If you are a competitor to MMR or are developing a competing service, you are not authorized to access or otherwise use the Services or access Content or Video Content or make any User Submissions.
MMR Services; Site.
- MMR encourages you to carefully choose the information you upload or post on the Site and provide to others since any User Submissions (defined below) may be accessible and viewable by other Users, Administrators, persons with administrative privileges and by other registered Users of the Site. You are strictly prohibited from uploading or posting any information, data or photographs that are false, misleading, defamatory, inaccurate, derogatory, harassing, threatening, abusive, invasive of privacy or publicity rights, contain nudity or otherwise contain unlawful, obscene, lewd, sexually explicit or other subject matter that may be found objectionable by others or that contain any virus or malware.
- Although MMR has no obligation to screen, edit or monitor any of the User Submissions posted to or distributed through the Site or Services, MMR reserves the right to censor, remove, edit or reject any User Submissions at any time, in its sole discretion. Administrators also have the right and power to censor, remove, edit or reject any User Submissions at any time, in the Administrator's sole discretion. Furthermore, MMR and the applicable Administrator may restrict, suspend or terminate any User's and MMR may restrict, suspend or terminate any administrator's access to all or any part of the Site or Services at any time, for any or no reason, with or without notice to Users, schools, Administrators, leagues, Teams or others and with no liability to MMR whatsoever. MMR and the applicable Administrator may refuse or remove a User Submission without notice to you.
- If a User Submission is removed from the Services, (i) the User Submission may still exist in our backup or archive copies, which are not publicly available (but MMR is not required or responsible to retain any User Submissions, including Video), (ii) Administrators, other Team members, parents, Team, league and school district, school administrators, and other Users that had access to a User Submission may have retained copies of your User Submissions, and neither MMR nor any of our affiliates have any responsibility for any uses of your User Submission that they might make. Further, subject to the Organization Terms, MMR retains the license granted to it by you when you first made your User Submission and can continue to use your User Submissions in derivative works created before it was deleted. In addition, subject to the Organization Terms, MMR will remain free to complete the creation of derivative works and thereafter exploit that derivative work for all purposes and at all times.
- A portion of MMR's sports team communication and management platform aspects of the Services dedicated to an Organization (an "Official Page") will be administered only by an authorized representative of that Organization. Only MMR may establish an Official Page. Each Organization will designate an Official Page administrator identified to MMR (a "Page Administrator"). The Organization may designate one or more Page Administrators and may change Page Administrators in its sole election, provided that each Page Administrator or successor is identified to MMR and is knowledgeable in administrating social network and community sites. The Page Administrator is solely responsible for restricting access to the Official Page to appropriate Users of the Organization and for adopting and administering appropriate policies and "Community Standards."
- Each Account may be utilized by one "Team," meaning one gender of one sport of one division from one Organization. Only one Team is permitted per Account. For example, Basketball film cannot be uploaded to a Football account and vice versa; and a high school varsity football team film cannot be uploaded to a junior varsity football team account and vice versa. You agree not to attempt to impersonate another User or other individual, and you acknowledge that the Services are for public and not private communications and that you have no expectation of privacy with regard to any User Submissions. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk.
- You acknowledge that the Site may contain inaccuracies or typographical errors or omissions. MMR is not responsible for any inaccuracies, omissions, typographical, pricing, product information, graphics, images, videos, text, advertisements or endorsements by or posed by any User or Administrator. No advertisements are permitted to be posted by Administrators or Users. All such advertisements are prohibited. Product and other endorsements are discouraged. If an Administrator or User makes any product or service endorsement, the Administrator or User is solely responsible for the content and must disclose if he, she or it is being paid for the endorsement or is receiving anything of value in connection with the endorsement. All advertisements and endorsements are solely User Submissions.
