I. INTELLECTUAL PROPERTY
A. Ownership. Connectspace.com ( the “Website”), our licensors, or both, owns all intellectual property rights to content and any derivative works or enhancements of the same, including, but not limited to, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”).
II. USER ACCESS
A. User Registration
i. A User shall register with the Website (“Registered User”) in order to access restricted Website Content or Website features.
ii. User represents and warrants that he/she is not under the age of thirteen.
iii. During registration, the Registered User represents and warrants that he/she shall provide true, accurate, and complete registration information. And, if any registration information changes, the Registered User shall promptly update any relevant registration information.
iv. The Website shall give a Registered User a user name and password (a “Membership”) which may permit a Registered User access to restricted Website Content or Website features, including uploading features.
v. A Registered User is responsible for safeguarding and maintaining the confidentiality of his/her Membership. A Registered User is solely responsible for the activity that occurs under his/her Membership, whether or not the Registered User authorized the activity. A Registered User agrees to notify the Website immediately at firstname.lastname@example.org of any breach of security or unauthorized use of his/her Membership.
B. User Content
i. The Website may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, submit) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (User Content). Subject to the rights and license the User grants herein, the User retains all right, title and interest in his/her User Content. The Website shall not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely the User’s responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and ConnectSpace.com does not accept any responsibility for the same.
ii. The User shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. Users are solely liable for any damage resulting from the User’s failure to obtain such permission or from any other harm resulting from submitted User Content.
iii. User represents and warrants that he/she will not submit any User Content that:
1. Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;
2. Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
3. Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
4. Is an advertisement for goods or services or a solicitation of funds;
5. Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
6. Contains a formula, instruction, or advice that could cause harm or injury; Is a chain letter of any kind; or
7. Results in the Website having any obligation or liability to any other party for the licensed use granted to us by the Registered User.
iv. Any conduct by a User that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
vi. By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.
vii. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
viii. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Website and we have no obligation to return your User Content or otherwise make it available to you.
ix. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to Connect Space, 114 Barrington Town Square, #189 Aurora, Ohio 44202 and email@example.com.
C. User Conduct
i. Authorized Use
1. A User shall only access the Website including, without limitation, the Website Content for personal and non-commercial use. With prior written consent, the Website may grant a User permission to download or print Website Content or both. In such a case, users shall only download or print one copy of Website Content. Users do not acquire any ownership rights by accessing, downloading, or printing Website Content.
2. When using the Website, the User agrees to comply with all applicable federal, state, and local laws including, without limitation copyright law.
3. The Website shall grant a Registered User a revocable, non-exclusive, limited license, for the Registered User to link to the Website home page from any site the Registered User owns or controls that is not commercially competitive with the Website and does not criticize or otherwise injure the Website. The Registered User represents and warrants that the site where the link resides, and all other sites to which the Registered User links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of the Website’s mission.
4. The Website does not endorse any link created by a Registered User. All of the Website’s rights and remedies are expressly reserved.
1. Users shall not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from the Website or, in the case of third-party content, its respective owner.
a. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
b. Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website or Website Content;
c. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose without the express written permission of the Website. Notwithstanding the foregoing, the Website grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. The Website reserves the right to revoke this permission, either generally or specifically, at any time;
d. Collect or harvest any personally identifiable information from the Website including, user names, passwords, email addresses;
e. Solicit other users to join or become members of any other commercial online service or other organization without the Website’s prior written approval;
f. Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
g. Decompile, reverse engineer, or disassemble any portion of the Website;
h. Use network-monitoring software to determine architecture of or extract usage data from the Website;
i. Encourage User conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g. using another User’s Membership without permission);
j. Engage in any conduct that restricts or inhibits any other User from using or enjoying the Website.
III. WEBSITE CONTENT
A. Accuracy of Website Content
i. The Website including, without limitation Website Content, is for entertainment, educational and promotional purposes only. Users shall not rely on any information and opinions expressed on the Website for any other purpose. In all instances, it is the User’s responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. The Website shall not be liable under any circumstances for any loss or damage caused by User’s reliance on any Website Content.
ii. In some instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. The Website does not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons of the Website acting in their official capacities.
B. Disclaimer of Third Party Links. The Website may contain links to other third-party websites maintained by third parties. The Website does not operate or control, in any respect, or necessarily endorse the content found on these third-party Websites. A User shall assume sole responsibility for his/her use of third-party links. The Website is not responsible for any content posted on third-party websites or liable to a User for any loss or damage of any sort incurred as a result of the User’s dealings with any third-party or other website.
IV. PRIVACY STATEMENT
A. When accessing the Website, ConnectSpace.com will learn certain information about the User during the User’s visit. How ConnectSpace.com will handle information it learns about the User depends upon what the User does when visiting the Website.
i. If the User visits the Website site to read or download information on the Website’s pages, ConnectSpace.com may collect and store the following information about you:
1. The name of the domain from which you access the Internet;
2. The date and time the User accessed the Website; and
3. The Internet address of the other website the User used to link directly to the Website.
ii. If the User identifies him/herself by sending ConnectSpace.com an e-mail containing personal information, then the information collected about the User may be solely used to respond to the User’s message.
iii. All other User information or data is collected for statistical purposes only. ConnectSpace.com uses software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of the Website, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
iv. For site security purposes and to ensure that this service remains available to all Users, ConnectSpace.com uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. ConnectSpace.com will not obtain personally-identifying information about Users when a User visits the Website, unless a User chooses to provide such information to ConnectSpace.com.
