PrimeTimePlayer Terms of Service
Terms of Service
April
12, 2007
PrimeTimePlayer.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 PrimeTimePlayer
("PrimeTimePlayer", "we" or “our”) include the
PrimeTimePlayer.com website located at URL www.primetimeplayer.com (the
"PrimeTimePlayer Website"), the PrimeTimePlayer.com Internet messaging
service (the “Messaging Service”), and any other features, content,
functionality or applications offered from time to time by PrimeTimePlayer.com
in connection with the PrimeTimePlayer Website (collectively, the
"PrimeTimePlayer Services"). The PrimeTimePlayer 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 PrimeTimePlayer Services. By using the
PrimeTimePlayer Services, you agree to be bound by this Agreement, whether you
are a "Visitor" (which means that you simply browse the
PrimeTimePlayer Website) or you are a "Member" (which means that you
have registered as a member on the PrimeTimePlayer Website). The term
"User" refers to both a Visitor and a Member. You are only authorized
to use the PrimeTimePlayer 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 PrimeTimePlayer Website and
discontinue use of the PrimeTimePlayer Services immediately. If you wish to
become a registered user, communicate with other users and make use of the
PrimeTimePlayer Services, you must read this Agreement and indicate your
acceptance during the Registration process. This Agreement includes
MYSPORTSGROOVE.com's policy for acceptable use of the MYSPORTSGROOVE Services
and content posted on the MYSPORTSGROOVE Website, your rights, obligations and
restrictions regarding your use of the MYSPORTSGROOVE Services and
MYSPORTSGROOVE.com's Privacy Policy. Unless otherwise provided by the
additional terms and conditions applicable to the MYSPORTSGROOVE 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: privacy@MySportsGroove.com, Subject: Terms of Use Agreement.
MYSPORTSGROOVE.com
may modify this Agreement from time to time and such modification shall be
effective upon posting by MYSPORTSGROOVE.com on the MYSPORTSGROOVE Website. You
agree to be bound to any changes to this Agreement when you use the
MYSPORTSGROOVE 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 user you have the ability to create a MYSPORTSGROOVE profile to
share information about yourself and your team on the MYSPORTSGROOVE Website (a
“Profile”). Please choose carefully the information you post on
MYSPORTSGROOVE.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 MYSPORTSGROOVE.com users (for
instance, in their Profile) may contain inaccurate, inappropriate, offensive or
sexually explicit material, products or services, and MYSPORTSGROOVE.com
assumes no responsibility or liability for this material. If you become aware
of misuse of the MYSPORTSGROOVE Services by any person, please contact MYSPORTSGROOVE.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.
MYSPORTSGROOVE.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 MYSPORTSGROOVE
Services at any time, for any or no reason, with or without prior notice, and
without liability.
Your
use of the MYSPORTSGROOVE Services is subject to the following specific terms:
1.
Eligibility. Use of and registration for the MYSPORTSGROOVE Services is
void where prohibited. By using the MYSPORTSGROOVE Services, you represent and
warrant that (a) all registration information you submit is truthful and
accurate; (b) all information you post on the MYSPORTSGROOVE 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 MYSPORTSGROOVE Services does not violate any applicable law or regulation.
Your Profile may be deleted and your user 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 MYSPORTSGROOVE Services or are a registered user. 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. MYSPORTSGROOVE.com may
terminate your user registration at any time, and for any reason, without
warning. Even after user registration is terminated, this Agreement will remain
in effect, including sections 5-16.
3.
Fees. You acknowledge that MYSPORTSGROOVE.com reserves the right to
charge fees for the use of the MYSPORTSGROOVE Services and to change its fees
from time to time in its sole discretion. If MYSPORTSGROOVE.com terminates your
user 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 user, 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 user account or
password of another Member at any time or to disclose your password to any
third party. You agree to notify MYSPORTSGROOVE.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 MYSPORTSGROOVE
Services are for the personal use of registered users only and may not be used
in connection with any commercial endeavors except those that are specifically
endorsed or approved by MYSPORTSGROOVE.com. Illegal and/or unauthorized use of
the MYSPORTSGROOVE Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the MYSPORTSGROOVE
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 user registration. Appropriate legal action will be
taken for any illegal or unauthorized use of the MYSPORTSGROOVE Services.
