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PREPSEEN.com provides a platform for high school students, athletes, coaches, parents, support groups, and others to post video of any event involved in high school athletics. The services offered by PREPSEEN.com, URL www.prepseen.com, include video upload and management, creation and/or membership to a PREPSEEN.com “community”, and registering as a “member” of prepseen.com. This Terms of Use Agreement (the "Agreement") sets forth the legally binding terms for your use of the PREPSEEN Services. By using the PREPSEEN Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the PREPSEEN Website) or you are a "Member" (which means that you have registered as a member on the PREPSEEN Website). The term "User" refers to both a Visitor and a Member. You are only authorized to use the PREPSEEN 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 PREPSEEN Website and discontinue use of the PREPSEEN Services immediately. If you wish to become a registered user, communicate with other users and make use of the PREPSEEN Services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes PREPSEEN.com's policy for acceptable use of the PREPSEENE Services and content posted on the PREPSEEN Website, your rights, obligations and restrictions regarding your use of the PREPSEEN Services and PREPSEEN.com's Privacy Policy. Unless otherwise provided by the additional terms and conditions applicable to the PREPSEEN 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@prepseen.com, Subject: Terms of Use Agreement PREPSEEN.com may modify this Agreement from time to time and such modification shall be effective upon posting by PREPSEEN.com on the PREPSEEN Website. You agree to be bound to any changes to this Agreement when you use the PREPSEEN 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 PREPSEEN profile to share information about yourself and your team on the PREPSEEN Website (a “Profile”). Please choose carefully the information you post on PREPSEEN.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 PREPSEEN.com users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and PREPSEEN.com assumes no responsibility or liability for this material. If you become aware of misuse of the PREPSEEN Services by any person, please contact PREPSEEN.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. PREPSEEN.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 PREPSEEN Services at any time, for any or no reason, with or without prior notice, and without liability. Your use of the PREPSEEN Services is subject to the following specific terms: Eligibility Use of and registration for the PREPSEEN Services is void where prohibited. By using the PREPSEEN Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) all information you post on the PREPSEEN 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 PREPSEEN 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. Term This Agreement shall remain in full force and effect while you use the PREPSEEN 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. PREPSEEN.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. Fees You acknowledge that PREPSEEN.com reserves the right to charge fees for the use of the PREPSEEN Services and to change its fees from time to time in its sole discretion. If PREPSEEN.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 PREPSEEN.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. Non-commercial Use by Registered Users The PREPSEEN 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 PREPSEEN.com. Illegal and/or unauthorized use of the PREPSEEN 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 PREPSEEN 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 PREPSEEN Services. Proprietary Rights in Content on PREPSEEN.com Except as otherwise expressly authorized by a user, PREPSEEN.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 PREPSEEN Services. After posting your Content to the PREPSEEN 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 PREPSEEN Services, you hereby grant to PREPSEEN.com and its sponsors and affiliates a non-exclusive, fully-paid, royalty-free, sub-licensable, worldwide limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content. Without this license, PREPSEEN.com would be unable to provide the PREPSEEN Services. The license you grant to PREPSEEN.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to PREPSEEN.com), fully-paid and royalty-free (meaning that PREPSEEN.com is not required to pay you for the use on or in connection with the PREPSEEN Services of the Content that you post), sub-licensable (meaning that PREPSEEN.com is able to share the Content with its sponsors, affiliates and subcontractors), and worldwide (because the Internet and the PREPSEEN Services are global in reach). You represent and warrant that: (i) you own the Content posted by you on or through the PREPSEEN 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 PREPSEEN 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 PREPSEEN Services. The PREPSEEN Services contain content of PREPSEEN.com and its sponsors and affiliates ("PREPSEEN.com Content"). PREPSEEN.com Content is protected by copyright, trademark, patent, trade secret and other laws, and PREPSEEN.com owns or has the right to use, and retains all rights in the PREPSEEN.com Content and the PREPSEEN Services. PREPSEEN.com hereby grants you a non-exclusive, revocable, nonsublicensable, limited license to reproduce and display the PREPSEEN.com Content (excluding any software code) solely for your personal use in connection with viewing the PREPSEEN Website and using the PREPSEEN Services. The PREPSEEN Services contain Content of users, sponsors, affiliates, and other PREPSEEN.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 PREPSEEN 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. Content Posted You are solely responsible for (a) the Content that you post on or through any of the PREPSEEN 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. PREPSEEN.com does not endorse and has no control over the Content. Content is not necessarily reviewed by PREPSEEN.com prior to posting and does not necessarily reflect the opinions or policies of PREPSEEN .com. PREPSEEN.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. PREPSEEN.com may delete any Prohibited Content (as defined below). PREPSEEN.com assumes no responsibility for monitoring the PREPSEEN Services for inappropriate Content or conduct. If at any time PREPSEEN.com chooses, in its sole discretion, to monitor the PREPSEEN Services, PREPSEEN .