1. ACCEPTANCE OF TERMS Co Ed Sports ("CoEdSports") welcomes you. CoEdSports
provides its service to you subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. You can
review the most current version of the TOS at any time at:
http://www.coedsports.com/info/terms/TOS.html. In addition, when using
particular CoEdSports owned or operated services, you and CoEdSports shall be
subject to any posted guidelines or rules applicable to such services, which may
be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS. CoEdSports may also offer other services
that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE CoEdSports provides users with access to event
resources, including various activities and sporting competitions, and other
services. You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for CoEdSports to
provide the Service. You also understand and agree that the Service may include
certain communications from CoEdSports, such as service announcements,
administrative messages and the CoEdSports Newsletter, and that these
communications are considered part of CoEdSports membership and you will not be
able to opt out of receiving them. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including new CoEdSports
events, shall be subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that CoEdSports assumes no responsibility for the
failure of activities. You are responsible for the fees, including fees
associated with CoEdsports sponsored programs. In addition, you must provide and
are responsible for all equipment for this Service. Please be aware that
CoEdSports has created an environment as safe as possable,but due to the nature
of the activities can not guarentee, no personal injury. You must be capable of
performing in participated activities without hurting yourself or others.
3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service,
you represent that you are of legal age to form a binding contract. You also
agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete or CoEdSports has a reasonable
ground to suspect that such information is untrue, inaccurate, not current or
incomplete, CoEdSports has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof). CoEdSports is concerned about the safety and privacy of all its users,
particularly children. For this reason, parents of children under the age of 13
who wish to allow their children access to the Service must create a CoEdSports
Family Account. When you create a CoEdSports Family Account and add your child
to the account, you certify that you are at least 18 years old and that you are
the legal guardian of the child/children listed on the CoEdSports Family
Account. By adding a child to your CoEdSports Family Account, you also give your
child permission to access the Service, including, events, activities, and
competitions. Please remember that the Service is designed to appeal to a broad
audience. Accordingly, as the legal guardian, it is your responsibility to
determine whether any of the Service areas and/or Content (as defined in Section
6 below) are appropriate for your child.
4. CoEdSports PRIVACY POLICY Registration Data and certain other information
about you is subject to our Privacy Policy. You understand that through your use
of the Service you consent to the collection and use (as set forth in the
Privacy Policy) of this information, including the transfer of this information
to the United States and/or other countries for storage, processing and use by
CoEdSports and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and
account designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and account and
are fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify CoEdSports of any unauthorized use
of your password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. CoEdSports cannot and
will not be liable for any loss or damage arising from your failure to comply
with this Section 5.
6. MEMBER CONDUCT You, and not CoEdSports, are entirely responsible for all
actions that take place. You understand that by using the Service, you may be
asked to leave if you, threaten, harm or use offensive language towards other
members of CoEdSports, officials, and observers.
7. INDEMNITY You agree to indemnify and hold CoEdSports and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or otherwise
make available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
8. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell,
trade, resell or exploit for any commercial purposes, any portion of the Service
(including your CoEdSports ID), use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that
CoEdSports may establish general practices and limits concerning use of the
Service, including without limitation the maximum number of days that email
messages, message board postings or other uploaded Content will be retained by
the Service, the maximum number of email messages that may be sent from or
received by an account on the Service, the maximum size of any email message
that may be sent from or received by an account on the Service, the maximum disk
space that will be allotted on CoEdSports's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that CoEdSports has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the
Service. You acknowledge that CoEdSports reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge that
CoEdSports reserves the right to modify these general practices and limits from
time to time.
10. MODIFICATIONS TO SERVICE CoEdSports reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that CoEdSports
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11. TERMINATION You agree that CoEdSports may, under certain circumstances
and without prior notice, immediately terminate your CoEdSports account, and
access to the Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part thereof),
(e) unexpected issues or problems, (f) extended periods of inactivity, (g)
engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of
any fees owed by you in connection with the Services. Termination of your
CoEdSports account includes (a) removal of access to all offerings within the
Service (b) deletion of your password and all related information, files and
content associated with or inside your account (or any part thereof), and (c)
barring of further use of the Service. Further, you agree that all terminations
for cause shall be made in CoEdSports's sole discretion and that CoEdSports
shall not be liable to you or any third party for any termination of your
account, or access to the Service.
12. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with,
or participation in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that CoEdSports shall not
be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such advertisers
on the Service.
13. CoEdSports'S PROPRIETARY RIGHTS You acknowledge and agree that the
Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information presented
to you through the Service or by advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by CoEdSports or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part. CoEdSports grants you a personal,
non-transferable and non-exclusive right and license to use the object code of
its Software on a single computer; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work from, reverse
engineer, reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any manner or
form, nor to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface
that is provided by CoEdSports for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. CoEdSports AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
B. CoEdSports AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM CoEdSports OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT
CoEdSports AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF CoEdSports HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF SERVICE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
17 AND 18 MAY NOT APPLY TO YOU.
17. NO THIRD-PARTY BENEFICIARIES You agree that, except as otherwise
expressly provided in this TOS, there shall be no third-party beneficiaries to
this agreement.
18. NOTICE CoEdSports may provide you with notices, including those regarding
changes to the TOS, by email, regular mail or postings on the Service.
19. TRADEMARK INFORMATION The CoEdSports, CoEdSports logo, trademarks and
service marks and other CoEdSports logos and product and service names are
trademarks of CoEdSports Inc. (the "CoEdSports Marks"). Without CoEdSports's
prior permission, you agree not to display or use in any manner the CoEdSports
Marks.
20. GENERAL INFORMATION Entire Agreement. The TOS constitutes the entire
agreement between you and CoEdSports and governs your use of the Service,
superseding any prior agreements between you and CoEdSports with respect to the
Service. You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other CoEdSports services, affiliate
services, third-party content or third-party software. Choice of Law and Forum.
The TOS and the relationship between you and CoEdSports shall be governed by the
laws of the State of California without regard to its conflict of law
provisions. You and CoEdSports agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of CoEdSports to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your CoEdSports
account is non-transferable and any rights to your CoEdSports ID or contents
within your account terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently
deleted. Statute of Limitations. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles in the TOS are
for convenience only and have no legal or contractual effect.
21. VIOLATIONS Please report any violations of the TOS to our Customer Care
group.