6.
Proprietary Rights in Content on MYSPORTSGROOVE.com. Except as
otherwise expressly authorized by a user, MYSPORTSGROOVE.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 MYSPORTSGROOVE Services. After posting your Content to the
MYSPORTSGROOVE 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 MYSPORTSGROOVE Services, you
hereby grant to MYSPORTSGROOVE.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, MYSPORTSGROOVE.com would be unable to provide the
MYSPORTSGROOVE Services. The license you grant to MYSPORTSGROOVE.com is
non-exclusive (meaning you are free to license your Content to anyone else in
addition to MYSPORTSGROOVE.com), fully-paid and royalty-free (meaning that
MYSPORTSGROOVE.com is not required to pay you for the use on or in connection
with the MYSPORTSGROOVE Services of the Content that you post), sublicensable
(meaning that MYSPORTSGROOVE.com is able to share the Content with its
sponsors, affiliates and subcontractors), and worldwide (because the Internet
and the MYSPORTSGROOVE Services are global in reach).
You represent and warrant that: (i) you own the Content posted by you on or
through the MYSPORTSGROOVE 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 MYSPORTSGROOVE 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
MYSPORTSGROOVE Services.
The MYSPORTSGROOVE Services contain content of MYSPORTSGROOVE.com and its
sponsors and affiliates ("MYSPORTSGROOVE.com Content").
MYSPORTSGROOVE.com Content is protected by copyright, trademark, patent, trade
secret and other laws, and MYSPORTSGROOVE.com owns or has the right to use, and
retains all rights in the MYSPORTSGROOVE.com Content and the MYSPORTSGROOVE
Services. MYSPORTSGROOVE.com hereby grants you a non-exclusive, revocable,
nonsublicensable, limited license to reproduce and display the
MYSPORTSGROOVE.com Content (excluding any software code) solely for your
personal use in connection with viewing the MYSPORTSGROOVE Website and using
the MYSPORTSGROOVE Services.
The MYSPORTSGROOVE Services contain Content of users, sponsors, affiliates, and
other MYSPORTSGROOVE.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 MYSPORTSGROOVE
Services.
This website uses services and products protected by one or more of U.S. Patent
Nos. 5,880,722; 5,886,692; 6,157,771; 6,201,925; 6,262,777; 6,285,361;
6,400,886; 6,661,430; and patents pending.
7.
Content Posted. You are solely responsible for (a) the Content
that you post on or through any of the MYSPORTSGROOVE Services, (b) any
material or information that you transmit to other users through the Messaging
Service or otherwise, and (c) for your interactions with other users.
MYSPORTSGROOVE.com does not endorse and has no control over the Content.
Content is not necessarily reviewed by MYSPORTSGROOVE.com prior to posting and
does not necessarily reflect the opinions or policies of MYSPORTSGROOVE.com.
MYSPORTSGROOVE.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 users.
MYSPORTSGROOVE.com may delete any Prohibited Content (as defined below).
