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Terms, Conditions, & Policies
TAGTEAMSPORTZ.com provides the platform and
tools that enable high school athletes, coaches
and fans to create player and team profiles, upload
photos and videos, track and view statistics,
assess the strengths and weaknesses of opponents,
and discover the best athletes in the country.
The services offered by TAGTEAMSPORTZ.com ("TAGTEAMSPORTZ.com", "we" or
“our”) include the TAGTEAMSPORTZ.com website located
at URL www.TAGTEAMSPORTZ.com (the "T.A.G.
TEAM Website"), the TAGTEAMSPORTZ.com Internet
messaging service (the “Messaging Service”), and
any other features, content, functionality or
applications offered from time to time by TAGTEAMSPORTZ.com
in connection with the T.A.G. TEAM Website (collectively,
the "T.A.G. TEAM Services"). The T.A.G.
TEAM Services are hosted in the U.S.
This Terms of Use Agreement (the "Agreement")
sets forth the legally
binding terms for your use of the T.A.G. TEAM
Services. By using the T.A.G. TEAM Services,
you agree to be bound by this Agreement, whether
you are a "Visitor" (which
means that you simply
browse the T.A.G. TEAM Website) or you are a "Member" (which
means that you have registered
as a member on the T.A.G. TEAM Website). The
term "User" refers
to both a Visitor and
a Member. You are only authorized to use the
T.A.G. TEAM 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 T.A.G. TEAM Website
and discontinue use of the T.A.G. TEAM Services
immediately. If you wish to become a registered
user, communicate with other users and make use
of the T.A.G. TEAM Services, you must read this
Agreement and indicate your acceptance during
the Registration process. This Agreement includes
TAGTEAMSPORTZ.com's policy for acceptable use
of the T.A.G. TEAM Services and content posted
on the T.A.G. TEAM Website, your rights, obligations
and restrictions regarding your use of the T.A.G.
TEAM Services and TAGTEAMSPORTZ.com's Privacy
Policy. Unless otherwise provided by the additional
terms and conditions applicable to the T.A.G.
TEAM 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: info@the-tagteam.com,
Subject: Terms of Use
Agreement.
TAGTEAMSPORTZ.com may modify this Agreement
from time to time and
such modification shall
be effective upon posting by TAGTEAMSPORTZ.com
on the T.A.G. TEAM Website. You agree to be bound
to any changes to this Agreement when you use
the T.A.G. TEAM 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 T.A.G. TEAM
profile to share information
about yourself and your
team on the T.A.G. TEAM Website (a “Profile”).
Please choose carefully the information you post
on TAGTEAMSPORTZ.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 TAGTEAMSPORTZ.com users (for
instance, in their Profile) may contain inaccurate,
inappropriate, offensive or sexually explicit
material, products or services, and TAGTEAMSPORTZ.com
assumes no responsibility or liability for this
material. If you become aware of misuse of the
T.A.G. TEAM Services by any person, please contact
TAGTEAMSPORTZ.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.
TAGTEAMSPORTZ.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 T.A.G. TEAM
Services at any time, for any or no reason, with
or without prior notice, and without liability.
Your
use of the T.A.G. TEAM
Services is subject to the following specific
terms:
-
Eligibility
Use of and registration
for the T.A.G. TEAM
Services is void where prohibited.
By using the T.A.G.
TEAM Services, you represent and warrant that
(a) all registration information you submit
is truthful and accurate; (b) all information
you post on the T.A.G. TEAM Services including
your Profile is truthful and accurate; (c) you
will maintain the accuracy of all such information;
(d) your use of the T.A.G. TEAM Services does
not violate any applicable law or regulation.
Your Profile may be deleted and your user registration
may be terminated without warning.
- Term
This Agreement shall
remain in full force
and effect while
you use the T.A.G. TEAM 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. TAGTEAMSPORTZ.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 TAGTEAMSPORTZ.com reserves
the right to charge
fees for the use of the T.A.G.
