Last Update: 08/23/2011
1. AGREEMENT BETWEEN USER AND WatchMeGoPro™
The WatchMeGoPro™ web site “WatchMeGoPro™ web site” or the “Site” is an online social network dedicated to young athletes, their staff (coaches, managers, trainers, etc.) and their fans. The Site is operated by Rock Solid Software, LLC (the “Operator”) whose principal address is 4101 Lake Boone Trail, Suite 208 Raleigh, North Carolina 27607.
Your use of the WatchMeGoPro™ web site is permitted by the Operator, conditioned upon and subject to your acceptance without modification of the terms, conditions, and notices (collectively, the “Terms”) contained in this Terms of Use Agreement (the “Agreement”) and to any future modifications of the Terms, as set forth in Paragraph 3 below. In order to use the Site, you must first complete a registration form with a user name and password, and you must agree to the Terms; you may not use the Site if you do not agree to and comply with the Terms. By accepting the Terms, you are entering a legally binding contract with the Operator. Your use of the WatchMeGoPro™ web site constitutes your acceptance of and agreement to all of the Terms contained in this Agreement. In order to accept the Terms of this Agreement, you must click on the “Accept” checkbox when you are prompted to do so during the registration of your user account. The Site is available to all users. However, if you are between the ages of 13 and 18, you MUST have a parent assist with your registration. If you are under the age of 13, we require verifiable parental consent, as set forth in our Privacy Statement - Kids.
By accepting the Terms of this Agreement and becoming a user of the WatchMeGoPro™ web site, you acknowledge that you have read and understand the Terms and you agree to be bound by the Terms and all of your obligations under this Agreement so long as you remain a user of the Site.
2. LICENSE
Subject to your agreement and continued compliance with the Terms of this Agreement, at the time that you accept the Terms, the Operator grants to you a limited, revocable, non-exclusive, personal, worldwide, royalty-free, non-assignable right to use the WatchMeGoPro™ web site and the services contained therein.
3. MODIFICATION OF THESE TERMS OF USE
The Operator reserves the right to change the Terms under which it offers the WatchMeGoPro™ web site, including, but not limited to the fees charged by the Operator for the use of certain features of the Site. The Operator will notify you when it makes such changes to the Terms by sending an electronic mail message to the address specified in your user profile. Such changes shall become effective as soon as the changes to the Terms are posted on our Site. If you do not agree to the changes to the Terms, your sole recourse is to stop all use of the Site. If you continue to use the services on the Site, your continued use will constitute your acceptance of the revised Terms.
4. USER OBLIGATIONS
a) NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the WatchMeGoPro™ web site, you expressly agree that you will not use the WatchMeGoPro™ web site for any purpose that is unlawful or prohibited by these Terms. You may not use the WatchMeGoPro™ web site in any manner which could damage, disable, overburden, or impair the WatchMeGoPro™ web site or interfere with any other party's use and enjoyment of the WatchMeGoPro™ web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WatchMeGoPro™ web site.
b) COMPLIANCE WITH LAW AND THE RULES OF USE. As a condition of your use of the WatchMeGoPro™ web site, you expressly agree that you will comply with all applicable laws and that you will strictly adhere to the Terms of this Agreement and to the Rules of Use for the Site which are listed at the end of this Agreement and are a part of this Agreement.
c) MATERIAL SUBMITTED TO WatchMeGoPro™ BY YOU. Neither the Operator nor WatchMeGoPro™ claims any ownership of any material (including feedback and suggestions) which you provide, post, upload, input or submit (collectively, "Submissions") to the WatchMeGoPro™ web site or which you submit to any associated web services which may be developed by the Operator in the future. However, by posting, uploading, inputting, providing or submitting your Submissions, you grant to the Operator of the Site and its affiliated companies and sub-licensees a non-exclusive, irrevocable, unlimited, perpetual, assignable, fully-sublicensable, fully-paid, world-wide and royalty-free license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, improve, translate, reformat, publish, commercialize in any manner, or remove your Submission without any further consent by, or notice or compensation to you.
