Inspireum Website User Agreement
Inspireum Soccer Awards™
Last modified: September 1, 2011
This Internet site with its home page at "www.inspireumsoccerawards.com"
(the "Website") is a complimentary information and interactive
community service offered by Inspireum LLC ("Inspireum") at no charge
to users of the Internet, with the express condition that users agree to be
bound by the terms and conditions set forth in this Inspireum Website User
Agreement (the “Agreement”). Inspireum reserves the right to change these terms
and conditions at any time, without notice to you, and you must consult the
most recent version of this Agreement (not an older cached version) each time
you view the Website. Use of this Website constitutes your acceptance of all of
the following terms and conditions, in their current form or as modified.
1. Description of the Awards. The Inspireum Soccer Awards™ (the “Awards”) are designed to honor young soccer players in the United States who inspire
their teammates, schools, families and communities. The Awards measure the size of the player's heart and factor
in such attributes as exemplary character, courage, contribution, and commitment
as members of their team.
2. Management. The Awards are operated by Inspireum
LLC (“Inspireum”), an Oregon company with principal place of business at 1500
NE Butler Market Road, Bend, OR
97701, USA.
3. Description of Services.
Inspireum has collaborated with the Trusted
Sports Foundation (the “Foundation”) which is an independent, 501(c)(3) public
charity. Inspireum provides users
a platform for nominating inspirational soccer players (“Nominees”) and/or
uploading content in the form of written stories, photos, videos, links,
articles, Facebook comments and other digital materials (“Content”) onto a the
Website and in particular to a Nominee’s player profile page (“Player Profile”) on the Website (the
“Service”). Content may be
uploaded electronically by users onto a Player Profile on the Website as well
as deleted at the discretion of the Nominee. Content must be appropriate for
all ages. Inspireum has the right to refuse to post inappropriate Content and
remove any Content at its full discretion. Inspireum has the right to limit the number of videos,
photos, and stories uploaded to a Player Profile. Content uploaded onto the
Player Profile is deemed transferred to Inspireum and will not be returned to
users.
4. Registered
User Account, Password, and Security. Users who wish to create an account on
the Website must also agree to the terms and conditions set forth herein. Users
creating such an account are responsible for maintaining the confidentiality of
the user ID and password, and are fully responsible for all activities that
occur under their account. Inspireum does not retain liability or
responsibility for such use.
5. Limitation
of Liability. Inspireum shall not be liable for any
damages whatsoever and, in particular, Inspireum shall not be liable for any
special, indirect, consequential, or incidental damages, or damages for lost
profits, lost revenue, or loss of use, arising out of or related to this
website or the information contained in it, whether such damages arise in
contract, tort, under statute, in equity, at law, or otherwise, even if Inspireum
has been advised of the possibility of such damages. Some jurisdictions do not
allow for the limitation or exclusion of liability for incidental or
consequential damages, therefore some of the above limitations are
inapplicable.
6. General
Practices Regarding Use and Storage. Users acknowledge that Inspireum may
establish general practices and limits concerning use of the Website, including
without limitation the maximum number of days that Content is retained by the
Website, the maximum disk space allotted on servers for an account and/or
Player Profile, and the maximum duration for which an account can be accessed
in a given period of time. You acknowledge that Inspireum has no responsibility
or liability for the deletion or failure to store any Content maintained or
transmitted by the Website servers. You acknowledge Inspireum has the right to
disable accounts that are inactive for an extended period of time or when fraud
is suspected. You further acknowledge that Inspireum reserves the right to change
these general practices at any time with or without notice.
7. Registered
User Conduct. You understand that all
Content publicly posted on the Website by third parties is the sole
responsibility of the person from which such content originated. This means
that you, and not Inspireum, bear all risks and liabilities for all Content
that you upload, post, email, transmit or otherwise make available via the
Service. You agree to not use the Service to:
a) upload,
post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
b) upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of solicitation. (Posting the same message more than once can be
considered "spam" or "spamming");
c) upload,
post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
d) upload,
post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
e) impersonate
any person or entity, including, but not limited to, an Inspireum official,
forum leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
f) forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
g) intentionally
or unintentionally violate any applicable local, state, national or
international law;
h) "stalk"
or otherwise harass another; or
i) harvest
or otherwise collect or store personal data about other users.
You
acknowledge that Inspireum and its designees shall have the right (but not the
obligation) in their sole discretion to refuse, move, edit, or delete any
Content that is available via the Service. Inspireum and its designees shall have the right to remove
any Content regardless of whether such communication(s) violate this User
Agreement. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
You
acknowledge and agree that Inspireum may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the User Agreement; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of Inspireum, Nominees, its users and the public.
8. User
Submissions/License of Rights. By
submitting Content (including, but not limited to written stories, photos,
videos, Facebook comments) to any part of this Website where such content would
be viewable by the public (e.g. posting on a player profile page, public
forum/bulletin board or public chat or other public communication), you agree
that such submission is non-confidential for all purposes. Any submission of
Content to this Website will be deemed and remain the property of Inspireum.