TEAM Services and
to change its fees from time to time in its
sole discretion. If TAGTEAMSPORTZ.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 TAGTEAMSPORTZ.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 T.A.G. TEAM
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 TAGTEAMSPORTZ.com.
Illegal and/or unauthorized use of the T.A.G.
TEAM 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 T.A.G. TEAM 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 T.A.G. TEAM Services.
- Proprietary Rights
in Content on TAGTEAMSPORTZ.com
Except as otherwise
expressly authorized by a user,
TAGTEAMSPORTZ.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 T.A.G. TEAM Services. After posting your
Content to the T.A.G. TEAM 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 T.A.G. TEAM Services,
you hereby grant to TAGTEAMSPORTZ.com and its
sponsors and affiliates a non-exclusive, fully-paid,
royalty-free, sublicensable, worldwide limited
license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content.
Without this license,
TAGTEAMSPORTZ.com
would be unable
to provide the T.A.G. TEAM
Services. The license
you grant to TAGTEAMSPORTZ.com
is non-exclusive
(meaning you are
free to license your Content to anyone else
in addition to TAGTEAMSPORTZ.com), fully-paid
and royalty-free (meaning that TAGTEAMSPORTZ.com
is not required to pay you for the use on or
in connection with
the T.A.G. TEAM
Services of the Content that
you post), sublicensable
(meaning that TAGTEAMSPORTZ.com is able to share
the Content with
its sponsors, affiliates and subcontractors),
and worldwide (because the Internet and the
T.A.G. TEAM Services are global in reach).
You
represent and warrant
that: (i) you own
the Content posted
by you on or through the T.A.G. TEAM 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 T.A.G. TEAM 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 T.A.G. TEAM Services.
The T.A.G. TEAM
Services contain
content of TAGTEAMSPORTZ.com and its sponsors
and affiliates ("TAGTEAMSPORTZ.com
Content"). TAGTEAMSPORTZ.com Content is
protected by copyright,
trademark, patent,
trade secret and other laws, and TAGTEAMSPORTZ.com
owns or has the right to use, and retains all
rights in the TAGTEAMSPORTZ.com Content and
the T.A.G. TEAM Services. TAGTEAMSPORTZ.com
hereby grants you a non-exclusive, revocable,
nonsublicensable,
limited license to reproduce and display the
TAGTEAMSPORTZ.com Content (excluding any software
code) solely for your personal use in connection
with viewing the T.A.G. TEAM Website and using
the T.A.G. TEAM Services.
The T.A.G. TEAM
Services contain Content of users,
sponsors, affiliates,
and other TAGTEAMSPORTZ.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 T.A.G. TEAM 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 T.A.G.
TEAM 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. TAGTEAMSPORTZ.com does not
endorse and has no control over the Content.
Content is not necessarily reviewed by TAGTEAMSPORTZ.com
prior to posting and does not necessarily reflect
the opinions or policies of TAGTEAMSPORTZ.com.
TAGTEAMSPORTZ.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.
TAGTEAMSPORTZ.com
may delete any Prohibited
Content (as defined
below). TAGTEAMSPORTZ.com assumes
no responsibility
for monitoring the T.A.G. TEAM Services for
inappropriate Content or conduct. If at any
time TAGTEAMSPORTZ.com chooses, in its sole
discretion, to monitor the T.A.G. TEAM Services,
TAGTEAMSPORTZ.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 T.A.G. TEAM
Services (“Prohibited Content”). TAGTEAMSPORTZ.com
reserves the right to investigate and take appropriate
legal action against
anyone who, in TAGTEAMSPORTZ.com's sole discretion,
violates this provision, including without limitation,
removing the Prohibited Content from the T.A.G.
