MaxPreps Terms of Use
Welcome to MaxPreps! By using or visiting this website at
www.maxpreps.com (the "Web Site"), you are agreeing to the following terms
and the Privacy Policy which is published at
http://www.maxpreps.com/FanPages/PrivacyPolicy.mxp.
If you do not agree to any of these terms, then please do not use the Web Site.
If there are material changes to our Terms of Use, we will post a link to our revised
Terms of Use on our home page. Your continued use of this Web Site shall constitute
your acceptance of any revised Terms of Use.
These Terms of Use apply to all users of the Web Site, including users who are also
contributors of video content, photographs, articles, information, and other materials
or services on the Web Site. The Web Site may contain links to third party websites
that are not owned or controlled by MaxPreps. MaxPreps has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of any
third party websites. In addition, MaxPreps will not and cannot censor or edit the
content of any third-party site. By using the Web Site, you expressly relieve MaxPreps
from any and all liability arising from your use of any third-party website. MaxPreps
hereby grants you permission to use the Web Site as set forth in this Terms of Use,
provided that you will not copy or distribute any part of the Web Site in any medium
without MaxPreps&squo; prior written authorization, and you will otherwise comply
with the terms and conditions of these Terms of Use.
Intellectual Property Rights
The content on the Web Site, except all User Submissions (as defined below), including
without limitation, the text, software, scripts, graphics, photographs, sounds,
videos, articles, and the like ("Content") and the trademarks, service marks and
logos contained therein ("Marks"), are owned by or licensed to MaxPreps, subject
to copyright and other intellectual property rights under United States and foreign
laws and international conventions. Content on the Web Site is provided to you "AS
IS" for your information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited
for any other purposes whatsoever without the prior written consent of the respective
owners. MaxPreps reserves all rights not expressly granted in and to the Web Site
and the Content. You agree to not engage in the use, copying, or distribution of
any of the Content other than expressly permitted herein.
Member Account, Password, and Security
If portions of the Web Site require you to open an account, you must complete the
registration process by providing us with current, complete and accurate information
as prompted by the applicable registration form. You may also be asked to choose
a password and a user name. You are entirely responsible for maintaining the confidentiality
of your password and account. Furthermore, you are entirely responsible for any
and all activities that occur under your account. You agree to notify MaxPreps immediately
of any unauthorized use of your account or any other breach of security. MaxPreps
will not be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However, you could
be held liable for losses incurred by MaxPreps or another party due to someone else
using your account or password. You may not use anyone else's account at any time,
without the permission of the account holder.
User Submissions
The Web Site permits user submissions including videos, photographs, or other communications
("User Submissions") and the hosting, sharing, and publishing of such User Submissions.
MaxPreps does not guarantee the publication or confidentiality with respect to any
submissions.
You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize MaxPreps to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the manner contemplated by
the Web Site and these Terms of Use; and (ii) you have the necessary consent, release,
and/or permission of each and every identifiable individual person in the User Submission
to use the name or likeness of each and every such identifiable individual person
to enable inclusion and use of the User Submissions in the manner contemplated by
the Web Site and these Terms of Use. You retain all of your ownership rights in
your User Submissions. However, by submitting the User Submissions to MaxPreps,
you hereby unconditionally and without monetary compensation grant MaxPreps a perpetual,
worldwide, non-exclusive, royalty-free, sublicenseable and transferable right and
license to use, host, cache, route, transmit, store, copy, reformat, excerpt, reproduce,
distribute, prepare derivative works of, display, and perform the User Submissions
in connection with the Web Site and MaxPreps (and its successor's) business, including
without limitation for promoting and redistributing part or all of the Web Site
(and derivative works thereof) in any media formats and through any media channels.
You hereby grant MaxPreps a perpetual, non-exclusive, worldwide, royalty free license
to use your name in connection with your User Submissions. This license gives MaxPreps
the right to display your User Submissions via streaming and/or downloading technologies
via the internet or mobile communication devices for fee or no fee to the end user,
and MaxPreps reserves the right to display advertisements in connection with any
display of your User Submissions. Notwithstanding the foregoing, MaxPreps is not
required to host, index, or display any User Submissions uploaded or otherwise provided
to MaxPreps, and may remove or refuse to host, index or display any User Submissions.
MaxPreps is not responsible for any loss, theft, intellectual property infringement
or damages of any kind related to the User Submissions.
You further agree that you will not: (i) impersonate another person; (ii) submit
material that is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or that encourages conduct
that would be considered a criminal offense, give rise to civil liability, violate
any law, or is otherwise inappropriate; (iii) post advertisements or solicitations
of business; or (iv) submit material that is copyrighted, a protected trade secret
or otherwise subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission from the rightful
owner to post the material and to grant MaxPreps all of the license rights granted
herein.
MaxPreps does not endorse any User Submission or any opinion, recommendation, or
advice expressed therein, and MaxPreps expressly disclaims any and all liability
in connection with User Submissions. MaxPreps does not permit copyright infringing
activities and infringement of intellectual property rights on its Web Site, and
MaxPreps will remove all Content and User Submissions if properly notified that
such Content or User Submission infringes on another's intellectual property rights.
MaxPreps reserves the right to remove Content and User Submissions without prior
notice.