By posting, uploading, inputting, providing or submitting your Submission to the Site, you warrant and represent that (i) the information is accurate, up to date, not confidential, and not in violation of any contractual obligations pursuant to another contract; and (ii) you own or otherwise control the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and (iii) your Submission does not violate any copyright or other intellectual property rights and restrictions of any kind. You are responsible for protecting and enforcing any rights that you have to your own Submissions, and the Operator has no obligation to enforce any of your rights on your behalf.
d) SECURITY AND PERSONAL INFORMATION. You agree that you will keep your user account information and password confidential. You further agree to exercise caution when providing personally identifying information about yourself or your child to another user or for use on the Site. You agree that you are solely responsible for your disclosures and actions associated with your use of the Site. The Operator is under no obligation to verify the identity of any other user of the Site and is under no obligation to supervise the submissions or activities (including misuse or misappropriation of your material) of other users. By posting, uploading, inputting, providing or submitting your Submission to the Site, you are giving your express and full and informed consent to our use and publication of the information you submit. Your use of the Site is conditioned upon your acceptance of all the risks associated with publishing personal information in a public forum. Your use of the Site is further conditioned upon your understanding and acceptance of our Privacy Statement - General and our Privacy Statement - Kids, either of which may be amended from time to time in the sole discretion of the Operator. You agree that the Operator may disclose your personal information, if required to do so by law, or in a good faith belief that such disclosure is reasonably necessary to comply with law, enforce the Terms of this Agreement, or to protect the rights or safety of any party.
e) PAYMENT FOR SERVICES. If you elect to use a service on the Site for which the Operator charges a fee, you agree to pay all amounts promptly as they come due and you agree to pay all sales and other related taxes. You further agree to pay any interest due and any costs which may be incurred by the Operator to collect your fees from you, in the event you fail to pay your fees promptly.
f) INDEMNIFICATION. You agree to indemnify and hold harmless the Operator and its members, managers, directors, officers, employees, agents, licensors, representatives and third party providers from and against any action, claim, demand, loss, damage, liability or expenses, including attorney’s fees and costs, arising from or relating to: (i) your breach of this Agreement; (ii) any negligence or willful misconduct by you; (iii) any allegation that your submission infringes a third person’s copyright or trademark right, or misappropriates a third person’s trade secret; and (iv) your use of the Site and including any content you submit to the Site. You agree that the Operator shall have the right to participate in and control the defense of any such claim through counsel of its own choosing. The Operator shall promptly notify you in writing of any such claim or suit.
5. OUR OBLIGATIONS and RIGHTS
a) UPDATES TO THE SITE. The WatchMeGoPro™ web site is an on line social network dedicated to young athletes, their staff (coaches, managers, trainers, etc.) and their fans to facilitate communication between users and their teammates, staff (coaches, managers, trainers, etc.), fans and colleagues via messaging. The Operator expressly reserves the right to make updates, improvements and enhancements to the Site and may discontinue the service to any extent, at any time, and in its sole discretion. You agree to accept all such updates, improvements and enhancements to the Site as part of your use of the Site.
b) LINKS TO THIRD PARTY SITES. The WatchMeGoPro™ web site may contain links to other web sites ("Linked Sites") which are developed by, and under the control of, third parties. The Operator is not responsible and assumes no liability for the contents of any Linked Sites, including, without limitation, any link contained within a Linked Site, or any changes or updates to a Linked Site. The content and software published on a Linked Site may be protected by intellectual property rights held by the originators of the content, and use of the Linked Sites is subject to the terms of use (including any privacy and data gathering policies) posted on the Linked Site. The Operator is not responsible for the content, accuracy or intellectual property rights of any webcast or any other form of transmission received from any Linked Site. The Operator makes links to the Linked Sites available to you only as a convenience, and the inclusion of any link to a Linked Site does not imply any endorsement of the Linked Site by the Operator or any association or contractual relationship between the Operator and the third party operators of the Linked Sites.