B. The User represents that he/she understands and consents that ConnectSpace.com will gather personal information about each User and the User’s family directly from the User as provided via the Website, as well as from third parties. Personal information may include, but is not limited to the following: full name, home address, email address, parent/guardian names, emails and phone numbers, telephone number, coach/scout opinions, academic and athletic information and any other information that will allow third parties to contact and evaluate the User.
C. The User shall hold ConnectSpace.com harmless for the independent evaluation and/or any inaccuracies that are provided by the User, the User’s family member(s), coach(es), or any other third party.
D. The User acknowledges and understands that Connect Space does sell information about our subscribers to college coaches. The User understands and consents to ConnectSpace.com providing this information to college coaches who are paying for our independent and objective evaluation of each student athlete. However, ConnectSpace.com will not sell or transfer a User’s personal information to unaffiliated third parties without the approval of the User at the time of collection.
E. California Privacy Rights. Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which ConnectSpace.com has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. Users are limited to one request per calendar year. In User’s request, please attest to the fact that the User is a California resident and provide a current California address for ConnectSpace.com’s response. Users may request the information in writing at: Connect Space,114 Barrington Town Square, #189 Aurora, OH 44202, and firstname.lastname@example.org.
H. Keeping User Information Secure ConnectSpace.com has implemented security measures that it considers reasonable and appropriate to protect against the loss, misuse and alteration of the information under its control. Please be advised, however, that while ConnectSpace.com strives to protect personally identifiable information and privacy, it cannot guarantee or warrant the security of any information Users disclose or transmit to it online and is not responsible for the theft, destruction, or inadvertent disclosure of a User’s personally identifiable information. In the unfortunate event that a User’s "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, ConnectSpace.com may notify the User by e-mail (at our sole and absolute discretion) to the last e-mail address provided to ConnectSpace.com in the most expedient time reasonable under the circumstances. However, delays in notification may occur while ConnectSpace.com takes necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time w ConnectSpace.com may evaluate new technology for protecting information, and when appropriate, upgrade its information security systems.
I. Links to Third-Party Websites. The Website may link to or contain links to other third party websites that ConnectSpace.com does not control or maintain, such as in connection with purchasing products referenced on our Website and banner advertisements. ConnectSpace.com is not responsible for the privacy practices employed by any third party website. ConnectSpace.com encourages Users to note when he/she leaves the Website and to read the privacy statements of all third party websites before submitting any personally identifiable information.
J. Contact and Opt-Out Information
i. Users may contact ConnectSpace.com as at email@example.com if a User:
2. wishes to make corrections to any personally identifiable information the User has provided;
3. wants to opt-out from receiving future commercial correspondence, including emails, from ConnectSpace.com or its affiliated companies; or
4. wishes to withdraw your consent to sharing your personally identifiable information with others.
ii. ConnectSpace.com will respond to User’s request and, if applicable and appropriate, make the requested change in its active databases as soon as reasonably practicable. Please note that ConnectSpace.com may not be able to fulfill certain requests while allowing a User access to certain benefits and features of the Website.
K. By executing this agreement the User expressly consents to the collection, disclosure and distribution of all personal information provided by the User, as well as all information collected and obtained by any and all third party sources about the User to third parties, including colleges and universities, in with ConnectSpace.com services. The User also hereby consents, licenses and allows ConnectSpace.com to use, reproduce ,distribute, prepare derivative works of, publicly display, publicly perform and disclose to third parties the User's, biographical information, appearance, likeness, form, image, videos and photographs.
L. The User represents and warrants that the User owns the entire right, title and interest (or otherwise possesses sufficient license rights) in the copyrights of the videos and photographs of the User that are provided by the User to ConnectSpace.com.
A. User agrees to indemnify and hold harmless ConnectSpace.com, and its employees, agents, distribution partners, shareholders, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:
i. User access to or use of the Website;
ii. User Content provided by User or through use of User’s Membership;
iv. Any actual or alleged breach of any representation, warranty, or covenant that User has made to ConnectSpace.com; or
v. User acts or omissions.
B. User agrees to cooperate fully with us in the defense of any claim that is the subject of User’s obligations hereunder.
A. User expressly agrees that use of the website is at the User’s sole risk. The Website and Website Content are provided on an “As Is” and “As Available” basis without any representations or warranties of any kind, either express or implied.
B. The Website disclaims any and all warranties including:
i. Warranties that the website will meet User requirements;
ii. Warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the Website or Website Content
iii. Warranties of title, non-infringement, merchantability, or fitness for a particular purpose
iv. Warranties for services or goods received through or advertised on the Website or accessed through the Website;
v. Warranties concerning the accuracy or reliability of the results that may be obtained from the use of the Website;
vi. Warranties that your use of the Website will be secure or uninterrupted; and
vii. Warranties that error in the Website’s software will be corrected.
VII. LIMITATION ON LIABILITY
B. User’s sole remedy for dissatisfaction with the Website or Website Content is to stop using the Website. Such limitation shall also apply with respect to damages incurred by:
i. services or products received through or advertised in connection with the Website or links on the Website;
ii. information or advice received through or advertised in connection with the Website or links on the Website; and
iii. content posted by a third-party or conduct of a third-party on the Website.
C. In no event shall the cumulative liability of ConnectSpace.com and its employees, agents, distribution partners, affiliates, subsidiaries and their related companies exceed the greater of the total payments received from the User by ConnectSpace.com during the preceding twelve (12) month period or $10.
D. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to certain Users. These limitations shall apply to the fullest extent permitted by law.
B. Registered Users may terminate his/her Membership at any time by sending an e-mail to firstname.lastname@example.org.
X. AMENDMENT AND ADDITIONAL TERMS
B. User irrevocably agrees that User shall waive any and all rights to injunctive or other equitable relief.
C. The section headings used herein are for convenience only and shall not be given any legal import.
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