Welcome to the application or website of UP17, which is owned and operated by SCE Sports, LLC (“Company,” “we” or “us”). The following terms and conditions set forth in this agreement, together with any documents they expressly incorporate by reference (collectively, the “Agreement”), govern your access to and use of the application known as UP17, the website www.UP17app.com and the mobile version of the website (collectively, the “Site”), including any and all Site-related services, products and content (collectively, the “Service”), whether as a guest or a registered user.
We reserve the right at any time to change: (i) the terms and conditions of this Agreement; (ii) the Service, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data of the Service; (iii) any fees or charges, if any, related to the use of the Service; and (iv) the equipment, hardware or software required to use and access the Service.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site. Your continued use of the Site or Service after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure you are familiar with the most current version of this Agreement.
IF YOU ARE A PARENT OR GUARDIAN AND YOU ARE PROVIDING YOUR CONSENT TO YOUR CHILD’S REGISTRATION TO USE THE SITE AND SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
USE OF CONTENT
The Site is only for personal use. You may not use the Site or Service for commercial purposes or in any way that is unlawful, or harms us or any other person or entity. You understand and agree, however, that you are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fees related thereto.
USERS AND REGISTRATION
In order to access the Site and use the Service for any purpose, you must register for an account (“Account”) with us. If you are under the age of 13, we first seek your parent’s or guardian’s consent by email before providing you with full access to the Site.
If you are under 13, we will ask you only to provide the first name and email address of your parent/guardian. Subsequently, we will seek consent directly from your parent/guardian via a method called Email-Plus, a procedure that is designed to protect the privacy of children and to comply with the Children’s Online Privacy Protection Act (COPPA) and related rules.
If we do not receive parental consent within a reasonable time, we will delete the parent/guardian contact information we received from you.
If your parent/guardian provides consent, we will send a confirmation email confirming their consent and advising them how they can revoke their consent. As part of the registration process, your parent/guardian will be required to indicate his or her acceptance of all the terms and conditions of this Agreement. If your parent/guardian does not agree to all the terms and conditions of this Agreement, you may not sign up for an Account and you shall not have the right to use the Service.
You will be asked to choose an email address and password for your Account. You will be responsible for the use of your email address and password and agree not to transfer your right to use or access the Service via your email address or password to any third person, except to your parent/guardian.
FOR PARENTS AND GUARDIANS, YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR CHILD’S EMAIL ADDRESS AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR CHILD’S ACCOUNT.
You agree at all times to (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Service.
CODE OF CONDUCT
While using the Service you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service. While using the service, you agree not to:
- post anything that (i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) otherwise harms or can reasonably be expected to harm any person or entity;
- post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; or
- post anything that infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation.
- post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
- post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Service;
- download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement; and
- attempt to obtain and use a password or other private account information from any user of the Service.
We cannot and do not assure that other users are or will be complying with the foregoing Code of Conduct or any other provisions of this Agreement, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
For parents/guardians, you agree that you are entirely liable for all activities conducted through the Account, and are responsible for ensuring that you are and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Company rules and policies. You shall at all times be responsible and liable for all Site-related activities conducted by your child. We hereby disclaim any and all responsibility and liability for any unauthorized use of your Account.
As a user of the Site and Service, you will have the opportunity to upload to your Account videos and other materials that are covered by intellectual property rights (collectively, “Materials”) that you have created. The Materials may contain personal information (e.g., images or voices). The Materials may be viewed by us, as well as by others for the purposes of providing pitching, hitting, fielding and other coaching and instructional feedback to you. By using the Service, you hereby grant us the non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the Materials that you upload on the Site in connection with the fulfillment of the Services. This license ends when you terminate your Account.
CLAIMS OF COPYRIGHT INFRINGEMENT
In order to protect the intellectual property of others from misuse we ask you to help us. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the Site infringe your copyright, please provide us with a notice of infringement (“Notice”) containing the following information:
- an electronic or physical signature of the owner of the copyright or 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 including the specific location on the Site where the material that you claim is infringing is located, including enough information to allow us to locate the material and to determine why you believe an infringement has taken place;
- a description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL where it is posted or the name of the book in which it has been published;
- your address, telephone number, and e-mail address;
- a 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; and
- a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our representative for Notice of claims of copyright infringement can be reached at firstname.lastname@example.org.
If you believe that a Notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed under the DMCA. Be aware that there can be penalties for false claims under the DMCA. We will terminate access to the Site or Service for those who engage in acts of infringement.
LIABILITY AND WARRANTY DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE AND ANYONE WHO HELPED US TO CREATE, PRODUCE, DELIVER, OR MAINTAIN THE SITE HEREBY DISCLAIM LIABILITY FOR ANY AND ALL INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES AND ATTORNEYS’ FEES ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE, SERVICE OR MATERIALS, INCLUDING BUT NOT LIMITED TO CHALLENGES OR ACTIONS FOR INFRINGEMENT, INVASION OF PRIVACY, LIBEL, AND SLANDER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICE, OR MATERIALS IS TO STOP USING THE SITE, SERVICE, OR MATERIALS AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE.
FURTHER, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT TO THE EXTENT A WARRANTY MAY NOT BE DISCLAIMED OR WAIVED UNDER APPLICABLE LAW. COMPANY AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE NUMBER OF TIMES THAT VIDEO CONTENT MAY BE VIEWED ON OUR SERVERS AND YOU ACKNOWLEDGE THAT SUCH NUMBER MAY BE LIMITED IN OUR SOLE DISCRETION.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, SERVICE AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF COMPANY OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND THE SERVICE ARE ENTIRELY AT YOUR OWN RISK.
Upon our request, you agree to indemnify and hold us harmless from all liabilities, claims, losses and expenses, including attorneys’ fees, which arise directly or indirectly from any breach of this Agreement for which you are responsible, or from your use of this Service or transmission of any Materials through this Site.
OWNERSHIP AND RESTRICTIONS ON USE
The Site is owned and operated by Company in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site (including but not limited to all images, graphics, audio clips, video clips, text and other materials provided on this Site that may be protected by copyright or trademark law as the intellectual property of Company or its vendors) in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
The Site and Service are solely directed to individuals residing in the United States. We make no representation that the Site or Service are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the access or availability of the Site or the provision of the Service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
If you believe that your Account security has been compromised, you can contact us at email@example.com. If an account has been stolen, hacked, or in any other way compromised, we may suspend the account while we investigate. We apologize for any inconvenience that this may cause, and we will complete the investigation in as timely a manner as possible. Once our investigation is complete, we will determine the appropriate course of action. If we find someone who is involved with hacking or theft of accounts, we may take all action deemed appropriate in our discretion, including banning all of their accounts.
This Agreement shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate this Agreement or your access to and use of the Site or Service or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement, your right to use the Site and Service shall immediately cease.
HOW TO CONTACT US
If you need to contact us regarding the Site, Service or this Agreement, please e-mail us at firstname.lastname@example.org. You can also contact us by writing to our mailing address at UP17 (SCE Sports, LLC), 59 Wolf Rd., 2nd Floor, Albany, NY 12205.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the websites of the Electronic Frontier Foundation, http://www.eff.org, and America Links Up, http://www.netparents.org.
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of New York, located in New York, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is constitutes the entire agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements between us. This Agreement is not assignable, transferable or sublicensable by you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
LAST MODIFIED: 5-10-17