Beyond Sports Network
TERMS AND CONDITIONSThe Beyond Sports Network and network (collectively, "Beyond Sports, LLC" or "the Network") are operated by Beyond Sports, LLC, Inc. and its corporate affiliates (collectively, "us", "we" or "the Beyond Sports, LLC"). By accessing or using our web Networks; www.beyondsportsnetwork.com you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Beyond Sports, LLC network. 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 Network or the Network 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 Network or the Networks. It is your responsibility to regularly check the Network to determine if there have been changes to these Terms of Use and to review such changes.PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.Eligibility Membership in the Network is void where prohibited. This Network is intended solely for users who are thirteen (13) years of age or older, and users of the Network under 18 who are currently in high school or college. Any registration by, use of or access to the Network by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Network or the Networks, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. Registration Data; Account Security In consideration of your use of the Network, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Network ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Beyond Sports, LLC, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.User Conduct You understand that except for advertising programs offered by us on the Network (e.g., Beyond Sports, af2 Network and National Scouting Combine fliers, promotions), the Network is available for your personal athletic, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Network will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.In addition, you agree not to use the Network or the Network to: * harvest or collect email addresses or other contact information of other users from the Network or the Network by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; * use the Network or the Network in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Network; * use automated scripts to collect information from or otherwise interact with the Network or the Network; * 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 Network any private information of any third party, including, without limitation, 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, Network or system without authorization from the Beyond Sports, LLC, or create a false identity on the Network Without limiting any of the foregoing, you also agree to abide by our Code of Conduct that provides further information regarding the authorized conduct of users on Beyond Sports, LLC.Proprietary Rights in Network Content; Limited License All content on the Network and available through the Network, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Network Content"), are the proprietary property of the Beyond Sports, LLC, its users or its licensors with all rights reserved. No Network Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Beyond Sport’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Network. Provided that you are eligible for use of the Network, you are granted a limited license to access and use the Network and the Network Content and to download or print a copy of any portion of the Network Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Network Content on any Internet, Intranet or Extranet Network or incorporate the information in any other database or compilation, and any other use of the Network Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Network or the Network Content other than as specifically authorized herein, without the prior written permission of Beyond Sports, LLC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause.User Content Posted on the Network; You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Network or the Network, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Network or Network that you did not create or that you do not have permission to post. You understand and agree that the Beyond Sports, LLC may, but is not obligated to, review the Network and may delete or remove (without notice) any Network Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Beyond Sports, LLC violates this Agreement or the Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Network or provide to the Beyond Sports, LLC. When you post User Content to the Network, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Network. By posting User Content to any part of the Network, you automatically grant, and you represent and warrant that you have the right to grant, to the Beyond Sports, LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Network or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing. You may remove your User Content from the Network at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Beyond Sports, LLC may retain archived copies of your User Content. Copyright Complaints; We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Beyond Sports, LLC Network any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeated infringers as described herein in accordance with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, www.copyright.gov). If you believe that any material on the Network infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.Repeat Infringer PolicyIn accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Beyond Sports, LLC has adopted a policy of terminating, in appropriate circumstances and at Beyond Sports, LLC's sole discretion, members who are deemed to be repeat infringers. Beyond Sports, LLC may also at its sole discretion limit access to the Network and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.Third Party Web Networks and Content; The Network contains links to other web Networks ("Third Party Networks") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Networks and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Networks accessed through the Network or any Third Party Applications, Software or Content posted on, available through or installed from the Network, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Networks or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Network or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Network and access the Third Party Networks or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Network to which you navigate from the Network or relating to any applications you use or install from the Network.Share Network; Beyond Sports, LLC offers a feature whereby users of the Network can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Networks through the Network (the "Share Network"). You acknowledge and agree that your use of the Share Networks and all links, User Content or Third Party Applications, Software or Content shared through the Share Network is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use. Use of Share Links by Online Content Providers; Subject to the terms and conditions of these Terms of Use, Third Party Networks that meet the requirements set forth below may place a Share Link (as described below), in the form approved by Beyond Sports, LLC, on pages of their web Networks to facilitate use of the Share Network. A Third Party Network that posts a Share Link on its web Network is referred to herein as an "Online Content Provider" and shall abide and be subject to the applicable sections of these Terms of Use. A "Share Link" is a button and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page.In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Beyond Sports, LLC, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider's Network and solely in the current form provided by the Beyond Sports, LLC. In the event that the Share Link is a text link, it must include the word "Beyond Sports, LLC" as part of the link. The rights granted in this paragraph may be revoked by Beyond Sports, LLC at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its Network.In order for an Online Content Provider to include a Share Link on its pages, the Third Party Network must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web Network that contains, and represents and warrants that such web Network does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Beyond Sports, LLC or its users to any harm or liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold the Beyond Sports, LLC, 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 such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Beyond Sports, LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use the Share Network in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.User Disputes; You are solely responsible for your interactions with other Beyond Sports, LLC users. We reserve the right, but have no obligation, to monitor disputes between you and other users. User Subscriptions; All subscriptions come with a NO REFUND POLICY. Privacy; We care about the privacy of our users. Click here to view the Beyond Sports, LLC's Privacy Policy. By using the Network you are consenting to have your personal data transferred to and processed in the United States.Disclaimers; The Beyond Sports, LLC is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Network or in connection with the Network, whether posted or caused by users of the Network, by Beyond Sports, LLC, by third parties or by any of the equipment or programming associated with or utilized in the Network or the Network. 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 Network and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Network or in connection with any User Content or Third Party Applications, Software or Content. The Beyond Sports, LLC is not responsible for the conduct, whether online or offline, of any user of the Network or Network.The Network may be temporarily unavailable from time to time for maintenance or other reasons. Beyond Sports, LLC 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 Beyond Sports, LLC is not responsible for any technical malfunction or other problems of any telephone network or Network, 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 Network 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 Network, including without limitation any Mobile Client software. Under no circumstances will the Beyond Sports, LLC 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 Network or the Network, any User Content or Third Party Applications, Software or Content posted on or through the Network or the Network or transmitted to Users, or any interactions between users of the Network, whether online or offline.THE NETWORK AND THE NETWORK CONTENT ARE PROVIDED "AS-IS" AND THE BEYOND SPORTS, LLC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE BEYOND SPORTS, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE NETWORK. BEYOND SPORTS, LLC DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE NETWORK ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE NETWORK IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE NETWORK AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.Beyond Sports, LLC reserves the right to change any and all content, software and other items used or contained in the Network offered through the Network at any time without notice. Reference to any products, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Beyond Sports, LLC.Limitation on Liability; IN NO EVENT WILL BEYOND SPORTS, LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE NETWORK OR NETWORK CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE NETWORK, EVEN IF THE BEYOND SPORTS, LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE BEYOND SPORTS, LLC'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 BEYOND SPORTS, LLC FOR THE NETWORK DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE BEYOND SPORTS, LLC'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO BEYOND SPORTS, LLC FOR THE NETWORK, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BEYOND SPORTS, LLC, REGARDLESS OF THE CAUSE OF ACTION.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.Termination; The Beyond Sports, LLC may terminate your membership, delete your profile and any content or information that you have posted on the Network and/or prohibit you from using or accessing the Network (or any portion, aspect or feature of the Network) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13, or under 18 and not in high school or college.Arbitration; YOU AND BEYOND SPORTS, LLC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC WEBSITES ON THE NETWORK IN ANY SPECIFIC TERMS APPLICABLE TO THOSE WEBSITES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE NETWORK SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Beyond Sports, LLC will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE NETWORK, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Network and/or the Network (including your visit to or use of the Network and/or the Network) be instituted more than three (3) years after the cause of action arose.Indemnity; You agree to indemnify and hold the Beyond Sports, LLC, 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 Network your conduct in connection with the Network or any violation of this Agreement or of any law or the rights of any third party.
 

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