- You acknowledge that MMR may establish limits from time to time concerning use of the Services, including the number of days that User Submissions will be retained by the Services, the maximum number and size of postings email messages, or other Content or Video Content that may be uploaded, transmitted or stored by the Services, and the frequency with which you may access the Services. You agree that MMR has no responsibility or liability for the deletion or failure to store User Submissions, Video Content and Content. You agree that MMR may, in its sole discretion, at any time, and from time to time, modify or discontinue the Services (or any part thereof) with or without notice, and that MMR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. There is no guaranty of continuous service of the Site or the Services.
- In order to access some features of the Services, such as Official Pages or certain video editing aspects of the Services, the Page Administrator(s) or Video Administrator(s), respectively, will need to create a registered account. Such account will provide such Administrator with the ability to invite coaches, parents and players to such Official Pages and/or the uploading, editing or viewing capability of the editing and viewing software and platform, by providing them with an invitation containing a link with a token enabling the invitees to establish a login and password or other methods of providing such access (an individual's "Credentials"). You are prohibited from using another member's account, or Credentials, share your account Credentials with any other person, User or entity, or do anything else that might jeopardize the security of the Services, your account or information concerning any Organization, Administrator, User, Team, school or league. You shall not transfer your account or your Credentials to anyone without first getting our written permission in each instance. When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. You are solely responsible for the activity that occurs on your account, and you are responsible for keeping your account password secure. You must notify MMR immediately of any breach of security or unauthorized use of your account by contacting us at email@example.com. Although MMR will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by MMR or others due to such unauthorized use. If you are a parent of a minor who will have access to the Services, by registering or permitting your child to register or to use the Site, you consent to the use of the Services by such minor and agree to be responsible for such minor's activities and actions on the Site or relating to the Services.
- You agree that neither you nor your child will use the Services offered through the Site: (i) in connection with any commercial activities and/or sales, including without limitation advertising, solicitations for donations, contests, sweepstakes or pyramid schemes, without MMR's prior written consent in each instance, (ii) to promote information that you know is false or misleading or to promote or engage in illegal activities or conduct that is abusive, harassing, threatening, obscene, defamatory or libelous, (iii) to engage in or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, trademark infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifying information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit advance consent, (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, telephone numbers, dates of birth, physical addresses, User names, passwords or other contact information of Users, administrators or members for purposes of sending unsolicited communications or commercial solicitations, (vii) to bully, persecute, oppress, badger, browbeat, tyrannize, harass, torment, coerce, pressure, strong-arm, dominate, or otherwise intimidate another person (whether or not a minor), (viii) to use or launch any automated system, including without limitation, "robots," or "spiders," that accesses the Site or Services in a manner that sends more request messages to the MMR servers in a given period of time than humanly possible in the same period by using a generally available public web browser. In order to protect third parties and other Users from such prohibited conduct, MMR reserves the right to restrict, in its sole discretion, communications which a User may send through the Services.
- Intellectual Property Rights. The content and any rights under any patent(including patent applications and disclosures), copyright, trademark, trade secret, or other intellectual property right recognized in any country or jurisdiction in the world ("Intellectual Property Rights") on, of or within the Site and/or Services (such content shall be referred to herein as "Content"), except all User Submissions (as defined below), including without limitation, the materials, descriptions, FAQs, newsletters, bulletins, surveys, polls, literature, software,scripts, graphics, photos, interactive features, products, services and the like ("Site and Services IP") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MMR, subject to copyright and other Intellectual Property Rights under UnitedStates and foreign laws and international conventions. You in no way will obtain any ownership interest or rights in the Site and Services IP or Marks contained on, of or within the Site or Services. Site and Services IP is provided to you "AS IS" for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MMR reserves all rights not expressly granted in and to the Site and Services IP. If you download or print a copy of the Content for personal or educational use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any security related features of the Site or Services or features including those that prevent or restrict use, downloading or copying of any Content or User Submissions or enforce limitations on use of the Site or the Content or User Submissions therein.
