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Terms of Service

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These Terms of Service apply to the use of the website located at http://www.hsboxscoresnyc.com ("this website") and the services provided on or through this website. This website and such services are the property of HS Box Scores NYC, LLC ("HS Box Scores NYC" "we" or "us"). By using this website, you agree to these Terms of Service and to use this website in accordance with these Terms of Service, our Privacy Policy, and any additional terms or conditions that are referenced herein or that otherwise may apply to specific sections of this website or the services that we make available through this website, all of which are deemed part of these Terms of Service.

We may change these Terms of Service or impose new conditions on the use of this website from time to time in our sole discretion. In that event, we will post the revised Terms of Service on this website and change the "Last Updated" date to reflect the effective date of such changes. By using this website after we post any such changes, you accept the Terms of Service as so modified. It is your responsibility to check these Terms of Service each time before using this website.

Limited Right of Use

This website and all of the materials available on this website (including, without limitation, all text, images, graphics, logos and other content) are the property of HS Box Scores NYC and are protected by copyright, trademark and other intellectual property laws. This website is provided solely for informational noncommercial use and is not intended for any other use. Use of this website for purposes of competitive intelligence is strictly prohibited and a violation of these Terms of Service. 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 this website.

You may not use this website or any materials or services made available on this website in any manner that constitutes an infringement of our rights or that has not been authorized by us. Except as expressly authorized in these Terms of Service, you may not copy, reproduce, republish, upload, post, transmit or distribute in any manner or medium (electronically or otherwise) any materials from this website. You may, however, forward box scores and other statistical data displayed on this website in the manner provided for on this website, provided that you keep intact all copyright, trademark and other proprietary notices. For information about requesting permission to otherwise reproduce or distribute materials from this website, please contact us at (212)-330-7681 or info@hsboxscoresnyc.com.

We may deny access to this website or any of its features to anyone who we determine infringes on the rights of HS Box Scores NYC or any other party or who otherwise violates these Terms of Service.

Limitations on Linking and Framing

You may establish a hypertext link to our website so long as the link does not state or imply that HS Box Scores NYC sponsors or otherwise supports the site where such link is established. However, you may not, without our prior written consent, frame or inline link any of the content of this website, or incorporate into another website or other service any of our material, content or intellectual property.

Modifications or Discontinuation

We reserve the right to modify, suspend or discontinue this website, or any portion hereof, with or without notice. You agree that neither HS Box Scores NYC nor any of its officers, managers, members, employees, agents, representatives, contractors, service providers or licensors (its, "Associated Persons") will be liable to you or to any third party for any modification, suspension or discontinuation of this website or any portion hereof.

Disclaimers

The box scores, statistical data and other material included on this website are based upon information provided by school administrators who submit such data to this website. While we encourage the school administrators to submit only accurate information as promptly as practicable, we cannot guarantee the accuracy of such information or the timeliness of the display of such information (or that any school administrator will submit any score or statistical information at all) and we make no representations, warranties or assurances regarding any of the foregoing. You acknowledge and agree that you must bear any risk associated with the use of any content contained on this website, including any reliance on the accuracy of such content, any delay associated with the display of such information or any absence of the same.

THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY (INCLUDING PARTICIPATION BY ONE OR MORE SCHOOLS) OR OTHERWISE.

You must provide and are solely responsible for all hardware and/or software necessary to access this website. 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.

Limitation of Liability

THE ENTIRE RISK ARISING OUT OF THE USE OF THIS WEBSITE, INCLUDING ITS MATERIALS AND SERVICES, OR ANY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE BY THIRD PARTIES, AND/OR THE USE OF ANY CONTENT INCLUDED IN ANY OF THE FOREGOING, REMAINS WITH YOU. UNDER NO CIRCUMSTANCES WILL HS BOX SCORES NYC OR ANY OF ITS ASSOCIATED PERSONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, DAMAGES FOR BUSINESS INTERRUPTION, DAMAGES FOR LOSS OF BUSINESS INFORMATION OR DAMAGES FOR ANY OTHER PECUNIARY LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS OR SERVICES, OR ANY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE BY US OR BY THIRD PARTIES, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT IN A CLAIM BASED IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY AND EVEN IF HS BOX SCORES NYC OR ITS ASSOCIATED PERSONS HAVE ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT IF THERE IS A DISPUTE BETWEEN USERS OF THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ADMINISTRATORS FROM DIFFERENT SCHOOLS, COACHES AND/OR PLAYERS), OR BETWEEN A USER AND ANY THIRD PARTY, NEITHER HS BOX SCORES NYC NOR ANY OF ITS ASSOCIATED PERSONS IS UNDER ANY OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE HS BOX SCORES NYC AND EACH OF ITS ASSOCIATED PERSONS FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO ANY SUCH DISPUTE.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND OTHER LIMITATIONS ON REMEDIES SET FORTH IN THESE TERMS OF SERVICE CONSTITUTE FUNDAMENTAL TERMS OF THE BARGAIN BETWEEN HS BOX SCORES NYC AND YOU.

