Terms of Service
Last Updated: June 28, 2010
Thank you for visiting the HighSchoolSports.net website, a service of Schedule Star LLC ("Schedule Star," "we," "us," or "our").
By using this website, you agree to be bound by these Terms of Service and to use the site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the site, or to products and services that we make available to you through the site ("Supplemental Terms"), all of which are deemed part of these Terms of Service. Accessing this site, in any manner, whether automated or otherwise, constitutes use of the site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of this site from time to time, in which case we will post the revised Terms of Service on this website and update the "Last Updated" date to reflect the date of the changes. By continuing to use the site after we post any such changes, you accept the Terms of Service, as modified.
We also reserve the right to deny access to the site or any features of the site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
Rights and Restrictions Relating to Site Content
Your Limited Right to Use Site Materials.
This website and all the materials available on the site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. This site is provided solely for your personal noncommercial use. You may not use the site, or any materials, products or services made available on the site, in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or any Supplemental Terms, or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the site. You may, however, from time to time, download and/or print one copy of individual pages of the site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Also, colleges, universities and other institutions of higher education that are making authorized use of "The College Solution" software tool developed by GamePlan Technologies may use that tool to download video content from "The Bleachers" section of this website, and may view, copy, modify, transmit, display, republish, and create derivative works based on such downloaded content solely for the purposes of furthering the recruitment efforts of the institution; provided that any such use must be internal to the institution and must be non-commercial (i.e., the content may not be used in a manner that results in any financial gain to the institution or any third party). For information about requesting permission to otherwise reproduce or distribute materials from the site, please contact us.
You may not modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us or our licensors in providing this site (including, but not limited to, any source code used by us in providing the "Stats" team and event management tool (also referred to as "The Coaches Clipboard" tool), and any source used by us or our service providers in providing the photo- and video-upload tools related to "The Bleachers" and "The Film Room" sections of this site).
Our Right to Use Materials You Submit or Post.
When you submit or post any material via the site, you grant us the rights, and agree to the additional terms, set forth below in this section, except that, if Supplemental Terms are presented to you when you submit or post such material, or were presented to you the first time you used the particular feature, service or tool on our site through which you are submitting your material (such as, for example, when you use photo- and video-upload tools related to "The Bleachers" and "The Film Room" sections of this site), you also grant us any additional rights set forth in such Supplemental Terms. If any such Supplemental Terms conflict with any of the terms set forth below, the conflicting Supplemental Terms will control.
You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose, any and all materials that you submit or post via the site, without compensation to you. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the site, in cluding content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.
Limitations on Linking and Framing.
You are free to establish a hypertext link to our site so long as the link does not state or imply any sponsorship of your website or service by us or by our site. However, you may not, without our prior written permission, frame or inline link any of the content of our site, or incorporate into another website or other service any of our material, content or intellectual property.
Limitations on Use of Associated Press Materials.
Some of the material available on this Site is provided by the Associated Press. By using this Site you agree and acknowledge that (1) you will not publish, display, broadcast, or rewrite for broadcast or publication, or redistribute, directly or indirectly in any medium, any Associated Press text, photo, graphic, audio, and/or video material; and (2) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions in its materials or in the transmission or delivery of all or any part of its materials, or for any damages arising from any of the foregoing. In addition to those set forth in this paragraph, the Associated Press may impose other terms and conditions on the use of its materials. Please click here for more information.
Registration, User Profile and Account Information
To access and use certain features of our site, such as event schedule and change notifications, event score notifications, discussion forums and blogs, photo-sharing and video-sharing pages or social networking features, you may be required to become a registered user of the site or to complete a registration form for the particular service or feature being accessed. Such registration may require you to provide personally identifying information such as your name, mailing address, date of birth and/or email address, or demographic information such as your gender, zip code and/or country of residence.
If you become a registered user of the site, you will be required to provide your first and last name, a valid email address, your gender and your date of birth, and will be required to create a password. Once registered as a site user, you can elect to provide additional information that will be associated with your account and your user profile, including your mailing address, a cell phone number to receive text messages, or your Twitter account information to receive Twitter updates.