TEAM Services and terminating the user registration
of such violators. Prohibited Content includes,
but is not limited to Content that, in the sole
discretion of TAGTEAMSPORTZ.com:
1. is patently offensive
or promotes racism,
bigotry, hatred or physical harm
of any kind against
any group or individual;
2. harasses or advocates
harassment of another
person;
3. exploits people
in a sexual or violent manner;
4. contains nudity,
violence, or offensive subject
matter or contains
a link to an adult website;
5. solicits personal
information from
anyone under 18;
6. provides any
telephone numbers, street addresses,
last names, URLs
or email addresses other than
in connection with
the T.A.G. TEAM profile or the T.A.G. TEAM Services;
7. promotes information
that you know is
false or misleading or promotes
illegal activities
or conduct that is abusive,
threatening, obscene,
defamatory or libelous;
8. promotes an illegal
or unauthorized
copy of another person's copyrighted
work;
9. involves the
transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted
or password only
access pages or hidden pages
or images (those
not linked to or from another
accessible page);
11. 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;
12. solicits passwords
or personal identifying
information for
commercial or unlawful purposes
from other users;
13. involves commercial
activities and/or
sales without our prior written
consent such as
contests, sweepstakes, barter,
advertising, or
pyramid schemes;
14. includes a photograph
of another person
that you have posted without
that person's consent;
or
15. uses sexually
suggestive imagery or any other
unfair, misleading
or deceptive Content intended
to draw traffic
to the Profile
16. posts advertisements
or solicitations
of business, or
17. impersonates
another person.
The following is
a partial list of the kind of activity
that is illegal
or prohibited on the T.A.G. TEAM Website
and through your
use of the T.A.G. TEAM Services (“Prohibited
Activity”). TAGTEAMSPORTZ.com reserves the right
to investigate and take appropriate legal action
against anyone who, in TAGTEAMSPORTZ.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 TAGTEAMSPORTZ.com
that is:
18. criminal or
tortious activity, including child
pornography, fraud,
trafficking in obscene material,
drug dealing, gambling,
harassment, stalking,
spamming, spimming, sending of viruses or other
harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
19. advertising
to, or solicitation of, any
user to buy or sell
any products or services
through the T.A.G.
TEAM Services other than someone authorized
by T.A.G. TEAM. 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 T.A.G. TEAM 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,
TAGTEAMSPORTZ.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 TAGTEAMSPORTZ.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 T.A.G. TEAM Services, you acknowledge
that you will have caused substantial harm to
TAGTEAMSPORTZ.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 TAGTEAMSPORTZ.com $50 for each
such unsolicited email or other unsolicited
communication you send through the T.A.G. TEAM
Services;
20. covering or
obscuring the banner advertisements
on your personal
profile page, or any TAGTEAMSPORTZ.com
page by means of
HTML/CSS or any other means;
21. any automated
use of the system, such as
using scripts to
add friends or send comments
or messages;
22. interfering
with, disrupting, or creating
an undue burden
on the T.A.G. TEAM Services
or the networks
or services connected to the T.A.G. TEAM Services;
23. attempting to
impersonate another user or person;
24. 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;
25. selling or otherwise
transferring your
Profile;
26. using any information
obtained from the
T.A.G. TEAM Services in order
to harass, abuse,
or harm another person;
27. 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
T.A.G. TEAM 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 as one of your "Top
8" friends, or sending private messages
with a commercial
purpose; or
28. using the T.A.G.
TEAM 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 TAGTEAMSPORTZ.com
to terminate the user registration of any user
who repeatedly infringes the copyright rights
of others upon receipt of proper notification
to TAGTEAMSPORTZ.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 T.A.G. TEAM 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 T.A.G. TEAM 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. TAGTEAMSPORTZ.com's
Copyright Agent
for notice of claims of copyright infringement
can be reached as follows: David Birnbaum, T.A.G.
TEAM, Inc., 245 West 17th Street, 11th Floor,
New York, NY 10011, phone 212-488-4970, fax
212-792-5859, email david@TAGTEAMSPORTZ.com.
- User Disputes
You are solely responsible
for your interactions
with other TAGTEAMSPORTZ.com
Users. TAGTEAMSPORTZ.com
reserves the right,
but has no obligation, to monitor disputes between
you and other Users.
- Privacy Policy
The use of the T.A.G.
