Terms of Use...Please Read!!!
Terms of Use
   
 
   
 
 
 
Please read the Terms of Use Agreement  

The Reel Athletes, Inc. Terms of Use Agreement

September 06, 2007

The Reel Athletes, Inc. is dedicated to helping the amateur athlete get noticed.  Our services are designed to be economical and our site is designed to be user-friendly.  The Reel Athlete's website is designed to enable its members the ability to create and showcase athletic profiles.  The services offered at www.thereelathletes.com (The Reel Athletes, Inc. or "we") include the website www.thereelathletes.com, database services, videography services, and any other features, content or applications offered from time to time by www.thereelathletes.com in connection with the website (collectively, "The Reel Athlete Services").  The Reel Athlete Services are hosted in the United States.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the The Reel Athletes, Inc. Services. By using the The Reel Athletes Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the The Reel Athletes, Inc. Website) or you are a "Member" (which means that you have registered with www.thereelathletes.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the The Reel Athletes Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the The Reel Athletes, Inc. Website and discontinue use of the The Reel Athletes Services immediately. If you wish to become a Member, communicate with other Members and make use of the The Reel Athletes  Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes the www.thereelathletes.com privacy policy for acceptable use of the The Reel Athletes, Inc. Services and Content posted on the The Reel Athletes, Inc. Website, your rights, obligations and restrictions regarding your use of the The Reel Athletes, Inc. Services and The www.thereelathletes.com  Privacy Policy. In order to participate in certain The Reel Athletes, Inc. Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the The Reel Athletes, Inc. 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: privacy@thereelathletes.com, Subject: Terms of Use Agreement.

The Reel Athletes, Inc. may modify this Agreement from time to time and such modification shall be effective upon posting by The Reel Athletes, Inc. on the The Reel Athletes, Inc. Website. You agree to be bound to any changes to this Agreement when you use the The Reel Athletes 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.

Please choose carefully the information you post on www.thereelathletes.com and that you provide to other Users or those who may contact you via the website. Your The Reel Athletes, Inc. profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other The Reel Athletes, Inc. Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and The Reel Athletes, Inc. assumes no responsibility or liability for this material. If you become aware of misuse of the The Reel Athletes, Inc. Services by any person, please contact us at violation@thereelathletes.com or click on the "Report Inappropriate Content" link at the bottom of any The Reel Athletes, Inc. page.

The Reel Athletes, Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the The Reel Athletes Services at any time, for any or no reason, with or without prior notice, and without liability.  The Reel Athletes, Inc. expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of The Reel Athletes Services if The Reel Athletes, Inc. determines, in its sole discretion, that you pose a threat to The Reel Athletes, Inc. and/or its Users.

  1. Eligibility. Use of and Membership in the The Reel Athletes Services is void where prohibited. By using the The Reel Athletes Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older or have your parent or guardian consent/permission; and (d) your use of the The Reel Athletes, Inc. Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age and do not have proper permission from your parent or guardian on file with us.
  2. Term. This Agreement shall remain in full force and effect while you use the The Reel Athletes Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Modification page. The Reel Athletes, Inc. may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
  3. Fees. You acknowledge that The Reel Athletes, Inc. reserves the right to charge for the The Reel Athletes Services and to change its fees from time to time in its discretion. If The Reel Athletes, Inc. terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up to become a Member, you will also be sent a password to your registered email account.  You may, at anytime, change the password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify The Reel Athletes, Inc. 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.
  5. Non-commercial Use by Members. The Reel Athletes Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by The Reel Athletes, Inc. Illegal and/or unauthorized use of the The Reel Athletes Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the The Reel Athletes, Inc. Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the The Reel Athletes Services.
  6. Proprietary Rights in Content on The Reel Athletes, Inc.
    1. The Reel Athletes, Inc. does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the The Reel Athletes Services. After posting your Content to the The Reel Athletes 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 displaying or publishing ("posting") any Content on or through the The Reel Athletes Services, you hereby grant to The Reel Athletes, Inc. a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the The Reel Athletes Services.

