TERMS AND CONDTIONS OF USE
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE.
Athletes USA reserves the right to change, suspend and/or discontinue, at any time, any aspect or feature of our website, including without limitation content, hours of availability and equipment needed for access or use. We also reserve the right to change or modify the Terms and Conditions applicable to your use of our website, or any part thereof, or to impose new conditions, at any time, either by emailing you notification of the new conditions and/or by publishing the modified Terms and Conditions on the relevant pages of our website. All such changes will take effect within thirty (30) days after they have been posted on our website or emailed to you, and you will be deemed to have accepted any such changes by your use of our website following such time. Therefore, we encourage you to regularly review the Terms and Conditions.
You may be asked to register on or through our website to participate in or receive various services offered by Athletes USA College Recruiting. The availability of these services may vary, and, in the future, we may add other services that may be accessed through our website. While your use of our website is subject to the Terms and Conditions, other services offered by Athletes USA may be subject to additional terms and conditions.
YOUR USE OF OUR WEBSITE
You agree that you will not:
•Use Athletes USA website in any way that may lead to the encouragement, procurement or carrying out of any illegal or criminal activity.
•Use our website for any purpose other than your personal use.
•Obtain or attempt to obtain any materials, documents or information through any means not purposely made available through our website.
•Penetrate or attempt to penetrate the security measures protecting our website, including without limitation by hacking, password “mining” or any other illegitimate means.
•Probe, scan or test the vulnerability or security of our website.
•Frame or utilize framing techniques to enclose any portion of our website.
•Intentionally disrupt the operation or functionality of our website.
You further agree that you will not use our website to:
•Impersonate another person, whether actual or fictitious, including without limitation impersonating any Athletes USA employees or Sport Scouts.
•Post, disseminate, submit, transmit, host, share and/or publish material that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous or invasive of another’s privacy, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
•Transmit viruses, “Trojan horses,” chain letters, junk mail, “spam” or bulk communications of any kind.
•Post, disseminate, submit, transmit, host, share and/or publish advertisements or solicitations of business.
•Post, disseminate, submit, transmit, host, share and/or publish material that is protected by copyright, trade secret, patent, trademark and/or other proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights, or you have written permission from the rightful owner of such rights, and you grant us a license, consent and release with respect to such material as provided in the Terms and Conditions.
YOUR SUBMISSIONS TO OUR WEBSITE
Our website may allow you to post, disseminate, submit, transmit, host, share and/or publish various materials and information, including without limitation videos, photographs, biographical information and other materials (collectively, “User Materials”). You are solely responsible for your User Materials and the consequences of posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our website.
By using our website and posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our website, you represent and warrant that you own the entire right, title and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent and release herein), and that such User Materials: (i) are original and have not been copied in whole or in part from any other work; and, (ii) do not violate, infringe and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights.
You hereby grant to Athletes USA American Sport Scholarship Agency and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of the foregoing (collectively, “Athletes USA Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode such User Materials, in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the Internet, in publications and advertisements, at scouting/recruiting events and in kits distributed to the media. You further hereby irrevocably consent and allow the Athletes USA Parties to use and share the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in such User Materials (collectively “Names and Likenesses”). You also hereby irrevocably waive as against the Athletes USA Parties all moral rights and rights of restraint in such User Materials.
You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify the Athletes USA Parties from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys’ fees), that you, or any third party, shall or may have arising out of or in connection with the use of such User Materials and/or Names and Likenesses as provided herein. The license, consent and release herein is binding upon you and your heirs, executors, administrators, successors, licensees and assigns.
You acknowledge that Athletes USA reserves the right to display advertisements in connection such User Materials, to display such User Materials with similar materials from other users and to use such User Materials for marketing, promotional and advertising purposes. You further acknowledge that Athletes USA has the right, in our sole discretion, to prescreen, pre-approve, refuse and/or remove from our website, without prior notice, any User Materials, including without limitation User Materials that violate the Terms and Conditions.
If you have any comments or questions regarding content or materials on our website, please contact Athletes USA using the contact information found at the end of the Terms and Conditions. If you believe in good faith that any content or materials on our website violate your copyright, please contact us as provided in the following section of the Terms and Conditions.
