Signing Day Sports, Inc. A Delaware Corporation
This Applications are offered and available to users who are over 13 years of age and reside in the United States or any of its territories or possessions. By using the Applications, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Applications. This Applications are offered and available to users who are over 13 years of age and reside in the United States or any of its territories or possessions. By using the Applications, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Applications.
Accessing the Applications and Account Security
User Requirements and Licenses
You acknowledge and agree that the Applications are provided under license, and not sold, to you. You do not acquire any ownership interest in the Applications under this Agreement, or any other rights thereto other than to use the Applications in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Our Company and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Applications, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
By using the Applications or creating an account, you agree, as condition to your use of the Applications, to pay all fees and charges charged by us for use of the Applications, including any fees set out in the applicable Mobile App store through which a Mobile App is downloaded, any fees of our third party service providers, and any in- app purchases or subscription fees (collectively, the “Fees”). In addition to all other remedies, we reserve the right to terminate or revoke your access to the Applications (including any User Contributions) for failure to pay any and all Fees. If we use a third-party service provider to collect the Fees, you agree to maintain the requisite accounts with such third-party service providers and pay the corresponding transaction charges charged by such persons.
Players – Rights You Grant to Others.
Players – Restrictions on Editing. Some parts of the Applications allow Players to upload responses to interview questions. You, as a Player, understand that your responses to interview questions may not be edited by you and that your responses are intended to capture real-time responses. We reserve, and you hereby grant to us, the right to terminate, modify, archive, or maintain your interview responses in any form, in our discretion. Further, some parts of the Applications allow Players to upload videos of their athletic performance. We reserve, and you hereby grant to us, the right to terminate, modify, archive, or maintain your videos in any form, in our discretion. Coaches – Rights You Receive From Players. Some parts of the Applications allow you (with respect to Coaches) to retrieve or access Performance Data of Players to analyze their performance as an athlete and prospective student of your institution, to use the Performance Data as set out above in the license grant of the Player set forth in the Players – Rights You Grant to Others section above. Unless otherwise expressly permitted by us or the Player:
The Performance Data will be used for your personal, internal use only. You may not use the Performance Data, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity. You may not post or otherwise make the Performance Data available on any other website or application other than our Applications. You may not share, send, sell, sublicense, or transfer the Performance Data to someone else. Each individual user of the Applications must have a separate account with us and pay the corresponding Fees for such account before being permitted to access the Performance Data or use the Applications.
Players and Coaches – Individual and Group Accounts.
Each Player may only be assigned a single user account and license to the Applications that may not be shared with other users or assigned to any other person. Each Player will be responsible for ensuring that all account data is correct and accurate. Each Coach may only be assigned a single user account and license to the Applications that may not be shared with other users or assigned to any other person; provided, that we may, at our discretion, provide an institutional Coach (such as a school or university) with an institutional-level account or license; provided, further, that: Each institutional Coach will be responsible for establishing, maintaining, and tracking an individual sub-account for each individual user of the Coach that accesses the Applications and ensuring that all data for each individual user is correct and accurate. Each institutional Coach will be responsible for paying all Fees for each individual sub-account for each individual user of the Coach that accesses the Applications. We may audit your account, network, or facilities, at our discretion, to ensure that you have maintained the requisite number of user accounts for all users accessing the system and may assess additional Fees and penalties in the event that we determine additional user accounts are needed.
Intellectual Property Rights
The Company name, including the term “Signing Day Sports”, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Applications are the trademarks of their respective owners.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Applications. USER CONTRIBUTIONS SHOULD NOT BE RELIED UPON AS A PREDICTION OF FUTURE RESULTS OR SUITABILITY OF A PARTICULAR PLAYER FOR A POSITION. INSTITUTION. OR PERFORMANCE STANDARD OR THAT A PARTICULAR POSITION, INSTITUTION, OR PLAYING TIME WILL BE MADE AVAILABLE TO A PLAYER. ACCORDINGLY, YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS OR DAMAGES RESULTING FROM ANY ACTION TAKEN, OR NOT TAKEN, IN RELIANCE UPON OR WITH REFERENCE TO ANY USER CONTRIBUTION.
Monitoring and Enforcement; Termination
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Applications. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not review all material before it is posted on the Applications, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions and your use of the Interactive Services must not: Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or promote communications with any user of the Applications (including any Player) of a sexually explicit, solicitous, or pornographic nature.
Be likely to deceive any person. Promote any illegal activity, or advocate, promote, or assist any unlawful act. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person. Impersonate any person, or misrepresent your identity or affiliation with any person or organization. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. Reliance on Information Posted The information presented on or through the Applications is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Applications, or by anyone who may be informed of any of its contents. This Applications may include content provided by third parties, including materials provided by other users, bloggers, and third-party and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Applications
We may update the content on the Applications from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Applications may be out of date at any given time, and we are under no obligation to update such material. Information About You and Your Visits to the Applications
Linking to the Applications and Social Media Features
Links from the Applications
If the Applications contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or applications linked to the Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Geographic Restrictions The owner of the Applications is based in the State of Arizona in the United States. We provide the Applications for use only by persons located in the United States. We make no claims that the Applications or any of their content is accessible or appropriate outside of the United States. Access to the Applications may not be legal by certain persons or in certain countries. If you access the Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Applications infringe your copyright, you may request removal of those materials (or access to them) from the Applications by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. $ 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Applications, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Notices of suspected copyright infringement may be sent to:
Signing Day Sports, LLC
9112 E Verde Grove View
Scottsdale, AZ 85255
If you fail to comply with all of the requirements of Section 512(c) (3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Applications is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy to post any changes we make to our copyright policy on this page. You are responsible for periodically visiting our Website and this copyright policy to check for any changes. Your continued use of the Website after this policy has been updated will constitute your consent to the revised terms of this policy.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, mobile app stores, on your device, or the Applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO THEM. YOUR USE OF THE APPLICATIONS, THEIR CONTENT. AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS IS AT YOUR OWN RISK. THE APPLICATIONS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATIONS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, ACHIEVE INTENDED RESULTS, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OR OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE OR THAT ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THEREFORE, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
BY USING THE APPLICATIONS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING A DATA TOOL ONLY AND THAT THE APPLICATIONS DO NOT INDICATE FUTURE PERFORMANCE OR SUCCESS OF A CANDIDATE, OR OF THE ACCURACY OF INFORMATION ACCESSIBLE THROUGH OR UPLOADED TO THE APPLICATIONS. VERIFICATION OF ALL DATA ON THE APPLICATIONS MUST BE MADE INDEPENDENTLY BY EACH USER. ANY AND ALL COMMUNICATIONS BETWEEN COACHES AND PLAYERS ARE THE RESPONSIBILITY OF THE COACHES AND PLAYERS ONLY, AND NEITHER OUR COMPANY NOR ANY OF OUR AFFILIATES OR REPRESENTATIVES, MAKE ANY CERTIFICATION OR GUARANTEE AS TO THE QUALITY, SUBSTANCE, DURATION, OR EXISTENCE OF SUCH COMMUNICATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE COMPANY OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATIONS FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES: OF (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE LESSER AMOUNT OF (i) THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (li) ONE HUNDRED DOLLARS ($100.00 USD). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO• NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
The Applications are operated by Signing Day Sports, LLC, 9112 E Verde Grove View, Scottsdale, AZ 85255.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Applications should be directed to: email@example.com