SPORTS NATION services, whether caused by Users of the PREP SPORTS NATION services or by any of the hardware, software or functionality associated with or utilized in the PREP SPORTS NATION services. Profiles created and posted by members on the PREP SPORTS NATION Website may contain links to other websites. PREP SPORTS NATION.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by PREP SPORTS NATION.com. Inclusion of any linked website on the PREP SPORTS NATION services does not imply approval or endorsement of the linked website by PREP SPORTS NATION.com. When you access these third-party sites, you do so at your own risk. PREP SPORTS NATION.com takes no responsibility for third party advertisements which are posted on this PREP SPORTS NATION Website or through the PREP SPORTS NATION services, nor does it take any responsibility for the goods or services provided by its sponsors, advertisers, strategic partners or affiliates. PREP SPORTS NATION.com is not responsible for the conduct, whether online or offline, of any User of the PREP SPORTS NATION services. PREP SPORTS NATION.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Profile, Content or communication. PREP SPORTS NATION.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, due to technical problems or traffic congestion on the Internet or on any of the PREP SPORTS NATION services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PREP SPORTS NATION services. Under no circumstances shall PREP SPORTS NATION.com be responsible for any loss or damage, including personal injury or death, resulting from use of the PREP SPORTS NATION services, attendance or participation in a PREP SPORTS NATION.com event or promotion, from any Content posted on or through the PREP SPORTS NATION services, or from the conduct of any Users of the PREP SPORTS NATION services, whether online or offline. The PREP SPORTS NATION services are provided "AS-IS" and as available and PREP SPORTS NATION.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PREP SPORTS NATION.com cannot guarantee and does not promise any specific results from use of the PREP SPORTS NATION services.
13. Limitation on Liability. In no event shall Prep Sports Nation be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Prep Sports Nation.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Prep Sports Nation's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Prep Sports Nation.com for the Prep Sports Nation services during the term of your use of the Prep Sports Nation website.
14. Disputes. If there is any dispute about or involving the PREP SPORTS NATION services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in New York, New York. Either PREP SPORTS NATION.com or you may demand that any dispute between PREP SPORTS NATION.com and you about or involving the PREP SPORTS NATION services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent PREP SPORTS NATION.com from seeking injunctive relief in a court of competent jurisdiction.
15. Indemnity. You agree to indemnify and hold PREP SPORTS NATION.com, its subsidiaries, and affiliates, and their respective directors, officers, agents, sponsors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the PREP SPORTS NATION services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the PREP SPORTS NATION Website or through the PREP SPORTS NATION services causes PREP SPORTS NATION.com to be liable to another.
Other. This Agreement is accepted upon your use of the PREP SPORTS NATION Website or any of the PREP SPORTS NATION services and is further affirmed by you becoming a member. This Agreement constitutes the entire agreement between you and PREP SPORTS NATION.com regarding the use of the PREP SPORTS NATION services. The failure of PREP SPORTS NATION.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. PREP SPORTS NATION.com is a trademark of PREP SPORTS NATION, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact PREP SPORTS NATION with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© 2007-2012 PREP SPORTS NATION, INC. All Rights Reserved.
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