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 PREPSEEN Services (“Prohibited Content”). PREPSEEN.com reserves the right to investigate and take appropriate legal action against anyone who, in PREPSEEN .com's sole discretion, violates this provision, including without limitation, removing the Prohibited Content from the PREPSEEN Services and terminating the user registration of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of PREPSEEN.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 PREPSEEN profile or the PREPSEEN 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, 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 PREPSEEN Website and through your use of the PREPSEEN Services (“Prohibited Activity”). PREPSEEN.com reserves the right to investigate and take appropriate legal action against anyone who, in PREPSEEN.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 PREPSEEN.com that is: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, 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 PREPSEEN Services other than someone authorized by PREPSEEN. 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 PREPSEEN 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, PREPSEEN.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 PREPSEEN.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 PREPSEEN Services, you acknowledge that you will have caused substantial harm to PREPSEEN.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 PREPSEEN.com $50 for each such unsolicited email or other unsolicited communication you send through the PREPSEEN Services; covering or obscuring the banner advertisements on your personal profile page, or any PREPSEEN.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 PREPSEEN Services or the networks or services connected to the PREPSEEN 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 PREPSEEN 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 PREPSEEN 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. Sending private messages with a commercial purpose; or using the PREPSEEN Services in a manner inconsistent with any and all applicable laws and regulations. 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 PREPSEEN.com to terminate the user registration of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to PREPSEEN.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 PREPSEEN 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 PREPSEEN 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. User Disputes You are solely responsible for your interactions with other PREPSEEN.com Users. PREPSEEN.com reserves the right, but has no obligation, to monitor disputes between you and other Users. Privacy Policy The use of the PREPSEEN Services is also governed by the PREPSEEN.com Privacy Policy, which is incorporated into this Agreement by this reference. Disclaimers PREPSEEN.com is not responsible for any incorrect or inaccurate Content posted on the PREPSEEN Website or in connection with the PREPSEEN Services, whether caused by Users of the PREPSEEN Services or by any of the hardware, software or functionality associated with or utilized in the PREPSEEN Services. Profiles created and posted by users on the PREPSEEN Website may contain links to other websites. PREPSEEN.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 PREPSEEN.com. Inclusion of any linked website on the PREPSEEN Services does not imply approval or endorsement of the linked website by PREPSEEN.com. When you access these third-party sites, you do so at your own risk. PREPSEEN.com takes no responsibility for third party advertisements which are posted on this PREPSEEN Website or through the PREPSEEN Services, nor does it take any responsibility for the goods or services provided by its sponsors, advertisers, strategic partners or affiliates. PREPSEEN.com is not responsible for the conduct, whether online or offline, of any User of the PREPSEEN Services. PREPSEEN.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. PREPSEEN.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 PREPSEEN 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 PREPSEEN Services. Under no circumstances shall PREPSEEN.com be responsible for any loss or damage, including personal injury or death, resulting from use of the PREPSEEN Services, attendance or participation in a PREPSEEN.com event or promotion, from any Content posted on or through the PREPSEEN Services, or from the conduct of any Users of the PREPSEEN Services, whether online or offline. The PREPSEEN Services are provided "AS-IS" and as available and PREPSEEN.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PREPSEEN.com cannot guarantee and does not promise any specific results from use of the PREPSEEN Services. Limitation on Liability IN NO EVENT SHALL PREPSEEN, 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 PREPSEEN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PREPSEENS 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 PREPSEEN.COM FOR THE PREPSEEN SERVICES DURING THE TERM OF YOUR USE OF THE PREPSEEN WEBSITE. Disputes If there is any dispute about or involving the PREPSEEN Services, you agree that the dispute shall be governed by the laws of the State of Illinois, 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 Chicago, Illinois. Either PREPSEEN.com or you may demand that any dispute between PREPSEEN .com and you about or involving the PREPSEEN Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Chicago, Illinois, USA, provided that the foregoing shall not prevent PREPSEEN.com from seeking injunctive relief in a court of competent jurisdiction. Indemnity You agree to indemnify and hold PREPSEEN.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 PREPSEEN 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 PREPSEEN Website or through the PREPSEEN Services causes PREPSEEN.com to be liable to another. Other This Agreement is accepted upon your use of the PREPSEEN Website or any of the PREPSEEN Services and is further affirmed by you becoming a user. This Agreement constitutes the entire agreement between you and PREPSEEN.com regarding the use of the PREPSEEN Services. The failure of PREPSEEN.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. PREPSEEN .com is a trademark of PREPSEEN, 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 info@prepseen.com with any questions regarding this Agreement.