You agree to provide true, accurate, current and complete information about yourself as prompted by any registration form(s) presented to you via this website. And your registration, profile and account information must describe you, an individual person. You may not sell, share or otherwise transfer any registration information submitted, or any account or user profile created, via this site. If we have reasonable grounds to suspect that any registration, profile or account information that you have provided is untrue, inaccurate, or incomplete, or does not describe you, an individual person, or that your account has been improperly shared or transferred, we have the right to suspend or terminate the applicable registration, profile or account and to refuse any and all current or future use of the site (or any portion thereof). Our use of any information you provide to us as part of a registration process is governed by the terms of our Privacy Policy.
Responsibility for Your Username and Password
To access and use certain features of our site, you may need to create a username and password as part of the registration process described above. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate.
You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. To protect against unauthorized access to your account, be sure to log out when you finish using the site. Do not disclose your password to any third party. If you believe your account or password has been compromised for any reason, you should immediately change your password by logging into your account and accessing the "Change Password" feature.
You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Responsibility for User-Provided Content
This site may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages (including "The Bleachers" and "The Film Room" sections of the site), email services and social networking features that allow users to provide feedback to us and to interact with each other on the site and post content and materials for display on the site. This site also may include other features, such as email services, that allow users to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you have read and agree to abide by our Community Rules; (ii) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of anyone pictured in or appearing in any material you post or submit, (iv) that the materials do not and will not violate any local, state, national or international laws or regulations, and do not and will not violate the rights of, or cause injury to, any person or entity; (v) that the materials do not and will not violate any credentials issued to you in connection with the event (if any) that your materials relate to or depict, or any terms or conditions applicable to event ticket holders; and (vi) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives, contractors, service providers and licensors, from and against any liability of any nature arising out of related to any content or materials displayed on or submitted via the site by you or by others using your username and password. You also grant us a license to use the materials you post or submit via such features, as described above under the header "Rights and Restrictions Relating to Site Content."
Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages, and other areas on the site through which users can supply information or material, or sent via any email services that are made available via the site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the site.
You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages, or other areas of the site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
Online Commerce
This site may (now or in the future) offer the ability to purchase one or more products or services offered by us or by third parties. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the site. You agree to only to make purchases for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. You agree to purchase services or products through the site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services that are provided to you by third party merchants. If you make a purchase from a third party via our site, or on a third-party website that you have accessed via a link on our site, the information obtained during your visit to that third party’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, an d/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase or use of any products or services made available by third parties through our site.
Limitation on Use of Company Directories
The information contained in any company directories that may be provided on the site is provided for business lookup purposes and is not to be used for marketing or telemarketing purpose. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.
Privacy
We respect the privacy of the users of our site. Please take a moment to review our Privacy Policy.
Modifications to, or Discontinuation of, the Site
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the site or any portion thereof.
Disclaimers
Throughout our site, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the site or on websites linked to by us on the site.
A portion of the information contained on our site is created by site users. While we urge users to post only accurate information, we cannot guarantee that user postings are accurate, and we make no assurances or representations as to the veracity of our users or the quality of the information posted to our site. We urge you to use common sense and good judgment in deciding whether to rely on the information contained on our site. You agree that you must personally evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of that content.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
This site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Your interactions with companies, organizations and/or individuals found on or through our site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnification
You agree to indemnify and hold harmless us, our parent company and affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the site, violation of these Terms of Service by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
Suspension and Termination of Access
You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the site, or any part of the site, and remove and discard any materials that you submit to the site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the site, or any removal of any materials that you have submitted to the site. In the event that we suspend or terminate your access to and/or use of the site, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Gannett Co., Inc., 7950 Jones Branch Drive, McLean, VA 22107, Attn: K. Jaske, or by email to kjaske@gannett.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the site.
Other
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern. This agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Service are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the site or these Terms of Service must be filed by you within one year after such claim or cause of action arose or be forever barred.
