MYSPORTSSPOT.COM Terms of Use Agreement

June 1, 2008

MySportsSpot.com is an online community where student athletes can upload their athletic and scholastic data, videos and pictures.  Coaches and recruiters throughout the country can also create accounts and maintain an athlete inventory as a way to track prospective college bound athletes. The site is free to all users who want to participate. MySportsSpot.com provides an avenue to those student athletes who want to take their sport to the next level, who are serious about going to college and who want to take an active role in or need help with showcasing their talents. The services offered by MySportsSpot.com ("MYSPORTSSPOT.com", "we" or “our”) include the MYSPORTSSPOT.com website located at URL www.MySportsSpot.com (the "MYSPORTSSPOT Website"), the MYSPORTSSPOT.com e-mail messaging service (the “Messaging Service”), and any other features, content, functionality or applications offered from time to time by MYSPORTSSPOT.com in connection with the MYSPORTSSPOT Website (collectively, the "MYSPORTSSPOT Services"). The MYSPORTSSPOT 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 MYSPORTSSPOT Services. By using the MYSPORTSSPOT Services, you consent to be bound by this Agreement, whether you are a "Guest" (which means that you browse the MYSPORTSSPOT Website) or you are a "Member" (which means that you have registered as a member on the MYSPORTSSPOT Website). The term "User" refers to both a Guest and a Member. You are only authorized to use the MYSPORTSSPOT 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 MYSPORTSSPOT Website and discontinue use of the MYSPORTSSPOT Services immediately. If you wish to become a registered user, communicate with other users and make use of the MYSPORTSSPOT services, you must read this Agreement and indicate your acceptance during the registration process. This agreement includes MYSPORTSSPOT.com's policy for acceptable use of the MYSPORTSSPOT Services and content posted on the MYSPORTSSPOT Website, your rights, obligations and restrictions regarding your use of the MYSPORTSSPOT Services and MYSPORTSSPOT.com's Privacy Policy. Unless otherwise provided by the additional terms and conditions applicable to the MYSPORTSSPOT 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@MySportsSpot.com, Subject: Terms of Use Agreement.  MYSPORTSSPOT.com may modify this Agreement from time to time and such modification shall be effective upon posting by MYSPORTSSPOT.com on the MYSPORTSSPOT Website. You agree to be bound to any changes to this Agreement when you use the MYSPORTSSPOT 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 MYSPORTSSPOT profile to share information about yourself and your team on the MYSPORTSSPOT Website (a “Profile”). Please choose the information you post on MYSPORTSSPOT.com and that you provide to other Users carefully. 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 MYSPORTSSPOT.com users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MYSPORTSSPOT.com assumes no responsibility or liability for this material. If you become aware of misuse of the MYSPORTSSPOT Services by any person, please contact MYSPORTSSPOT.com or click on the “Report as Inappropriate” button on any User’s detailed photo or video pages.  MYSPORTSSPOT.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 MYSPORTSSPOT Services at any time, for any or no reason, with or without prior notice, and without liability. Your use of the MYSPORTSSPOT Services is subject to the following specific terms:

Eligibility

Use of and registration for the MYSPORTSSPOT Services is void where prohibited. By using the MYSPORTSSPOT Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) all information you post on the MYSPORTSSPOT 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 (UNLESS YOU HAVE PARENTAL CONSENT); and (e) your use of the MYSPORTSSPOT 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 knowingly participating in the services provided on MYSPORTSSPOT under the age of 13 without parental consent.

 Fees

You acknowledge that MYSPORTSSPOT.com reserves the right to charge fees for the use of the MYSPORTSSPOT Services and to change its fees from time to time in its sole discretion. If MYSPORTSSPOT.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.

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 MYSPORTSSPOT.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.

Term

This Agreement shall remain in full effect while you use the MYSPORTSSPOT Services or are a registered user. You may terminate your registration at any time, for any reason, by emailing us at: termination@MySportsSpot.com. MYSPORTSSPOT.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 all subsequent sections.

