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.
You understand that except for advertising programs offered by us on the Network (e.g., Beyond Sports, The Athletes Network, Scouting Pros, 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
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 sublicense) 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 sublicenses 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.
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 Policy
In 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 WebNetworks 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.
Use of Share Links by Online Content Providers
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 sublicense) 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.
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.
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.
The 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.
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 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.
Beyond Sports, LLC Events
We at BEYOND SPORTS, LLC provide a service that collects information on athlete participants like you and makes the information available to all Pro Football Coaches and Staff. This information, which is recorded and displayed in writing and/or through photographs, videotape, and digital images, is used to create or enhance a personal online profile. This personal profile and information collected is then displayed throughout the network and/or through a printed resource. By signing this document you grant Beyond Sports, LLC access to promote any and all information, photos and video of you and your participation in the BSN Pro Combines.
Each Participant acknowledges that each segment of any BSN Sports event; measurement, testing and athletic events is of a voluntary nature. Each Participant may decide at any time of each phase to stop participating.
Beyond Sports, LLC has a strict, NO REFUND POLICY regarding events due to the time and planning that is involved, including retainers paid to reserve locations, facilities, and any necessary means to operate the event. Any participants preregistered for an official BSN event are only provided with a financial refund if the date of the BSN event falls within 3-5 days of an NFL Pro Day held at a university. The athlete also has to be present at this event prior to any refund to ensure authenticity of the refund.
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.