BY SUBSCRIBING TO THIS SITE OR COMPLYING WITH THE STEPS INDICATING AGREEMENT, YOU ("YOU") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS SERVICE AGREEMENT ("AGREEMENT"). YOUR CONTINUED USE OF THE SERVICE SHALL ALSO CONSTITUTE ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT USE THE SERVICE.
1. DESCRIPTION OF SERVICE. This Agreement is a legal contract between you and League United, Inc. (“League United”) that governs your use of League United’s EliteCollegeSports.com service offering (the “Service”). The Service consists of the right of the users of the Service (“Users”) to electronically transmit and retrieve User Data (defined below) into and from our Content (which includes, but is not limited to, the software, schemas, templates, images, audio, associated media, and related documentation and information, collectively, “Content”) maintained and made available to you as part of the Service to which you are being granted access under this Agreement. For purposes of this Agreement, the term “Content” excludes information and all other data entered by Users into the Service in the course of using the Service (collectively, “User Data”).
3. ACCESS & RESTRICTIONS. Subject to the terms of this Agreement, League United hereby grants you a limited, personal, non-sublicensable, non-transferable, nonexclusive license to access the Service through the use of an internet browser. You may not (and shall not allow any other person to): (i) reverse engineer, decompile or disassemble any portion of the Content, except and only to the extent that this limitation is expressly prohibited by applicable law; (ii) license, sublicense, sell, resell, transfer, assign, distribute, provide commercial hosting services with, or otherwise commercially exploit or make available to any third party, the Service or the Content in any way, whether or not for payment or other consideration; (iii) modify or make derivative works based upon the Service or the Content; (iv) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (v) copy any graphics, trademarks, copyrighted, or other proprietary intellectual property of League United. Requests to use of the Content for any purpose other than as permitted in this Agreement should be directed to support@LeagueUnited.com. As between the parties, title, ownership rights, and intellectual property rights in and to the Service.
4. USER DATA. You understand and agree that League United may terminate access to any User Data that in the sole judgment of League United violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any users of the Service. You are solely responsible for the User Data displayed, shared or made accessible (hereinafter, “Shared” or “Sharing”) through the use of the Service. By Sharing any User Data, you hereby grant to League United the non-exclusive, fully paid, worldwide license to publicly perform, publicly display, modify, translate and provide access to such User Data as necessary to operate the Service. You also grant each User a non-exclusive, unlimited, irrevocable, perpetual license to access the User Data through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Data. This license to Users is perpetual as it pertains to User Data received and downloaded by a User through the Service. You represent and warrant that: (i) you own the User Data Shared or otherwise has the right to grant the licenses set forth in this section, and (ii) the User Data does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the Sharing of User Data does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Data Shared. The following is a partial list of the kind of User Data that is illegal or prohibited on the Service and you agree to not Share such User Data. League United reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the access to such offending User Data and terminating your access to the Service. Prohibited User Data includes User Data that: (a) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “phishing” emails, "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; or (g) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses. You agree to use the Service in a manner consistent with any and all applicable laws and regulations. League United, in its sole and absolute discretion, may preserve User Data and may also disclose User Data if required to do so by law or judicial or governmental mandate or as reasonably determined useful to protect the rights, property, or personal safety of the public.
5. COPYRIGHT POLICY. It is the policy of League United to terminate access to the Service to any user that repeatedly infringes copyright upon prompt notification to League United 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 Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; your address, telephone number, and email address; 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; a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement, please send an email to: support@LeagueUnited.com.
6. INDEMNITY. You agree to defend, indemnify and hold harmless League United, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of this Agreement; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that the User Data caused damage to a third party. This defense and indemnification obligation will survive this Agreement.
7. WARRANTY DISCLAIMER. The Service is provided by League United "AS IS" and without warranty of any kind. League United hereby disclaims (to the maximum extent allowed by applicable law) all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, UNAUTHORIZED USE and non-infringement. This disclaimer of warranty constitutes an essential part of this Agreement. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL LEAGUE UNITED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, RESELLERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR (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 THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE, (V) LOST PROFITS (VI) COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE SERVICE. LEAGUE UNITED’ LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY YOU HEREUNDER OR IF NONE PAID TO TEN ($10.00) DOLLARS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF LEAGUE UNITED SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
9. TERM AND TERMINATION. This Agreement shall continue until terminated as set forth in this section. League United may terminate this Agreement immediately if you violate any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. League United reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party. Upon termination of this Agreement for any reason. Sections 6-13 shall survive termination of this Agreement.
10. INTERNATIONAL CONSIDERATIONS. The Service is controlled and offered by League United from its facilities in the United States. All Content and User Data Shared through the Service will flow through servers located in the United States. League United makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. TRADEMARKS. “League United” and its respective design, trademark and logo are trademark of League United, Inc. All other trademarks and/or service marks are the property of their respective owners.
12. AMENDMENTS TO AGREEMENT. League United may from time to time modify this Agreement and post a copy of the amended Agreement at League United Amendments. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Service. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted.
13. LINKS TO THIRD PARTY SITES AND VIRUSES. EliteCollegeSports.com contains links to different Internet sites. These links are not endorsements of any services, products, or companies. Furthermore, information on such site has not been endorsed or approved by League United, Inc. All responsibility or liability for any damages caused by viruses contained within this internet site or in the channels of delivery are disclaimed.
MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remainder of the Agreement shall be in full force and effect. The failure of League United to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit League United’ rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without League United’ consent and any action or conduct in violation of the foregoing shall be void and without effect. League United expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under Delaware law. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Connecticut; you hereby agree to service of process in accordance with the rules of such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.
"League United," "LeagueUnited.com," “mLeagueUnited.com”, “Elite College Sports” and League United logos are trademarks, service marks or registered trademarks of League United Inc. or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of League United or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without League United’s permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of League United, and may not be copied, imitated, or used, in whole or in part, without League United’s prior written permission. All other League United names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by League United.