c) OPERATION OF THE SITE. The Operator has no obligation to monitor the Submissions of any user posted on the Site. However, the Operator reserves the right to review material posted on the Site, and to remove any Submission which, in its sole discretion, the Operator deems to be inappropriate, offensive, a violation of law or a violation of this Agreement. The Operator reserves the right to terminate your access to any or all of the services at any time without notice for any reason whatsoever. The Operator is under no obligation to store, maintain or provide a copy of any content that you submit to the Site, and reserves the right to limit the storage capacity of the content you provide to the Site. The Operator reserves the right at all times to disclose any information necessary to comply with any applicable federal, state or local law, regulation or ordinance and with a valid request by any law enforcement official. You acknowledge and agree that the Operator may send you important notices or other communication regarding the Site, or your use of the Site, through the email account which you have provided to the Operator. You further acknowledge and agree that the Operator, in its sole discretion, may display advertisements and promotions targeted to the content stored on the Site, and that in no event will you modify, hide or otherwise obscure the advertisements.
d) ACCURACY OF CONTENT. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WatchMeGoPro™ WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU SHOULD NOT RELY UPON ADVICE RECEIVED VIA THE WatchMeGoPro™ WEB SITE FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PERSONAL CIRCUMSTANCES.
e) DISCLAIMER OF WARRANTIES. THE OPERATOR AND THE WatchMeGoPro™ WEB SITE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WatchMeGoPro™ WEB SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND. THE OPERATOR AND THE WatchMeGoPro™ WEB SITE HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES OF NON-INFRINGEMENT. THE OPERATOR MAKES NO WARRANTIES CONCERNING THE DELIVERY OF ANY MESSAGES SENT BY THROUGH THE SITE TO ANYONE. THE OPERATOR MAKES NO GUARANTEE THAT THE SITE WILL PERFORM WITHOUT INTERRUPTION; THE OPERATION OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME BY THE IMPLEMENTATION OF UPDATES, MAINTENANCE, OR CAUSES OUTSIDE OF THE CONTROL OF THE OPERATOR.
f) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR PERFORMANCE OF THE WatchMeGoPro™ WEB SITE; (ii) THE DELAY OR INABILITY TO USE THE WatchMeGoPro™ WEB SITE OR RELATED SERVICES; (iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES; (iv) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WatchMeGoPro™ WEB SITE; OR (v) THE USE OR MISUSE BY YOU OR BY OTHER USERS OF THE SITE OR ANY INFORMATION YOU SUBMIT TO THE SITE, INCLUDING YOUR PERSONAL INFORMATION; OR OTHERWISE ARISING OUT OF THE USE OF THE WatchMeGoPro™ WEB SITE. THE FOREGOING LIMITATION SHALL APPLY WHETHER A CLAIM IS BASED ON CONTRACT, TORT, STATUTE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF THE OPERATOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WatchMeGoPro™ WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WatchMeGoPro™ WEB SITE.
6. TERMINATION OF THIS AGREEMENT
You may terminate this Agreement at any time with or without cause, either by (i) providing notice to the Operator, which shall be effective when the request is processed by the Operator; or (ii) discontinuing your use of the Site. The Operator may terminate this Agreement at any time, with or without cause and with or without notice, and such termination shall be effective immediately, or as specified in any notice that may be given to you. Upon termination of this Agreement by either you or the Operator, your access to the Site shall be terminated; however, the terms of this Agreement, except Paragraphs 2, 5(a), 5(b) and 5(c) shall survive, and shall remain in full force and effect. Upon termination of your use of the Site for any reason, your data may not be retrieved at a later time. However, a parent of a user under the age of 13 may request retrieval or deletion of such child’s information.