Content Posted

You are solely responsible for (a) the Content that you post on or through any of the MYSPORTSSPOT 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. MYSPORTSSPOT.com does not endorse and has no control over the Content. Content is not necessarily reviewed by MYSPORTSSPOT.com prior to posting and does not necessarily reflect the opinions or policies of MYSPORTSSPOT.com. MYSPORTSSPOT.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.  MYSPORTSSPOT.com may delete any Prohibited Content (as defined below). MYSPORTSSPOT.com assumes no responsibility for monitoring the MYSPORTSSPOT Services for inappropriate Content or conduct. If at any time MYSPORTSSPOT.com chooses, in its sole discretion, to monitor the MYSPORTSSPOT Services, MYSPORTSSPOT.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.

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 MYSPORTSSPOT Services (“Prohibited Content”). MYSPORTSSPOT.com reserves the right to investigate and take appropriate legal action against anyone who, in MYSPORTSSPOT.com's sole discretion, violates this provision, including without limitation, removing the Prohibited Content from the MYSPORTSSPOT Services and terminating the user registration of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MYSPORTSSPOT.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 under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses other than in connection with the MYSPORTSSPOT profile or the MYSPORTSSPOT 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 users; 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 MYSPORTSSPOT Website and through your use of the MYSPORTSSPOT Services (“Prohibited Activity”). MYSPORTSSPOT.com reserves the right to investigate and take appropriate legal action against anyone who, in MYSPORTSSPOT.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 MYSPORTSSPOT.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 user to buy or sell any products or services through the MYSPORTSSPOT Services other than someone authorized by MYSPORTSSPOT. 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 MYSPORTSSPOT 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, MYSPORTSSPOT.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 MYSPORTSSPOT.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 MYSPORTSSPOT Services, you acknowledge that you will have caused substantial harm to MYSPORTSSPOT.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 MYSPORTSSPOT.com $100.00 for each such unsolicited email or other unsolicited communication you send through the MYSPORTSSPOT Services; covering or obscuring the banner advertisements on your personal profile page, or any MYSPORTSSPOT.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 MYSPORTSSPOT Services or the networks or services connected to the MYSPORTSSPOT Services; attempting to impersonate another user or person; 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; selling or otherwise transferring your Profile; using any information obtained from the MYSPORTSSPOT 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 MYSPORTSSPOT Services on behalf of that person, such as placing commercial content on your Profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or using the MYSPORTSSPOT Services in a manner inconsistent with any and all applicable laws and regulations.

Non-commercial Use by Registered Users

The MYSPORTSSPOT 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 MYSPORTSSPOT.com. Illegal and/or unauthorized use of the MYSPORTSSPOT 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 MYSPORTSSPOT 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 MYSPORTSSPOT Services.

Proprietary Rights in Content on MYSPORTSSPOT.com

Except as otherwise expressly authorized by a user, MYSPORTSSPOT.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 MYSPORTSSPOT Services. After posting your Content to the MYSPORTSSPOT 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 MYSPORTSSPOT Services, you hereby grant to MYSPORTSSPOT.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, MYSPORTSSPOT.com would be unable to provide the MYSPORTSSPOT Services. The license you grant to MYSPORTSSPOT.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to MYSPORTSSPOT.com), fully-paid and royalty-free (meaning that MYSPORTSSPOT.com is not required to pay you for the use on or in connection with the MYSPORTSSPOT Services of the Content that you post), sublicensable (meaning that MYSPORTSSPOT.com is able to share the Content with its sponsors, affiliates and subcontractors), and worldwide (because the Internet and the MYSPORTSSPOT Services are global in reach).  You represent and warrant that: (a) you own the Content posted by you on or through the MYSPORTSSPOT Services, or otherwise have the unrestricted right to grant the license set forth in this section, and (b) the posting of your Content on or through the MYSPORTSSPOT 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 MYSPORTSSPOT Services.  The MYSPORTSSPOT Services contain content of MYSPORTSSPOT.com and its sponsors and affiliates ("MYSPORTSSPOT.com Content"). MYSPORTSSPOT.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MYSPORTSSPOT.com owns or has the right to use, and retains all rights in the MYSPORTSSPOT.com Content and the MYSPORTSSPOT Services. MYSPORTSSPOT.com hereby grants you a non-exclusive, revocable, nonsublicensable, limited license to reproduce and display the MYSPORTSSPOT.com Content (excluding any software code) solely for your personal use in connection with viewing the MYSPORTSSPOT Website and using the MYSPORTSSPOT Services.