You acknowledge that MaxPreps may or may not pre-screen User Submissions, but that
MaxPreps and its designees shall have the right (but not the obligation) in their
sole discretion to pre-screen, refuse, or remove any User Submissions that is available
via the Web Site. Without limiting the foregoing, MaxPreps and its designees shall
have the right to remove any User Submissions that violates the Terms of Use or
is otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any User Submissions, including any reliance on the
accuracy, completeness, or usefulness of such User Submissions. In this regard,
you acknowledge that you may not rely on any User Submissions created by MaxPreps
or submitted to MaxPreps, including without limitation information in MaxPreps message
boards and in all other parts of the Web Site. MaxPreps further reserves the right
to display User Submissions for marketing, promotional, and advertising purposes.
You acknowledge, consent and agree that MaxPreps may access, preserve and disclose
your account information and User Submissions if required to do so by law or in
a good faith belief that such access preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to
claims that any User Submissions violates the rights of third parties; (d) respond
to your requests for customer service; or (e) protect the rights, property or personal
safety of MaxPreps, its users and the public.
Claims of Copyright Infringement
MaxPreps respects the intellectual property rights of others. In particular, if
you are a copyright owner or an agent thereof and believe that any User Submission
or other content infringes upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled and information reasonably sufficient to permit the service provider
to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
(vi) A 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.
MaxPreps designated copyright agent to receive notifications of claimed infringement
is: Roger Loghry, 3161 Cameron Park Drive, Suite 108, Cameron Park, CA 95682, email:
roger@maxpreps.com, telephone: (800) 329-7324,
fax: (530) 672-8559. For clarity, only DMCA notices should go to the copyright agent;
any other feedback, comments, requests for technical support, and other communications
should be directed to MaxPreps customer service through
info@maxpreps.com.
User Conduct
You agree to not use the Web Site to:
- upload, post, email, transmit or otherwise make available any User Submissions that
are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin
of any User Submissions transmitted through the Web Site;
- upload, post, email, transmit or otherwise make available any User Submissions that
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under nondisclosure
agreements);
- upload, post, email, transmit or otherwise make available any User Submissions that
infringes any patent, trademark, trade secret, copyright or other proprietary rights
of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the Web Site are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges; interfere with or
disrupt the Web Site or servers or networks connected to the Web Site, or disobey
any requirements, procedures, policies or regulations of networks connected to the
Web Site;
- intentionally or unintentionally violate any applicable local, state, national or
international law; and/or "stalk" or otherwise harass another.
No Unlawful or Prohibited Use
As a condition of your use of this Web Site, you agree that you will not use the
Web Site for any purpose that is unlawful or prohibited by these Terms of Use. You
may not use this Web Site in any manner that could damage, disable, overburden,
or impair any MaxPreps&squo; server, or the network(s) connected to any MaxPreps
server, or interfere with any other party's use and enjoyment of the Web Site. You
may not attempt to gain unauthorized access to the Web Site, other accounts, computer
systems or networks connected to any MaxPreps server or the Web Site, through hacking,
password mining or any other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available through
the Web Site.
The MaxMobile Service
Your use of the MaxMobile Service is subject to a separate written agreement. Before
registering for the MaxMobile Service, you are required to review and agree to the
MaxMobile Terms.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by MaxPreps without restriction.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, MAXPREPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR USE THEREOF. MAXPREPS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS
SITE 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 WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE MAXPREPS WEBSITE. MAXPREPS DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE MAXPREPS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND MAXPREPS WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL MAXPREPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE MAXPREPS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MAXPREPS SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Web Site is controlled and offered by MaxPreps from its facilities in the United
States of America. MaxPreps makes no representations that the Web Site is appropriate
or available for use in other locations. Those who access or use the Web Site from
other jurisdictions do so at their own volition and are responsible for compliance
with local law.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries,
joint ventures and employees), harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your breach of
this Terms of Use, or your violation of any law or the rights of a third party.
Advertisers or Sponsors
Your correspondence or business dealings with, or participation in promotions of,
advertisers or sponsors found on or through the Web Site, 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 or sponsor. You agree that MaxPreps 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 or sponsors on the Web Site.
Ability to Accept Terms of Use
You affirm that you either are at least 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Use, and to abide by and comply with
these Terms of Use. In any case, you affirm that you are over the age of 13, as
the Web Site is not intended for children under 13.
Modifications to Web Site
MaxPreps reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Web Site (or any part thereof) with or without notice.
You agree that MaxPreps shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
General
You agree that: (i) the Web Site shall be deemed solely based in California; and
(ii) the Web Site shall be deemed a passive website that does not give rise to personal
jurisdiction over MaxPreps, either specific or general, in jurisdictions other than
California. These Terms of Use shall be governed by the internal substantive laws
of the State of California, without respect to its conflict of laws principles.
Any claim or dispute between you and MaxPreps that arises in whole or in part from
the Web Site shall be decided exclusively by a court of competent jurisdiction located
in Sacramento County, California. These Terms of Use, together with the Privacy
Policy at http://www.maxpreps.com/FanPages/PrivacyPolicy.mxp and any other legal
notices published by MaxPreps on the Web Site, shall constitute the entire agreement
between you and MaxPreps concerning the Web Site. If any provision of these Terms
of Use is deemed invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. No waiver of any term
of this these Terms of Use shall be deemed a further or continuing waiver of such
term or any other term, and MaxPreps failure to assert any right or provision under
these Terms of Use shall not constitute a waiver of such right or provision. MaxPreps
reserves the right to amend these Terms of Use at any time and without notice, and
it is your responsibility to review these Terms of Use for any changes. Your use
of the Web Site following any amendment of these Terms of Use will signify your
assent to and acceptance of its revised terms. 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 Web Site or related services must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
Thank you for your use of our Web Site and please contact us with any questions.
Effective date: November 10, 2006