- The Services may permit the submission or uploading of certain User-generated text, information, data, audio, video (including Video as defined by the Organization Terms), photographs, files or other content ("User Submissions"). User Submissions posted or uploaded to the Official Sites or the video editing and viewing software and platform may be viewed by MMR and viewed by Administrators, and by Team, league and school officials, as well as other registered Users to the extent access to the Official Site or platform is granted by the Administrator or Services. It may also be viewed by others to whom a registered User, Administrator, team official, league official or school official may have sent copies of such posting or uploaded User Submission. You understand and acknowledge that MMR does not guarantee any confidentiality with respect to any User Submissions.
- MMR is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions. You understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and that as a provider of interactive services MMR is not liable for any statements, representations or User Submissions provided by users of the Services. Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that you deem inappropriate or is harmful to minors.
Digital Millennium Copyright Act
- Notification. If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site or Services; (iii) a description of the location on the Site or Services of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MMR's designated Copyright Agent for notice of claims of infringement is:
MMR Digital, Inc.
7600 Jericho Turnpike, Suite 201
Woodbury, NY, 11797
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MMR's customer service at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
- Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright or owner of the trademark, service mark or other intellectual property rights or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the United States federal court in the commonwealth or state you are located or of the United States District Court for the Eastern District of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, MMR shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or User posting such material. If no such infringement action is filed within such 10 business days, MMR may, in its sole discretion, reinstate the removed material or cease disabling such material.
- In accordance with the DMCA and other applicable law, MMR shall, in appropriate circumstances, terminate access, at MMR's sole discretion, of any User that MMR finds to be a repeat infringer of others copyrights. MMR may also, in its sole discretion, limit or fully terminate access to the Services of any User infringing the intellectual property rights of others, regardless of whether such User is repeat offender or not.
- Member Disputes You are solely responsible for your interactions with other Users or members of the Services and the Administrator of that portion of the Site or Services where you are given access, as well as with the Team, league and school related thereto. MMR reserves the right, but has no obligation, to monitor disputes between you and other Users, Administrators, Teams, leagues or schools.
- Warranty Disclaimer. You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, MMR, its officers, directors, employees, affiliates and agents disclaim all warranties, express or implied, in connection with the Services and your use thereof. MMR makes no warranties or representations about the accuracy or completeness of the Content or User Submissions or the content of any sites linked to the Site or Services and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services, Content or User Submissions, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical, financial or other information stored therein, (iv) any interruption or cessation of transmission to or from our Services, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Services. MMR does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any third party through the Services or any hyperlinked web site. Certain states limit the scope of disclaimers. Accordingly, these limitations may not apply to you.
- Limitation of Liability. IN NO EVENT SHALL MMR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (EVEN IF MMR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, CONTENT, OR USER SUBMISSIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL, INSTITUTIONAL, TECHNICAL OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, UPLOADED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (INCLUDING NEGLIGENCE), AND WHETHER OR NOT MMR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, POSTINGS OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR THE SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Certain states limit the scope of disclaimers. Accordingly, these limitations may not apply to you. You acknowledge that MMR shall not be liable for User Submissions or any defamatory, offensive, bullying, harassing or illegal conduct of any other User, Administrator, school, Team or league, or any third party and that the risk of harm or damage from the foregoing rests entirely with you.
- Wireless Capabilities. The Services may offer certain features and services that are available to you via a wireless or mobile device. These features and services may include the ability to access the Services' features and upload content to the Services, receive messages from the Services (the "Wireless Notifications"), and download applications to your wireless device (the "Wireless App") (collectively, "Wireless Features"). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features, for which you are solely responsible. Fees and charges may appear on your wireless bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues. Account information and features may be limited when using the Wireless Features.
- Terms of Wireless Features. You agree that some of the Wireless Features for which you are registered may send communications via such features or apps to your device regarding MMR, sportsYou related matters or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Services for Wireless Notifications, then you agree to notify MMR of any changes to your wireless contact information (including phone number) and update your accounts on the Services to reflect the changes. To stop any SMS text subscriptions from MMR at any time, send a text message with STOP, END or QUIT to the program's mobile short code. Alternatively you may also log into your Account and change your notification settings. Your device must have text messaging capability to use any Wireless Notifications. To stop using other Wireless Features, you may need to update your account settings and/or delete the Wireless App from your device. By opting into any Wireless Features you represent that you are the owner of the device and that you are at least eighteen years old.
