SportsBeat.com - The High School Athlete's Social Network

My Sports Beat Terms and Conditions:

This document sets forth the Terms and Conditions that must be adhered to by any user of or third party using http://mysportsbeat.com (MSB). By using or accessing MSB, you agree and consent to the Terms and Conditions outlined herein by Social Sports Network Corp (SSNC).

Privacy

SSNC acknowledges that it handles personal information and user privacy is of the utmost importance to us. Please take several moments to read our privacy policy, and keep it in mind when using MSB.

Sharing Content and Information

Any and all information that you post to MSB is owned by you and you ultimately have control over how it is shared through your Profile and Privacy Settings. With that in consideration:

By posting and publishing information to MSB, you grant us non-exclusive, transferable, sub-licensable, royalty free license to use an intellectual property content that you post on or in connection with MSB. This remains in effect until you delete your intellectual property content, unless however it has already been shared with others and they have not deleted. It is understood that all deleted content will remain in MSB files for a reasonable amount of time.
When you publish content to the public, you are acknowledging that anyone, on MSB or off it will have access to and use that information and associate it with you.
Any information, feedback, or suggestions shared with MSB will be viewed as a compensation-free communication to help better the MSB user experience.

Safety

Safety is extremely important to us, and we take necessary precautions to keep MSB safe, but there is no guarantee. Users are expected to live up to a certain code of conduct or risk termination from the site. User commitment to safety is outlined as such:

You will not send SPAM on MSB.
You will not use unauthorized hardware or software to collect user's content or information without permission.
You will not upload viruses to MSB.
You will not make any attempt to misrepresent yourself as another user.
You will not engage in unlawful business acts, pyramid schemes, etc on MSB.
You will not use vulgar language.
You will not harass, intimidate, or cyber-bully other users.
You will not post comment that is hateful, threatening, violent, or pornographic.
You will not promote the use of drugs or alcohol.
You will not violate or encourage the violation of the Terms and Conditions outlined in this document.

** If you feel that any of the above mentioned terms have been violated please contact us.

Registration and Account Security

It is important to us that MSB maintains its integrity by ensuring that real names and information is provided by its users. Upon creation of your profile, you are stating that all of the following is true:

You have created an account solely for yourself with correct and accurate information.
You will not create more than one personal profile.
If user privileges are revoked, you will not attempt to create a new account or regain access to MSB without express consent from MSB.
MSB is COPPA Compliant and its users agree that they will not attempt to create a profile if under the age of 13.
You will never grant access to your account to others.

Protecting the Rights of Others

You will not make any posts to MSB that violate any laws or other person's rights.
MSB is monitored frequently and we reserve the right to remove material that we deem inappropriate.
- You hold the right to appeal to MSB if you feel that your content has been removed by mistake or for unwarranted purposes.
You will not misrepresent yourself as a MSB Administrator to attempt to gain information from users.

** Violating the rights of others will result in termination of your account.

Equipment

SSNC is not responsible for providing or maintaining any equipment (computer, mobile device, etc...)needed to access MSB, nor will it be held accountable if user is unable to gain access to MSB due to insufficient equipment.

Mobile Access

While access to MSB's mobile site is offered to all users for free, you are still subject to your mobile carrier's data fees and charges.
You will keep your mobile contact information up-to-date and current at all times, if you have a mobile number aligned with your account.

Advertisements and Commercial Content

We strive to ensure that all ads delivered on MSB are valuable and relevant to both the user and the advertiser. In order to maintain this, you agree to keep your profile information accurate and current at all times. We also hold ourselves and our advertisers to a high standard and have outlined some provisions applicable to advertisers on MSB:

Advertisers will be forthright about their brand and product when applying for advertising space on MSB.
Advertisers will be specific with the type and quantity of advertising, and will be able to provide it when ad space becomes available.
Advertisers have the ability to request that their ads are viewed by a certain demographic. MSB will do its best to honor these requests, but no guarantees are offered in this regard.
Advertisements will be paid for in accordance with each individual contract.
Advertiser's ads will run in accordance to the contract until completion.
- MSB reserves the right to terminate a contract at any time for any reason.
We can use any ad seen on MSB for MSB promotional materials.
You will not make any public statements or issue any press release that mentions MSB without the express written consent from us.

Disputes

You will resolve any claim, cause of action or dispute (claim) you have arising out of or relating to these Terms and Conditions of MSB exclusively in a state or federal court located in Orange County, California. The laws of the State of California will govern these Terms and Conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Orange County, California for the purpose of litigating such claims.
If anyone brings a claim against us related to your actions, content or information on MSB, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP MSB UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MSB AS-IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS OFR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MSB WILL BE SAFE OR SECURE. MSB IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIM YOU HAVE AGAINST SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE§1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MSB, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MSB WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MSB'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITED BY APPLICABLE LAW.

Digital Millennium Copyright Act

Social Sports Network Corp. owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via MSB by third parties not within the control of SSNC. It is our policy not to permit materials known by us to be infringing to remain on this site. If a user is a copyright owner or an agent thereof and believe that any other User Content, or other content, infringes upon User's copyrights, User may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, as amended (the "DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) the 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 User Content, or other content, 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 User, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the User Content, or other content, 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 User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the DMCA 17 U.S.C. 512 (c), SSNC has designated its agent ("Agent") for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the MSB Web site. The Agent contact information is: Social Sports Network Corp. 4540 Campus Drive, Suite 111, Newport Beach, CA 92660, email: legal@mysportsbeat.com.
For purposes of clarification, solely DMCA notices should go to the Agent; all other feedback, comments, requests for technical support, and other communications should be directed as set forth at the end of this Agreement. User expressly acknowledges that if User fails to comply with all of the requirements of this Section, User's DMCA notice may not be valid.
If User believes that User's User Content, or other content, that has been removed (or to which access was disabled) is not infringing, or that User has authorization from the actual copyright owner, the copyright owner's agent, or pursuant to law, to submit, post and make use of such User Content, or other content, User may send a counter-notice containing the following information to the Agent: (i) User's physical or electronic signature; (ii) identification of the User Content, or other content, that has been removed or to which access has been disabled and the location at which the User Content, or other content appeared on MSB prior to the point at which such User Content, or other content, was removed or disabled; (iii) a statement that User has a good faith belief that the User Content, or other content, was removed or disabled as a result of mistake or a misidentification of the User Content, or other content; and (iv) User's name, address, telephone number, and, if available, an electronic mail address, a statement that User consents to the jurisdiction of the federal court in Orange County, CA, and a statement that User will accept service of process from the party that provided notification of the alleged infringement.
If a counter-notice is received by the Agent, MSB may send a copy of such counter-notice to the original complaining party informing such party that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MSB's sole discretion.
MSB suggests that you consult your legal advisor before filing a notice or counter-notice. Please also be aware that there can be penalties for false claims under the DMCA

Important Notes

This statement supersedes any prior Terms and Conditions.
If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of these Terms and Conditions, it will not be considered a waiver.
Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.
You may not transfer any of your rights or obligations as laid out herein.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing MSB.

MSB Contact Information

If you have any questions or concerns, you can reach us via any of the following channels:

Social Sports Network Corp.
4540 Campus Drive, Suite 111
Newport Beach, CA 92660

Telephone: (855)467-2328
Facsimile: (866)495-5840

privacy@mysportsbeat.com - for any issues regarding our Privacy Policy

legal@mysportsbeat.com - for any legal or Digital Millennium Copyright Act issues

abuse@mysportsbeat.com - if you suspect abuse of MSB by other users such as spam or bullying

support@mysportsbeat.com - for any other issues related to the site