      Without this license, The Reel Athletes, Inc..com would be unable to provide the The Reel Athletes Services. For example, without the right to modify Member Content, The Reel Athletes, Inc. would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, The Reel Athletes, Inc. could not allow Users to listen to music posted by Members. The license you grant to The Reel Athletes, Inc. is non-exclusive (meaning you are free to license your Content to anyone else in addition to The Reel Athletes, Inc.), fully-paid and royalty-free (meaning that The Reel Athletes, Inc. is not required to pay you for the use on the The Reel Athletes Services of the Content that you post), sub-licensable (so that The Reel Athletes, Inc. is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the The Reel Athletes Services), and worldwide (because the Internet and the The Reel Athletes Services are global in reach). This license will terminate at the time you remove your Content from the The Reel Athletes Services. The license does not grant The Reel Athletes, Inc. the right to sell your Content, nor does the license grant The Reel Athletes, Inc. the right to distribute your Content outside of the The Reel Athletes Services.

    2. You represent and warrant that: (i) you own the Content posted by you on or through the The Reel Athletes Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the The Reel Athletes 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 The Reel Athletes Services.
    3. The Reel Athletes Services contain Content of The Reel Athletes, Inc. ("The Reel Athletes, Inc. Content"). The Reel Athletes, Inc. Content is protected by copyright, trademark, patent, trade secret and other laws, and The Reel Athletes, Inc. owns and retains all rights in the The Reel Athletes, Inc. Content and the The Reel Athletes Services. The Reel Athletes, Inc. hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the The Reel Athletes, Inc. Content (excluding any software code) solely for your personal use in connection with viewing the The Reel Athletes, Inc. Website and using the The Reel Athletes Services.
    4. The Reel Athletes, Inc. Services contain Content of Users and other The Reel Athletes, Inc. 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 The Reel Athletes Services.
  7. Content Posted.
    1. The Reel Athletes, Inc. may delete any Content that in the sole judgment of The Reel Athletes, Inc. violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Although we will act promptly upon notified of violations to our policies, The Reel Athletes, Inc. assumes no responsibility for monitoring the The Reel Athletes Services for inappropriate Content or conduct. If at any time The Reel Athletes, Inc. chooses, in its sole discretion, to monitor the The Reel Athletes Services, The Reel Athletes, Inc. nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the The Reel Athletes Services, and any material or information that you transmit to other Members and for your interactions with other Users. The Reel Athletes, Inc. does not endorse and has no control over the Content. Content is not necessarily reviewed by The Reel Athletes, Inc. prior to posting and does not necessarily reflect the opinions or policies of The Reel Athletes, Inc. The Reel Athletes, Inc. 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 Members.
  8. 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 The Reel Athletes Services. The Reel Athletes, Inc. reserves the right to investigate and take appropriate legal action against anyone who, in The Reel Athletes, Inc.'s sole discretion, violates this provision, including without limitation, removing the offending communication from the The Reel Athletes Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of The Reel Athletes, Inc.:
    1. is patently offensive and 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 without the permission of their parent or guardian and for purposes other than to provide them with the opportunity to gain admission into college, a legitimate athletic program or another form of higher education or legitimate activity for student athletes;
    6. provides any telephone numbers, street addresses, last names, URLs or email addresses except as authorized by The Reel Athletes, Inc. for the purposes of establishing a link between an athlete and a coach or recruiter;
    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, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    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

    The following is a partial list of the kind of activity that is illegal or prohibited on the The Reel Athletes, Inc. Website and through your use of the The Reel Athletes Services. The Reel Athletes, Inc. reserves the right to investigate and take appropriate legal action against anyone who, in The Reel Athletes, Inc.'s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