Dispute Resolution; Informal Resolution AND Formal Resolution by Arbitration/Class Action Waiver. In order to expedite and control the cost of disputes, you and MMR agree that any legal or equitable claim regardless of whether based in contract, tort, strict liability or otherwise relating to or arising out of any use of the Services (referred to as a "Claim") shall be resolved as follows:
- Write a demand for arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, 18881 Von Karman Avenue, Suite 350, Irvine, CA 92612.
- Send one copy of the Demand for Arbitration to the other party.
- Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in the Eastern District of New York.
The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of MMR to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Site or Services.
- Limited Time to File Claims: You and MMR agree that any Claim arising out of your use of the Services will be asserted within one (1) year after the Claim first arises, or such Claim will be barred and may no longer be brought.
Notwithstanding the foregoing, nothing in this Section 19 shall modify Subsections 16.2 and 17 ("Formal Resolution by Arbitration/Class Action Waiver" and "Class Action Waiver").
- California Consumer Rights. Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
- Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all WiFi, digital, Internet service provider, SMS, mobile service, and other services needed for your access to and use of the Site and the Services. You will be solely responsible for all charges related to them. You are also solely responsible for maintaining and using adequate up to date firewalls, virus and malware blocking software on each of your devices. Upload and down load speeds may vary from device to device, and may be affected by a variety of factors, including your location and the bandwidth and speed of your mobile service, Internet or WiFi connection. The time it takes to begin accessing or viewing content will also vary based on a number of factors, including your location, connectivity, available bandwidth at the time, virus and malware protections you have in place and the configuration of your device. MMR makes no representations or warranties about the upload or down load speeds you will experience or the quality of your viewing experience on any device.
Your wireless provider may charge for use of any mobile features, including fees for receipt of SMS and text messages or data transmission. In order to receive mobile features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These are not MMR's, your Team's, your school's, or the leagues fees. You should contact your wireless provider before you sign up for any mobile features to determine what fees, if any, will be charged by it.
- You acknowledge that MMR, and not Apple, is responsible for providing the Services and MMR content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
- Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and MMR, MMR, and not Apple is responsible for addressing any Claims you may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Services fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Further, you agree that if the Services, or your possession and use of the Services, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
- When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services. Notwithstanding the foregoing to the contrary, MMR makes no representation or warranty that the Services are compatible with any third-party system, platform, technology or otherwise.
- Telephone/Chatroom Communications. Telephone communications and chat room conversations with us, including calls with any of our agents or independent contractors, may be routinely monitored or recorded. You expressly consent, on behalf of yourself, your minor children and other users of your Services Credentials, computer and telephone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your membership and User account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
- User Suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to MMR are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. MMR shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
- Questions; Comments. If you have any questions or comments on the Services or become aware of misuse of the Services by any person, please contact us at email@example.com or at the following address:
MMR Digital LLC
7600 Jericho Turnpike, Suite 201
Woodbury, NY, 11797
(Attn: User Comments.)
- NCAA Regulations / Other Regulations. MMR is in no way affiliated with or sponsored by the NCAA. You are responsible for your own activities in connection with the Site and Services. Accordingly, you are responsible for knowing and complying with the NCAA's rules, regulations, and laws or other similar rules, regulations, and laws (collectively, "NCAA Regulations"). MMR is not responsible if you do not abide by NCAA Regulations (or any other similar rules or regulations) in connection with your use of the Site and/or Services. If you act in violation of the NCAA Regulations, MMR may take reasonable steps in response, including, but not limited to, termination of your access to and use of the Site and/or reporting of such conduct to the NCAA, the authorities, or other appropriate entity. MMR does not knowingly promote any violations of NCAA Regulations (or any other similar rules or regulations).