TEAM Services is
also governed by the TAGTEAMSPORTZ.com
Privacy Policy,
which is incorporated into
this Agreement by
this reference.
- Disclaimers
TAGTEAMSPORTZ.com
is not responsible
for any incorrect
or inaccurate Content
posted on the T.A.G.
TEAM Website or
in connection with
the T.A.G. TEAM
Services, whether caused by Users
of the T.A.G. TEAM
Services or by any
of the hardware,
software or functionality
associated with or utilized in the T.A.G. TEAM
Services. Profiles created and posted by users
on the T.A.G. TEAM Website may contain links
to other websites. TAGTEAMSPORTZ.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 TAGTEAMSPORTZ.com.
Inclusion of any linked website on the T.A.G.
TEAM Services does not imply approval or endorsement
of the linked website by TAGTEAMSPORTZ.com.
When you access these third-party sites, you
do so at your own risk. TAGTEAMSPORTZ.com takes
no responsibility for third party
advertisements which
are posted on this T.A.G. TEAM Website
or through the T.A.G.
TEAM Services, nor does it take any
responsibility for
the goods or services provided by its sponsors,
advertisers, strategic partners or affiliates.
TAGTEAMSPORTZ.com is not responsible for the
conduct, whether online or offline, of any
User of the T.A.G. TEAM Services. TAGTEAMSPORTZ.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.
TAGTEAMSPORTZ.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 T.A.G. TEAM 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
T.A.G. TEAM Services. Under no circumstances
shall TAGTEAMSPORTZ.com be responsible for any
loss or damage, including personal injury or
death, resulting from use of the T.A.G. TEAM
Services, attendance or participation in a TAGTEAMSPORTZ.com
event or promotion, from any Content posted on
or through the T.A.G. TEAM Services, or from
the conduct of any Users of the T.A.G. TEAM Services,
whether online or offline. The T.A.G. TEAM Services
are provided "AS-IS" and as available
and TAGTEAMSPORTZ.com
expressly disclaims
any warranty of
fitness for a particular
purpose or non-infringement.
TAGTEAMSPORTZ.com
cannot guarantee
and does not promise
any specific results from use of the T.A.G.
TEAM Services.
- Limitation on
Liability
IN NO EVENT SHALL
T.A.G. TEAM, 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 TAGTEAMSPORTZ.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, T.A.G. TEAM, INC.’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 TAGTEAMSPORTZ.COM FOR THE T.A.G. TEAM SERVICES
DURING THE TERM OF YOUR USE OF THE T.A.G. TEAM
WEBSITE.
- Disputes
If there is any
dispute about or involving the
T.A.G. TEAM Services,
you agree that the
dispute shall be governed by
the laws of the
State of New York, 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 New York, New York. Either TAGTEAMSPORTZ.com
or you may demand that any dispute between TAGTEAMSPORTZ.com
and you about or involving the T.A.G. TEAM Services
must be settled by arbitration utilizing the
dispute resolution procedures of the American
Arbitration Association (AAA) in New York, New
York, USA, provided that the foregoing shall
not prevent TAGTEAMSPORTZ.com from seeking injunctive
relief in a court of competent jurisdiction.
- Indemnity
You agree to indemnify
and hold TAGTEAMSPORTZ.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
T.A.G. TEAM 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 T.A.G. TEAM Website or
through the T.A.G. TEAM Services causes TAGTEAMSPORTZ.com
to be liable to
another.
- Other
This Agreement is
accepted upon your use of the
T.A.G. TEAM Website
or any of the T.A.G. TEAM
Services and is
further affirmed by you becoming a user. This
Agreement constitutes the entire agreement between
you and TAGTEAMSPORTZ.com regarding the use
of the T.A.G. TEAM Services. The failure of
TAGTEAMSPORTZ.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. TAGTEAMSPORTZ.com is a trademark of
T.A.G. TEAM, 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 T.A.G. TEAM with
any questions regarding
this Agreement.
I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED
ABOVE.
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