Terms of Usage
Aspiring Athletes ("AA") operates this Site to provide online access to
information about Aspiring Athletes and the products, services, and opportunities
we provide (the "Service"). By accessing and using this Site, you
agree to each of the terms and conditions set forth herein ("Terms of Use").
Additional terms and conditions applicable to specific areas of this Site or to
particular content or transactions are also posted in particular areas of the Site
and, together with these Terms of Use, govern your use of those areas, content or
transactions. These Terms of Use, together with applicable additional terms and
conditions, are referred to as this "Agreement".
Aspiring Athletes reserves the right to modify this Agreement at any time without
giving you prior notice. Your use of the Site following any such modification constitutes
your agreement to follow and be bound by the Agreement as modified. The last date
these Terms of Use were revised is set forth below.
Table of Contents
1. Use of Site
2. Copyright
3. Trademarks
4. Links to Third-Party Web Sites
5. Linking to this Site
6. Downloading Files
7. Software
8. Disclaimer of Warranties
9. Limitation of Liability
10. Indemnification
11. Privacy
12. Additional Terms of Service
13. User Conduct
14. Unsolicited Idea Submission Policy
15. User Supplied Information
16. Password Security
17. General Provisions
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or
other works that you see, hear or otherwise experience on the Site (singly or collectively,
the “Content”) solely for your non-commercial, personal purposes and/or
to learn about Aspiring Athletes products and services. No right, title or interest
in any Content is transferred to you, whether as a result of downloading such Content
or otherwise. Aspiring Athletes reserves complete title and full intellectual property
rights in all Content. Except as expressly authorized by this Agreement, you may
not use, alter, copy, distribute, transmit, or derive another work from any Content
obtained from the Site or the Service, except as expressly permitted by the Terms
of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and
belong to Aspiring Athletes or its partners, affiliates, contributors or third parties.
The copyrights in the Content are owned by Aspiring Athletes or other copyright
owners who have authorized their use on the Site. You may download and reprint Content
for non-commercial, non-public, personal use only. (If you are browsing this Site
as an employee or member of any business or organization, you may download and reprint
Content only for educational or other non-commercial purposes within your business
or organization, except as otherwise permitted by Aspiring Athletes, for example
in certain password-restricted areas of the Site). With the exception of the
Sample Images, you may not manipulate or alter in any way images or other Content
on the Site.
2.1 Sample Pictures
Aspiring Athletes has included Sample Pictures on certain pages within the Site,
to demonstrate the capability of certain cameras and other products. You may download,
reprint and manipulate the Sample Images for this purpose, but you may not crop
or change the composition of the image, or use the image for commercial purposes.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the
Site without permission from the trademark owner, except as permitted by applicable
law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as
a convenience to you. If you use these links, you will leave the Site. Such links
do not constitute or imply an endorsement, sponsorship, or recommendation by Aspiring
Athletes of the third party, the third-party web site, or the information contained
therein. Aspiring Athletes is not responsible for the availability of any such web
sites. Aspiring Athletes is not responsible or liable for any such web site or the
content thereon. If you use the links to the web sites of Aspiring Athletes affiliates
or service providers, you will leave the Site, and will be subject to the terms
of use and privacy policy applicable to those web sites.
5. Linking to this Site
If you would like to link to the Site, you must follow Aspiring Athletes’s
link guidelines. Unless specifically authorized by Aspiring
Athletes, you may not connect “deep links” to the Site, i.e, create
links to this site that bypass the home page or other parts of the Site. You may
not mirror or frame the home page or any other pages of this Site on any other web
site or web page.
6. Downloading Files
Aspiring Athletes cannot and does not guarantee or warrant that files available
for downloading through the Site will be free of infection by software viruses or
other harmful computer code, files or programs.
7. Software
Any software available for download via the Site is the copyrighted work of Aspiring
Athletes and/or its licensors. Use of such software is governed by the terms of
the end user license agreement that accompanies or is included with the software.
Downloading, installing, and/or using any such software indicates your acceptance
of the terms of the end user license agreement.
8. Disclaimer of Warranties
ASPIRING ATHLETES MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. Aspiring Athletes
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE,
THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE.
