Terms and Conditions
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms of your use of ViewMySport.com. By using ViewMySport.com, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the ViewMySport.com website) or you are a “Member” (which means that you have registered with ViewMySport.com). You are only authorized to use the ViewMySport.com website (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. If you do not agree with it, you should leave the ViewMySport.com website immediately.
Prohibited Content and Activities
The following is a partial list of the content and activities that are illegal or prohibited to post on or through ViewMySport.com (VMS). ViewMySport.com reserves the right to investigate and take appropriate legal action against anyone who violates this provision, at VMS’s discretion. This includes without limitation, removing the offending communication and terminating the Membership of such violators. Prohibited Content includes, but is not limited to:
1. Is offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. Harasses or advocates harassment of another member;
3. Exploits people in a sexual or violent manner;
4. Contains nudity, violence, or offensive subject matter;
5. Solicits personal information from anyone under 18;
6. Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8. 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;
9. Solicits passwords or personal information for commercial or unlawful purposes from other Members;
10. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes;
11. 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 ViewMySport.com website. VMS reserves the right to investigate and take appropriate legal action against anyone who, in VMS’s sole discretion, violates this provision. Prohibited activity includes, but is not limited to:
12. Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets;
13. Advertising to, or solicitation of, any Member to buy or sell any products or services through the VMS website. 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 ViewMySport.com in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind, you acknowledge that you will have caused substantial to ViewMySport.com but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay VMS $100 for each such unsolicited email or other unsolicited communication you send;
14. Covering or obscuring the banner advertisements on your personal athlete profile page, or any VMS page via HTML/CSS or any other means;
15. Any automated use of the systems, such as using scripts to add friends or send comments or messages;
16. Interfering with, disrupting, or creating an undue burden on the ViewMySport.com services or networks;
17. Attempting to impersonate another Member or person;
18. Using the account, username, or password of another Member at any time or disclosing your password to a third party or permitting any third party to access your account;
19. Selling or otherwise transferring your athlete resume;
20. Using any information obtained from ViewMySport.com in order to harass, abuse, or harm another person;
21. Displaying an advertisement on your resume, or accepting payment or anything of value from a third person in exchange for your performing any activity on or through ViewMySport.com on behalf of that person, such as placing commercial content on your resume, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
22. Using ViewMySport.com in any manner that is inconsistent with any and all applicable laws and regulations.
Policy of Copyright
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 ViewMySport.com to terminate membership privileges of any Athlete/Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to ViewMySport.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the ViewMySport.com site in a way that constitutes copyright infringement, please provide our us 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 ViewMySport.com; (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. ViewMySport.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: corporate@viewmysport.com.
Privacy Policy
Use of ViewMySport.com is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Athlete/Member Disputes
You are solely responsible for your interactions with other ViewMySport.com Athlete/Members. ViewMySport.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Disclaimers
ViewMySport.com is not responsible for any incorrect or inaccurate content posted on the ViewMySport.com website whether caused by users of ViewMySport.com or by any of the equipment or programming associated with or utilized in this website. Athlete resumes created and posted by Athlete/Members on ViewMySport.com may not contain links to other websites. Inclusion of any linked website on ViewMySport.com does not imply approval or endorsement of the linked website by ViewMySport.com. When you access these third-party sites, you do so at your own risk. ViewMySport.com takes no responsibility for third party advertisements which are posted on this our website, nor does it take any responsibility for the goods or services provided by its advertisers. ViewMySport.com is not responsible for the conduct, whether online or offline, of any User of the website. ViewMySport.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Athlete/Member communication. ViewMySport.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the 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 ViewMySport.com. Under no circumstances shall ViewMySport.com be responsible for any loss or damage, including personal injury or death, resulting from use of the services, attendance at a ViewMySport.com event, from any content posted on or through the website, or from the conduct of any users of ViewMySport.com, whether online or offline. The services are provided "AS-IS" and as available and ViewMySport.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ViewMySport.com cannot guarantee and does not promise any specific results from use of the website’s services.
Liability Limits
IN NO EVENT SHALL VIEWMYSPORT.COM or VIEWMYSPORT, LLC 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 VIEWMYSPORT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VIEWMYSPORT.COM'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 VIEWMYSPORT.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
Disputes
If there is any dispute about or involving ViewMySport.com, you agree that the dispute shall be governed by the laws of the State of Florida, 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 Florida, City of St. Johns. Either ViewMySport.com or you may demand that any dispute between ViewMySport.com and you about or involving the services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in St. Johns, FL, USA, provided that the foregoing shall not prevent ViewMySport.com from seeking injunctive relief in a court of competent jurisdiction.
Indemnity
You agree to indemnify and hold ViewMySport.com, its subsidiaries, and affiliates, and their respective owners, 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 website 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 this website causes ViewMySport.com to be liable to another.
Miscellaneous
This agreement is accepted upon your use of the ViewMySport.com website and is further affirmed by you becoming an Athlete/Member. This agreement constitutes the entire agreement between you and ViewMySport.com regarding the use of the services. The failure of ViewMySport.com to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. ViewMySport.com and ViewMySport is a trademark in its entirety. 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.
If you have any questions concerning these terms and conditions, please email us at: corporate@viewmysport.com