MYSPORTSGROOVE.com assumes no responsibility for monitoring the MYSPORTSGROOVE
Services for inappropriate Content or conduct. If at any time
MYSPORTSGROOVE.com chooses, in its sole discretion, to monitor the
MYSPORTSGROOVE Services, MYSPORTSGROOVE.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 user
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 MYSPORTSGROOVE Services (“Prohibited Content”). MYSPORTSGROOVE.com
reserves the right to investigate and take appropriate legal action against
anyone who, in MYSPORTSGROOVE.com's sole discretion, violates this provision,
including without limitation, removing the Prohibited Content from the
MYSPORTSGROOVE Services and terminating the user registration of such
violators. Prohibited Content includes, but is not limited to Content that, in
the sole discretion of MYSPORTSGROOVE.com:
o is patently offensive or
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual;
o harasses or advocates
harassment of another person;
o exploits people in a
sexual or violent manner;
o contains nudity,
violence, or offensive subject matter or contains a link to an adult website;
o solicits personal
information from anyone under 18;
o provides any telephone
numbers, street addresses, last names, URLs or email addresses other than in
connection with the MYSPORTSGROOVE profile or the MYSPORTSGROOVE Services;
o promotes information that
you know is false or misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
o promotes an illegal or
unauthorized copy of another person's copyrighted work;
o involves the transmission
of "junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spimming," or "spamming";
o contains restricted or
password only access pages or hidden pages or images (those not linked to or
from another accessible page);
o 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;
o solicits passwords or
personal identifying information for commercial or unlawful purposes from other
users;
o involves commercial
activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, or pyramid schemes;
o includes a photograph of
another person that you have posted without that person's consent; or
o uses sexually suggestive
imagery or any other unfair, misleading or deceptive Content intended to draw
traffic to the Profile
o posts advertisements or
solicitations of business, or
o impersonates another
person.
The following is a partial list of the
kind of activity that is illegal or prohibited on the MYSPORTSGROOVE Website
and through your use of the MYSPORTSGROOVE Services (“Prohibited Activity”).
MYSPORTSGROOVE.com reserves the right to investigate and take appropriate legal
action against anyone who, in MYSPORTSGROOVE.com'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 MYSPORTSGROOVE.com that is:
o criminal or tortious
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;
o advertising to, or
solicitation of, any user to buy or sell any products or services through the
MYSPORTSGROOVE Services other than someone authorized by MYSPORTSGROOVE. You
may not transmit any chain letters or junk email to other users. It is also a
violation of this Agreement to use any information obtained from the
MYSPORTSGROOVE Services in order to contact, advertise to, solicit, or sell to
any user without their prior explicit consent. In order to protect our users
from such unauthorized advertising or solicitation, MYSPORTSGROOVE.com reserves
the right to restrict the number of internal messages that a user may send to other
users in any 24-hour period to a number which MYSPORTSGROOVE.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 MYSPORTSGROOVE Services, you acknowledge that you will have
caused substantial harm to MYSPORTSGROOVE.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 MYSPORTSGROOVE.com $50 for each such unsolicited email
or other unsolicited communication you send through the MYSPORTSGROOVE
Services;
o covering or obscuring the
banner advertisements on your personal profile page, or any MYSPORTSGROOVE.com
page by means of HTML/CSS or any other means;
o any automated use of the
system, such as using scripts to add friends or send comments or messages;
o interfering with,
disrupting, or creating an undue burden on the MYSPORTSGROOVE Services or the
networks or services connected to the MYSPORTSGROOVE Services;
o attempting to impersonate
another user or person;
o using the account, or
password of another user at any time or disclosing your password to any third
party or permitting any third party to access your account;
o selling or otherwise
transferring your Profile;
o using any information
obtained from the MYSPORTSGROOVE Services in order to harass, abuse, or harm
another person;
o 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 MYSPORTSGROOVE 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 as one of
your "Top 8" friends, or sending private messages with a commercial
purpose; or
o using the MYSPORTSGROOVE
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 MYSPORTSGROOVE.com to terminate the user registration of any user who
repeatedly infringes the copyright rights of others upon receipt of proper
notification to MYSPORTSGROOVE.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 MYSPORTSGROOVE 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 MYSPORTSGROOVE 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. MYSPORTSGROOVE.com's
Copyright Agent for notice of claims of copyright infringement can be reached
as follows: Sean Allen, MYSPORTSGROOVE, PO Box 535184 Grand Prairie, Texas
75053, the phone number is 817-439-2044 and the facsimile is 817-439-4045. Sean
Allen’s e-mail address is sallen@sportsgroovellc.com.