7. GENERAL
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of North Carolina, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Wake County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the WatchMeGoPro™ web site. In the event of a dispute, you agree to submit the matter to final and binding arbitration to be held in Wake County, North Carolina, under the rules of the American Arbitration Association. Any costs of arbitration shall be shared equally between you and the Operator. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Operator pursuant to this Agreement or your use of the WatchMeGoPro™ web site. Any claim which you may have against the Operator relating to this Agreement must be brought within one year. Any claims filed by you against the Operator more than one year after the first date on which the claim could have been filed shall be permanently barred. The Operator's performance of its obligation under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Operator's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WatchMeGoPro™ web site or information provided to or gathered by the Operator with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and the Operator with respect to the WatchMeGoPro™ web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Operator with respect to the WatchMeGoPro™ web site. The failure of the Operator to act with respect to a breach of this Agreement by you shall not constitute a waiver by the Operator of its right to act with respect to any subsequent or similar breach by you. Your rights and obligations pursuant to this Agreement are not assignable to any other party, and any purported assignment shall be ineffective. However, the Operator may assign this Agreement, in whole or in part, at any time with or without notice to you. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All paragraph headings in this Agreement are for convenience of reference, and shall have no effect in the interpretation of this Agreement. It is the express wish of the parties that this Agreement and all related documents are drawn up in English.
8. COPYRIGHT AND TRADEMARK NOTICES
Rock Solid Software, LLC owns all right, title and interest in and to the services which it offers as part of the WatchMeGoPro™ web site and any affiliate web sites which it may develop in the future, including but not limited to the software, graphics, design, logos, trademarks, trade names, service marks, domain names and all material generated by the Operator or on behalf of the Operator (the “Content”) for use on the Site. The Content may not be reproduced, modified, displayed, performed, distributed or circulated to any third party without the written consent of the Operator. “WatchMeGoPro” is a service mark or registered trademark belonging to the Operator. All rights not expressly granted to you herein are reserved. The names of third party companies and products which are displayed on the Site may be the trademarks of their respective owners.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT and OTHER COMPLAINTS. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to the Operator at the following address: privacy@watchmegopro.com.
9. RULES of USE
The WatchMeGoPro™ web site may, in the sole discretion of the Operator, contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities designed to enable you to communicate with other users, the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are suitable and appropriate as described below, and that you will not:
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, libelous, malicious, discriminatory, false, abusive, threatening, violent, infringing, obscene, indecent or unlawful topic, name, material or information, or any material relating to tobacco and alcohol products;
· Publish, post, upload, distribute or disseminate any information which provides instruction about illegal activities such as making or obtaining illegal weapons, violating another person’s privacy or computer hacking;
· Upload files to the Site that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
· Upload files to the Site that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the WatchMeGoPro™ web site, the Operator’s network, or any other user’s computer or network;
· Advertise or offer to sell or buy any goods or services for any business purpose, unless the Communication Service specifically allows such activity;
· Use the Communication Services to send bulk email or other unsolicited communications to any other party;
· Utilize any information that you obtain or view on the Site to provide a service that is competitive with the Operator;
· Conduct or forward surveys, contests, pyramid schemes or chain letters;
· Download from the WatchMeGoPro™ web site any file posted by another user of the Site that you know, or reasonably should know, is subject to the intellectual property rights of another party and that such distribution is prohibited;
· Reverse engineer, disassemble, decompile or otherwise attempt to derive the source code for any of the intellectual property developed by the Operator;
· Use any third party software tools, devices, scripts or other means to access, scrape, crawl or spider any content provided on the Site;
· Attempt to circumvent or override any security component provided on the Site;
· Use or attempt to use another user’s account information, or create any false user identity;
· Falsify or delete any author attributions, legal or other notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is provided on the WatchMeGoPro™ web site;
· Restrict or inhibit any other user from using and enjoying the Communication Services;
· Harvest or otherwise collect any information about others, including e-mail addresses, without their consent, or as permitted by the Terms of this Agreement;
· Violate any applicable laws or regulations.