    1. 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;
    2. advertising to, or solicitation of, any Member to buy or sell any products or services through the The Reel Athletes Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the The Reel Athletes Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, The Reel Athletes, Inc. reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which The Reel Athletes, Inc. deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the The Reel Athletes Services, you acknowledge that you will have caused substantial harm to The Reel Athletes, Inc., but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay The Reel Athletes, Inc. $100 for each such unsolicited email or other unsolicited communication you send through the The Reel Athletes Services;
    3. covering or obscuring the banner advertisements on your personal profile page, or any The Reel Athletes, Inc. page via HTML/CSS or any other means;
    4. any automated use of the system, such as using scripts to add friends or send comments or messages;
    5. interfering with, disrupting, or creating an undue burden on the The Reel Athletes Services or the networks or services connected to the The Reel Athletes Services;
    6. attempting to impersonate another Member or person;
    7. copying the code for your The Reel Athletes, Inc. Video Player and embedding it into other profiles or asking other Members to embed it into their profiles;
    8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    9. selling or otherwise transferring your profile;
    10. using any information obtained from the The Reel Athletes Services in order to harass, abuse, or harm another person;
    11. 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 The Reel Athletes Services on behalf of that person, such as placing commercial content on your profile, posting BLOGS or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
    12. using the The Reel Athletes Services in a manner inconsistent with any and all applicable laws and regulations.
  9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of The Reel Athletes, Inc. to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to The Reel Athletes, Inc. 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 The Reel Athletes 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 The Reel Athletes 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. The Reel Athletes, Inc.'s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, The Reel Athletes, Inc., PO Box 20346, Raleigh, NC 27619. Facsimile: (919) 790-5396; Attn: Copyright Agent; and email: privacy@thereelathletes.com, subject "copyright".
  10. Member Disputes. You are solely responsible for your interactions with other The Reel Athletes, Inc. Members. The Reel Athletes, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
  11. Privacy. Use of the The Reel Athletes Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  12. Disclaimers. The Reel Athletes, Inc. is not responsible for any incorrect or inaccurate Content posted on the The Reel Athletes, Inc. Website or in connection with the The Reel Athletes Services, whether caused by Users of the The Reel Athletes Services or by any of the equipment or programming associated with or utilized in the The Reel Athletes Services. Profiles created and posted by Members on the The Reel Athletes, Inc. Website may contain links to other websites. The Reel Athletes, Inc. 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 The Reel Athletes, Inc.. Inclusion of any linked website on the The Reel Athletes Services does not imply approval or endorsement of the linked website by The Reel Athletes, Inc. When you access these third-party sites, you do so at your own risk. The Reel Athletes, Inc. takes no responsibility for third party advertisements which are posted on this The Reel Athletes, Inc. Website or through the The Reel Athletes Services, nor does it take any responsibility for the goods or services provided by its advertisers. The Reel Athletes, Inc. is not responsible for the conduct, whether online or offline, of any User of the The Reel Athletes Services. The Reel Athletes, Inc. 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 User or Member communication. The Reel Athletes, Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the The Reel Athletes 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 The Reel Athletes Services. Under no circumstances shall The Reel Athletes, Inc. be responsible for any loss or damage, including personal injury or death, resulting from use of the The Reel Athletes Services, attendance at a The Reel Athletes, Inc. event, from any Content posted on or through the The Reel Athletes  Services, or from the conduct of any Users of the The Reel Athletes Services, whether online or offline.  The Reel Athletes Services are provided "AS-IS" and as available and The Reel Athletes, Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Reel Athletes, Inc. cannot guarantee and does not promise any specific results from use of the The Reel Athletes Services.
  13. Limitation on Liability. IN NO EVENT SHALL THE REEL ATHLETES, 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 THE REEL ATHLETES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE REEL ATHLETES, 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 THE REEL ATHLETES, INC. FOR THE REEL ATHLETES SERVICES DURING THE TERM OF MEMBERSHIP.
  14. U.S. Export Controls. Software available in connection with the The Reel Athletes Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the The Reel Athletes Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  15. Disputes. If there is any dispute about or involving the The Reel Athletes Services, you agree that the dispute shall be governed by the laws of the State of North Carolina, 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 the State of North Carolina, Raleigh.  Either The Reel Athletes, Inc. or you may demand that any dispute between The Reel Athletes, Inc. and you about or involving the The Reel Athletes Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Raleigh, North Carolina, USA, provided that the foregoing shall not prevent The Reel Athletes, Inc. from seeking injunctive relief in a court of competent jurisdiction.
  16. Indemnity. You agree to indemnify and hold The Reel Athletes, Inc. its subsidiaries, and affiliates, and their respective officers, agents, 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 The Reel Athletes 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 The Reel Athletes, Inc. Website or through the The Reel Athletes Services causes The Reel Athletes, Inc. to be liable to another.
  17. Other. This Agreement is accepted upon your use of the The Reel Athletes, Inc. Website or any of the The Reel Athletes Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and The Reel Athletes, Inc. regarding the use of the The Reel Athletes, Inc. Services. The failure of The Reel Athletes, Inc. 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. 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: privacy@thereelathletes.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

 

  

 

 
 
 

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