COPYRIGHT INFRINGEMENT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT
Athletes USA respects the valid intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on our website, including without limitation User Materials, in accordance with the Digital Millennium Copyright Act (the “DMCA”)
The DMCA provides a process for copyright owners to give notification to online service providers concerning alleged copyright infringement. When Athletes USA receives a valid DMCA notification, we respond by removing (or disabling access to) the allegedly infringing content or materials. After removing such content or materials, Athletes USA will take reasonable steps to contact the owner of the removed content or materials so that a DMCA counter notification may be submitted. After receiving a valid counter notification, Athletes USA generally restores the allegedly infringing content or materials, unless we receive further notice from the copyright owner that a legal action has been filed seeking a court order to restrain the alleged copyright infringer from engaging in the allegedly infringing activity
If you are a copyright owner, or an agent of a copyright owner, and you believe that any content or materials on our website, including without limitation User Materials, violate your copyright, you may submit a notification pursuant to the DMCA by providing our DMCA agent with the following information in writing (please see 17 U.S.C. §512(c)(3) for further detail): (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Athletes USA to locate the material; (iv) information reasonably sufficient to permit Athletes USA to contact you, such as an address, telephone number, and, if available, an email address; (v) 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, (vi) 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 the allegedly infringed copyright.
Athletes USA’s designated agent to receive notifications of claimed copyright infringement under the DMCA is:
Name: Athletes USA
For the purposes of clarification, only notices pursuant to the DMCA should be directed to Athletes USA’s DMCA agent. All other questions or concerns about our website or the Terms and Conditions should be directed to Athletes USA as set forth at the end of the Terms and Conditions.
If you believe that your User Materials have been improperly removed because they are not infringing, because you have authorization from the actual copyright owner or the owner’s agent and/or because you have the right to use the User Materials under applicable law, you may send a written counter notification to Athletes USA’s DMCA agent with the following information (please see 17 U.S.C. §512(g)(3) for further detail): (i) your physical or electronic signature; (ii) identification of the User Materials that have been removed or to which access has been disabled and the location(s) at which the User Materials appeared before such User Materials were removed or disabled; (iii) a statement under penalty of perjury that you have a good faith belief that such User Materials were removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your name, address, telephone number and, if available, email address; and, (e) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, to the jurisdiction of the Federal District Court for the Northern District of Illinois, and that you will accept service of process from the party that provided notification to Athletes USA of the alleged infringement.
If Athletes USA’s DMCA agent receives a valid counter notification pursuant to the DMCA, we may send a copy of such counter notification to the original complaining party and we may inform such party that we may replace the removed or disabled content in ten (10) business days. Unless Athletes USA’s DMCA agent receives further notice from the original complaining party that it has filed an action seeking a court order to restrain the allegedly infringing activity, we may replace or re-enable access to the allegedly infringing content or materials not less than ten (10), nor more than fourteen (14), business days after receipt of the valid counter notification.
All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our website, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and “look and feel” of our website, and the software comprising and/or embodying the foregoing (collectively, the “Athletes USA Content”), are owned, controlled or licensed by or to Athletes USA, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws. Your use of our website gives you no ownership rights in the Athletes USA Content.
You may not, without limitation, copy, reproduce, republish, download, print, post, broadcast, record, mirror, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of our website or the Athletes USA Content except as follows: (i) you may download the Athletes USA Content to your website viewing device for the purpose of viewing it; and, (ii) you may print portions of our website and the associated Athletes USA Content for your personal informational use as long as the printed portions are not subsequently modified or altered in any way. Any use other than as permitted under the Terms and Conditions may be undertaken only with the prior written authorization of Athletes USA.
TERMINATION OF YOUR RIGHT TO USE OUR WEBSITE
Athletes USA reserves the right to suspend, restrict and/or terminate your access to our website at any time, without notice, in our sole discretion, without limitation to any of our other rights. Further, Athletes USA reserves the right to terminate your account if your User Materials are the subject of multiple DMCA notifications and/or you are deemed to be a repeat infringer.
PRODUCTS AND SERVICES OFFERED BY Athletes USA
Athletes USA may offer products and services on or through our website. When you enroll for such products or service, you accept the specific agreement(s) applicable to such products or services. Your use of any such products or services is governed by the terms and conditions in the applicable agreement(s) for such products or services and, to the extent such products or services are provided through our website, the Terms and Conditions also will apply.