10. User Disputes. You are solely
responsible for your interactions with other MYSPORTSGROOVE.com Users.
MYSPORTSGROOVE.com reserves the right, but has no obligation, to monitor
disputes between you and other Users.
11. Privacy Policy. The use of the
MYSPORTSGROOVE Services is also governed by the MYSPORTSGROOVE.com Privacy
Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. MYSPORTSGROOVE.com is
not responsible for any incorrect or inaccurate Content posted on the
MYSPORTSGROOVE Website or in connection with the MYSPORTSGROOVE Services,
whether caused by Users of the MYSPORTSGROOVE Services or by any of the
hardware, software or functionality associated with or utilized in the
MYSPORTSGROOVE Services. Profiles created and posted by users on the
MYSPORTSGROOVE Website may contain links to other websites. MYSPORTSGROOVE.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 MYSPORTSGROOVE.com. Inclusion of any linked
website on the MYSPORTSGROOVE Services does not imply approval or endorsement
of the linked website by MYSPORTSGROOVE.com. When you access these third-party
sites, you do so at your own risk. MYSPORTSGROOVE.com takes no responsibility for
third party advertisements which are posted on this MYSPORTSGROOVE Website or
through the MYSPORTSGROOVE Services, nor does it take any responsibility for
the goods or services provided by its sponsors, advertisers, strategic partners
or affiliates. MYSPORTSGROOVE.com is not responsible for the conduct, whether
online or offline, of any User of the MYSPORTSGROOVE Services.
MYSPORTSGROOVE.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. MYSPORTSGROOVE.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 MYSPORTSGROOVE 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 MYSPORTSGROOVE
Services. Under no circumstances shall MYSPORTSGROOVE.com be responsible for
any loss or damage, including personal injury or death, resulting from use of
the MYSPORTSGROOVE Services, attendance or participation in a
MYSPORTSGROOVE.com event or promotion, from any Content posted on or through
the MYSPORTSGROOVE Services, or from the conduct of any Users of the
MYSPORTSGROOVE Services, whether online or offline. The MYSPORTSGROOVE Services
are provided "AS-IS" and as available and MYSPORTSGROOVE.com
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. MYSPORTSGROOVE.com cannot guarantee and does not promise any
specific results from use of the MYSPORTSGROOVE Services.
13. Limitation on Liability. IN NO EVENT SHALL
MYSPORTSGROOVE, INC. 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
MYSPORTSGROOVE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYSPORTSGROOVE,
INC.’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
MYSPORTSGROOVE.COM FOR THE MYSPORTSGROOVE SERVICES DURING THE TERM OF YOUR USE
OF THE MYSPORTSGROOVE WEBSITE.
14. Disputes. If there is any dispute
about or involving the MYSPORTSGROOVE 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 MYSPORTSGROOVE.com or you may demand that any dispute between
MYSPORTSGROOVE.com and you about or involving the MYSPORTSGROOVE 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 MYSPORTSGROOVE.com from seeking injunctive
relief in a court of competent jurisdiction.
15. Indemnity. You agree to indemnify
and hold MYSPORTSGROOVE.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 MYSPORTSGROOVE 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
MYSPORTSGROOVE Website or through the MYSPORTSGROOVE Services causes
MYSPORTSGROOVE.com to be liable to another.
16. Other. This Agreement is
accepted upon your use of the MYSPORTSGROOVE Website or any of the
MYSPORTSGROOVE Services and is further affirmed by you becoming a user. This
Agreement constitutes the entire agreement between you and MYSPORTSGROOVE.com
regarding the use of the MYSPORTSGROOVE Services. The failure of
MYSPORTSGROOVE.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. MYSPORTSGROOVE.com is a trademark of MYSPORTSGROOVE, 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 MYSPORTSGROOVE with any questions
regarding this Agreement.
I
HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.