The MYSPORTSSPOT Services contain Content of users, sponsors, affiliates, and other MYSPORTSSPOT.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 MYSPORTSSPOT Services.

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 MYSPORTSSPOT.com to terminate the user registration of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to MYSPORTSSPOT.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 MYSPORTSSPOT Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the MYSPORTSSPOT Services; (d) your address, telephone number, and email address; (e) 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; (f) 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. MYSPORTSSPOT.com's Copyright Agent for notice of claims of copyright infringement can be via the following e-mail address: copyright@MySportsSpot.com, Subject: Copyright Infringement.

Privacy Policy

The use of the MYSPORTSSPOT Services is also governed by the MYSPORTSSPOT.com Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

MYSPORTSSPOT.com is not responsible for any incorrect or inaccurate Content posted on the MYSPORTSSPOT Website or in connection with the MYSPORTSSPOT Services, whether caused by Users of the MYSPORTSSPOT Services or by any of the hardware, software or functionality associated with or utilized in the MYSPORTSSPOT Services. Profiles created and posted by users on the MYSPORTSSPOT Website may contain links to other websites. MYSPORTSSPOT.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 MYSPORTSSPOT.com. Inclusion of any linked website on the MYSPORTSSPOT Services does not imply approval or endorsement of the linked website by MYSPORTSSPOT.com. When you access these third-party sites, you do so at your own risk. MYSPORTSSPOT.com takes no responsibility for third party advertisements which are posted on this MYSPORTSSPOT Website or through the MYSPORTSSPOT Services, nor does it take any responsibility for the goods or services provided by its sponsors, advertisers, strategic partners or affiliates. MYSPORTSSPOT.com is not responsible for the conduct, whether online or offline, of any User of the MYSPORTSSPOT Services. MYSPORTSSPOT.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. MYSPORTSSPOT.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 MYSPORTSSPOT 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 MYSPORTSSPOT Services. Under no circumstances shall MYSPORTSSPOT.com be responsible for any loss or damage, including personal injury or death, resulting from use of the MYSPORTSSPOT Services, attendance or participation in a MYSPORTSSPOT.com event or promotion, from any Content posted on or through the MYSPORTSSPOT Services, or from the conduct of any Users of the MYSPORTSSPOT Services, whether online or offline. The MYSPORTSSPOT Services are provided "AS-IS" and as available and MYSPORTSSPOT.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MYSPORTSSPOT.com cannot guarantee and does not promise any specific results from use of the MYSPORTSSPOT Services.

Limitation on Liability

IN NO EVENT SHALL MYSPORTSSPOT.COM or KELDEN, LLC. 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 MYSPORTSSPOT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYSPORTSSPOT.COM’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 MYSPORTSSPOT.COM FOR THE MYSPORTSSPOT SERVICES DURING THE TERM OF YOUR USE OF THE MYSPORTSSPOT WEBSITE.  

User Disputes

You are solely responsible for your interactions with other MYSPORTSSPOT.com Users. MYSPORTSSPOT.com reserves the right, but has no obligation, to monitor disputes between you and other Users.

Indemnity

You agree to indemnify and hold MYSPORTSSPOT.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 MYSPORTSSPOT 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 MYSPORTSSPOT Website or through the MYSPORTSSPOT Services causes MYSPORTSSPOT.com to be liable to another.

Other

This Agreement is accepted upon your use of the MYSPORTSSPOT Website or any of the MYSPORTSSPOT Services and is further affirmed by you becoming a user. This Agreement constitutes the entire agreement between you and MYSPORTSSPOT.com regarding the use of the MYSPORTSSPOT Services. The failure of MYSPORTSSPOT.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. MYSPORTSSPOT.com is a trademark of MYSPORTSSPOT, 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: questions@MySportsSpot.com with any questions regarding this Agreement.