NO EXPECTATION OF PRIVACY
LINKS TO OTHER WEBSITES
Our website may provide links to other websites or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to you and, unless otherwise explicitly stated, should not be construed as an endorsement by Athletes USA of the content, product or services on such websites or resources. You access and use such websites or resources, including the content, products or services thereon, solely at your own risk. We make no representations or warranties with respect to the content, ownership, or legality of any such linked websites, and you agree that Athletes USA has no responsibility or liability for the availability of such websites or resources, or for the content, advertising, products, services or other materials available through such websites or resources.
LINKING TO OUR WEBSITE
You may not link to Athletes USA’s website without our prior written consent.
THIRD PARTY ADVERTISING ON OUR WEBSITE
Unless otherwise explicitly stated, Athletes USA does not endorse or guarantee any third party products or services advertised on our website or any third parties sponsoring parts of our website. Your dealings with advertisers or other third parties found on or through our website are solely the responsibility of you and the third party. These dealings include without limitation your participation in promotions, the payment for and delivery of products and services, if any, and any terms, conditions, warranties or representations associated with such dealings. You agree that Athletes USA will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our website.
DISCLAIMER OF WARRANTIES
THE CONTENT ON OUR WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. ALL CONTENT AND SERVICES ON OUR WEBSITE ARE provided by Athletes USA on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, WITH RESPECT TO OUR WEBSITE or the information, content, materials, services or products included on OUR WEBSITE. WE WILL PROVIDE OUR WEBSITE WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THE TERMS AND CONDITIONS. HOWEVER, WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT OUR WEBSITE OR ANY WEBSITES LINKED TO OUR WEBSITE. You expressly agree that your use of OUR WEBSITE is at your sole risk.
We do not warrant that OUR WEBsite, its servers or e-mail sent from US are free of viruses or other harmful components. WHILE WE USE ALL REASONABLE efforts TO CORRECT ANY ERRORS OR OMISSIONS WITHIN OUR WEBSITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION, WE DO NOT WARRANT THAT THE INFORMATION ON OUR WEBSITE WILL BE FREE FROM ERRORS OR OMISSIONS. WHILE WE attempt to be as accurate as possible, WE do not warrant that descriptions or other content ON OUR WEBSITE ARE accurate, complete, reliable, current or error-free.
WE DO NOT WARRANT THAT OUR WEBSITE WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION. access to OUR website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond OUR reasonable control.
LIMITATION OF LIABILITY
In no event shall We, OUR affiliates, LICENSEES, parents, or subsidiaries be liable to YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY US ARISING OUT OF THE TERMS AND CONDITIONS OR YOUR USE OF OUR WEBSITE. WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO PARTICIPATE IN THE USE OF OUR WEBSITE BY METHODS, MEANS OR WAYS NOT INTENDED BY US. OUR LIABILITY IN TORT, CONTRACT, NEGLIGENCE, PRE-CONTRACT OR OTHER REPRESENTATIONS OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE TERMS AND CONDITIONS SHALL BE LIMITED IN AGGREGATE TO THE NET PAYMENT, IF ANY, MADE BY YOU TO US VIA OUR WEBSITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
The Terms and Conditions shall be governed by and construed under the law of the State of Florida, without regard to conflicts of laws rules. You agree that the courts of Florida shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts in Miami, Florida. Any action arising out of the Terms and Conditions must be brought within one (1) year after the cause of action has arisen.
LIABILITY FOR TECHNICAL DISRUPTIONS TO OUR WEBSITE
If you cause a technical disruption of our website or any aspect of its functionality you agree to be responsible for any and all loss, costs, liabilities or expenses Athletes USA may suffer and you agree to be liable for any attorneys’ fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other venders in law or equity.
You agree to compensate, indemnify, defend, and hold harmless Athletes USA, our officers, directors, employees, agents, business partners, affiliates, distributors, licensors and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of our website and any violation of the Terms and Conditions.
Each provision of the Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
HOW TO CONTACT US
Should you have questions or concerns about the Terms and Conditions, please contact us by mail, phone or email as follows:
Athletes USA, Inc.
Attention: Website Terms and Conditions
800 Brickell Avenue, Suite 1105, Miami, FL, 33131
(646) 233 – 3021