You grantor warrant that the owner of such Content has expressly granted Inspireum
and any of Inspireum’s respective
licensees, assigns, parents, subsidiaries, divisions, partners, business units
or affiliated entities and each of their respective employees, agents, officers
and directors, a royalty-free, perpetual,
irrevocable, world-wide non-exclusive license to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute, perform
and display the communication or Content in any form of media including but not limited
to the Website, digital media, television, internet, movies, radio, print,
Awards ceremony, video productions or any form, format or forum now known or
hereafter developed (“Media”). User grants Inspireum the right to sub-license the use of the Content to its
partners including but not limited to the Trusted Sports Foundation, Media
partners, youth sports organizations, sponsors, production companies,
advertisers, and nonprofit organizations (“Partners”). User hereby releases Inspireum from
any and all claims, actions, damages, liabilities, losses, costs and expenses
arising out of or resulting from Inspireum’s exercise
of its rights under this paragraph.
9. Modification
of the Service. Inspireum reserves the
right at any time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that Inspireum
shall not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Service.
10. Internet / Website. Inspireum is not responsible for electronic transmission
errors resulting in omission, interruption, deletion, defect, or delay in
operations or transmission. Inspireum is not responsible for inaccurate
transmissions of or failure to display Content submissions on account of
technical problems or traffic congestion on the Internet, the Website or at any
website or any combination thereof. If for any reason the Internet portion of
the Awards is not capable of running as planned, including infection by computer
virus, bugs, tampering, unauthorized intervention, fraud, technical failures,
or any other causes which corrupt or affect the administration, security,
fairness, integrity, or proper conduct of the Awards, Inspireum reserves the
right at its sole discretion to cancel, terminate, modify or suspend the Awards.
11. Termination. You agree that Inspireum, in its sole discretion, may terminate your
password, account (or any part thereof) or use of this Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, if Inspireum believes that you have violated or acted
inconsistently with the letter or spirit of this User Agreement. You agree that
any termination of your access may be effected without prior notice, and
acknowledge and agree that Inspireum may immediately deactivate or delete your
account and all related information and Content related to your account and/or
bar further access to such Content or the Service. Further, you agree that Inspireum
shall not be liable to you or any third-party for any termination of your
access to the Service.
12. Release. You hereby release Inspireum and its Partners from all liabilities, claims, damages, or
losses arising out of or resulting from Inspireum’s exercise of its rights under this Agreement, arising out
of your use of this Website including, without limitation, from any liability
for violation of rights of privacy, publicity, defamation, libel or slander or
any similar right. You agree that you shall be entitled to no consideration or
compensation as a result of the exercise of the rights granted herein, and that
Inspireum may rely upon this
Agreement and these release terms in producing, marketing, and distributing the
Content via the Awards or distribution of Media.
13. Indemnification. You agree that you will hold harmless Inspireum and its officers,
directors, employees, agents, contractors and volunteers (the “Releasees”) from
all claims arising out of, or related to, your access or use of, or your
inability to access or use, this Website or the information contained in this
Website or other websites to which it is linked. This includes, but is not
limited to, information or materials viewed or downloaded from this Website or
another website to which it is linked that appear to you or are construed by
you to be obscene, offensive, defamatory, or that infringe upon your
intellectual property rights. In no event will Inspireum or the contributors of
information to this Website be liable to you or anyone else for any decision
made or action taken by you in reliance on such information or for any
consequential, special or similar damages, even if advised of the possibility
of such damages.
You agree to indemnify, defend, and hold harmless Inspireum, the Trusted
Sports Foundation, and the Releasees from and against all losses, expenses, damages,
and costs, including reasonable attorneys' fees, resulting from any violation
by you of this Agreement. Inspireum reserves the right to assume the exclusive
defense and control of any matter subject to indemnification by you.
14. Dispute
Resolution. You hereby acknowledge and agree that in the event of any
dispute arising out of this Agreement or in connection with the Content, you will
first submit in writing to Inspireum the details thereof. Inspireum shall then have the
absolute right and option, by giving notice to you within fifteen (15) business
days after receipt of such notice, to require that the matter be resolved by
binding arbitration in Deschutes Country, Oregon before a single arbitrator acting
under rules of, and appointed by, the American Arbitration Association. If Inspireum does not elect to enter
into arbitration, you may commence a legal action.
15. Governing Law. In the event of arbitration or legal
action, this Agreement will be governed by and construed in accordance with the
laws of the State of Oregon.
16. Venue. Any action or proceeding arising out of
this Agreement will be litigated in courts located in Deschutes County,
Oregon. Each party consents and
submits to the jurisdiction of any local, state, or federal court located in
Deschutes County, Oregon.
17. Assignment. Inspireum may assign this Agreement to
any party without the written consent of the User.
18. Attorneys’ Fees. If an arbitration, suit, action, or
other proceeding of any nature whatsoever is instituted to enforce or interpret
any provision of this Agreement or in connection with any dispute hereunder,
the prevailing party will be entitled to recover such amount as the court may
adjudge reasonable as attorney’s fees and all other fees, costs, and expenses
of litigation at trial or any appeal or review, in addition to all other
amounts provided by law.