Athletemaster - Terms of Use

Terms of Use (April 09, 2008)

AthleteMaster is social networking service dedicated to everyone around the world who is involved in sports, from professionals to the dreamers, coaches, families and sport fans. AthleteMaster was created to allow athletes, coaches and sport fans to come together and admire the hard work and dedication that comes with the pride and glory of being a part of a sport. AthleteMaster is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Eligibility

Use of and Membership in the AthleteMaster Services is void where prohibited. By using the AthleteMaster Services, you represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. Members are under the age of 13 can register only with parent�s approval. For our members are under the age of 13 parents are responsible for monitoring of using AthleteMaster website.

Term

This Agreement shall remain in full force and effect while you use the AthleteMaster Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. AthleteMaster may terminate your Membership at any time, without warning.

Account Security

When you sign up to become a 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 account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify AthleteMaster 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.

Proprietary Rights

AthleteMaster does not claim any ownership rights in the text, files, images, photos, video, works of authorship, or any other materials (collectively, "Content") that you post to the AthleteMaster Services. After posting your Content to the AthleteMaster 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 displaying or publishing ("posting") any Content on or through the AthleteMaster Services, you hereby grant to AthleteMaster a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the AthleteMaster Services.

User Conduct

The AthleteMaster Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by AthleteMaster. Illegal and/or unauthorized use of the AthleteMaster Services, including collecting usernames 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 AthleteMaster Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the AthleteMaster Services.

AthleteMaster may delete any Content that in the sole judgment of AthleteMaster violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. AthleteMaster assumes no responsibility for monitoring the AthleteMaster Services for inappropriate Content or conduct. If at any time AthleteMaster chooses, in its sole discretion, to monitor the AthleteMaster Services, AthleteMaster nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the AthleteMaster Services, and any material or information that you transmit to other Members and for your interactions with other Users. AthleteMaster does not endorse and has no control over the Content. Content is not reviewed by AthleteMaster prior to posting and does not necessarily reflect the opinions or policies of AthleteMaster. AthleteMaster 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.

You grant us a perpetual, worldwide, royalty-free, non-exclusive license to use modify, publicly display and perform, reproduce, and/or distribute anything you post to our site. If anything you post infringe a copyright you will indemnify us for and hold us harmless from any claims, fees, royalties, settlements, and other money due and owing to third parties as a result of such infringement.
We spot check posting but we do not guarantee monitoring of everything. If you see content that violates any provision of this agreement, including but not limited to infringement of copyright, please inform us using our contact information.

In addition, you agree not to use the Service or the Site to:

-harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
-use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, and overburden or impair the Site;
-use automated scripts to collect information from or otherwise interact with the Service or the Site;

-upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

-upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;

-register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

-impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

-upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

-upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

-solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

-upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

-intimidate or harass another;

-upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

-use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.

-upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

Advertisements and Promotions

Athletemaster may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Site.

Disclaimers

The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by AthleteMaster, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company 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, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

The AthleteMaster Services are provided "AS-IS" and as available and AthleteMaster expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AthleteMaster cannot guarantee and does not promise any specific results from use of the AthleteMaster Services.

User Disputes

You are solely responsible for your interactions with other AthleteMaster users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Limitation on Liability

IN NO EVENT SHALL ATHLETEMASTER 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 ATHLETEMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ATHLETEMASTER 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 ATHLETEMASTER FOR THE ATHLETEMASTER SERVICES DURING THE TERM OF MEMBERSHIP.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Other

This Agreement is accepted upon your use of the Athletemaster Website or any of the Athletemaster Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Athletemaster regarding the use of the Athletemaster Services. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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