ASPIRING ATHLETES DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN
THE SITE OR THE SERVICE WILL BE CORRECTED. ASPIRING ATHLETES DOES NOT WARRANT THE
ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL
BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL Aspiring Athletes BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING,
BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE,
THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED
BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE
SERVICE, OR THE CONTENT, EVEN IF Aspiring Athletes HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT,
OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH
STATES, ASPIRING ATHLETES' LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO
THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
10. Indemnification
You understand and agree that you are personally responsible for your behavior on
the Site. You agree to indemnify, defend and hold harmless Aspiring Athletes, its
parent companies, subsidiaries, affiliated companies, joint venturers, business
partners, licensors, employees, agents, and any third-party information providers
to the Service from and against all claims, losses, expenses, damages and costs
(including, but not limited to, direct, incidental, consequential, exemplary and
indirect damages), and reasonable attorneys' fees, resulting from or arising out
of your use, misuse, or inability to use the Site, the Service, or the Content,
or any violation by you of this Agreement.
11. Privacy
Click
here to see Aspiring Athletes's Privacy Policy.
12. Additional Terms of Service
Not applicable at this time.
13. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action
that might compromise the security of the Site, render the Site inaccessible to
others or otherwise cause damage to the Site or the Content. You agree not to add
to, subtract from, or otherwise modify the Content, or to attempt to access any
Content that is not intended for you. You agree not to use the Site in any manner
that might interfere with the rights of third parties.
14. Unsolicited Idea Submission Policy
Aspiring Athletes or any of its employees do not accept or consider unsolicited
ideas, including ideas for new advertising campaigns, marketing strategies, new
or improved products, technologies, services, processes, materials, or new product
names. We have found this policy necessary in order to avoid misunderstandings should
Aspiring Athletes's business activities bear coincidental similarities with one
or more of the thousands of unsolicited ideas offered to us. Please do not send
your unsolicited ideas to Aspiring Athletes or anyone at Aspiring Athletes. If,
in spite of our request that you not send us your ideas, you still send them, then
regardless of what your posting, email, letter, or other transmission may say, (1)
your idea will automatically become the property of Aspiring Athletes, without any
compensation to you; (2) Aspiring Athletes will have no obligation to return your
idea to you or respond to you in any way; (3) Aspiring Athletes will have no obligation
to keep your idea confidential; and (4) Aspiring Athletes may use your idea for
any purpose whatsoever, including giving your idea to others.
However, Aspiring Athletes does welcome feedback regarding many areas of Aspiring
Athletes's existing businesses that will help satisfy customer's needs, and feedback
can be provided through the many listed contact areas on the Site. Any feedback
you provide shall be deemed a Submission under the terms in the User Supplied Information
section above.
15. User Supplied Information
Aspiring Athletes does not want to receive confidential or proprietary information
from you via the Site. You agree that any material, information, or data you transmit
to us or post to the Site (each a "Submission" or collectively "Submissions")
will be considered non confidential and non proprietary. For all Submissions, (1)
you guarantee to us that you have the legal right to post the Submission and that
it will not violate any law or the rights of any person or entity, and (2) you give
Aspiring Athletes the royalty-free, irrevocable, perpetual, worldwide right to use,
distribute, display and create derivative works from the Submission, in any and
all media, in any manner, in whole or in part, without any restriction or responsibilities
to you.
16. Password Security
If you register to become a Aspiring Athletes.com member, you are responsible for
maintaining the confidentiality of your member identification and password information,
and for restricting access to your computer. You agree to accept responsibility
for all activities that occur under your member identification and password.
17. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the
entire agreement of the parties with respect to the subject matter hereof. No waiver
by Aspiring Athletes of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain
typographical errors or other errors or inaccuracies and may not be complete or
current. Aspiring Athletes therefore reserves the right to correct any errors, inaccuracies
or omissions and to change or update the Content at any time without prior notice.
Aspiring Athletes does not, however, guarantee that any errors, inaccuracies or
omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of
this Agreement is determined by a court of competent jurisdiction to be invalid
or unenforceable, it will not impact any other provision of this Agreement, all
of which will remain in full force and effect. Any and all disputes relating to
this Agreement, Aspiring Athletes's Privacy Policy, your use of the Site, any other
Aspiring Athletes web site, the Service, or the Content are governed by, and will
be interpreted in accordance with, the laws of the State of New York, without regard
to any conflict of laws provisions.
d. Claims of Copyright Infringement. Pursuant to Title 17, United
States Code, Section 512(c)(2), notifications of claimed copyright infringement
should be sent to Service Provider's Designated Agent. Contact us to to Makie Claims of Copyright Infringement.
©Copyright 2011 Aspiring Athletes. All rights reserved.