Online Commerce

Through this website, we may provide links and pointers to Internet websites maintained by third parties. Any such linking to a third-party website does not imply an endorsement or sponsorship of such website, or the information, products or services offered on or through such website. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through any such website.

This website may (now or in the future) offer the ability to purchase one or more products or services offered by third parties. You hereby release us and each of our Associated Persons from any damages that you incur, and you agree not to assert any claim against us or any of our Associated Persons arising from, your purchase or use of any products or services made available by third parties through this website.

Your interactions with companies, organizations and/or individuals found on or through this website, including any purchases, transactions, or other dealings, and any terms, conditions, representations or warranties associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that neither HS Box Scores NYC nor any of its Associated Persons will be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings.

Indemnification

You agree to indemnify and hold harmless HS Box Scores NYC and each of its Associated Persons from and against any and all claims, demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of or otherwise relate to your use of this website and/or any violation of these Terms of Service by you.

Copyright Policy

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 this website infringe your copyright, you may request removal of those materials (or access thereto) from this website by submitting written notification to us by U.S. Mail to: HS Box Scores NYC, LLC, 1133 Broadway, Suite 708, New York, N.Y. 10010 or by email to: info@hsboxscoresnyc.com. After such notification, if infringement is later confirmed by court order or by admission, HS Box Scores NYC will remove the infringing materials. In addition, HS Box Scores NYC may, in its sole discretion, remove the materials at issue prior to that time if HS Box Scores NYC has conclusively confirmed that infringement has occurred. It is the policy of HS Box Scores NYC in appropriate circumstances to disable and/or terminate the access of users who are repeat copyright infringers.

Other

These Terms of Service constitute the entire agreement between HS Box Scores NYC and you with respect to the subject matter contained herein and supersede all previous and contemporaneous communications, written or oral. No delay or failure to take action under these Terms of Service shall constitute any waiver by HS Box Scores NYC of any of these Terms of Service. These Terms of Service shall 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.

These Terms of Service may not be assigned by you to anyone else. If any provision included in these Terms of Service is found to be unlawful, void or unenforceable for any reason, then such provision shall be deemed severable from these Terms of Service and will not affect the validity and enforceability of the remaining provisions. These Terms of Service are not intended to benefit any third party (except for our Associated Persons), and, except with respect to the Associated Persons as set forth herein, do not create any third party beneficiaries.

Additional Terms Applicable to School Administrators

If you are a school administrator, coach or other representative of a school who submits or is authorized to submit score data or statistical information through this website (a "School Administrator"), the following additional terms are applicable to you as well as the other School Administrators of such school and the school itself. For the avoidance of doubt, the other sections of these Terms of Service remain applicable to, and binding upon, School Administrators and the following terms are in addition to, and not exclusive of, such other provisions.

Our Right to Use Information Submitted

When you submit any data through this website, you acknowledge and agree that:

  1. You have granted to 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 display such data, in whole or in part, in any material or medium (whether now known or hereafter developed), in each case for any purpose that we choose without compensation to you or any team, school or other organization associated with you.

  2. The license referred to in paragraph 1 above includes the right to exploit any proprietary rights in such submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction.

Accuracy of Information Submitted

You agree that any score data or other statistical information submitted through the data entry forms provided by this website will be, to the best of your knowledge, true and accurate. It is your responsibility to evaluate the accuracy of any score data or other statistical information submitted through this website and if we have reasonable grounds to suspect that any information that you have provided is untrue or inaccurate, we have the right to suspend or terminate use by the applicable persons and/or to refuse any and all applicable current or future use of this website (or any portion hereof).

Representations and Warranties

With respect to any score or statistical data or other material that you submit through this website (including, without limitation, the names of the players on each team), you represent, warrant and agree with HS Box Scores NYC that: (i) you have obtained all necessary authorizations and consents to submit such data for display on this website (including the use of the name of any individual that is included in such data), (ii) each player who is named or otherwise included in such data is at least thirteen (13) years of age (or older), (iii) the submission of such data does not and will not violate any rule, regulation or policy of any team or school referenced in such data or any association or organization that governs such team or school and (iv) you will indemnify and hold harmless HS Box Scores NYC and each of its Associated Persons from any breach or inaccuracy of any of the foregoing representations, warranties and agreements.

Responsibility for Usernames and Passwords

To submit information to this website, you will need to maintain a username and password. You are responsible for maintaining the confidentiality of your password and are responsible for all activities (whether by you or by others) that occur under your username and password. To protect against unauthorized access, be sure to log out when you finish submitting information to this website. Do not disclose your password to any third party. If you believe your username or password has been compromised for any reason, you should immediately change your password by logging in and accessing the "Change Password" feature.

You agree to notify us immediately of any unauthorized use of your username or password 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 username or password.

Consent to Collection and Storage of Personal Information

As more fully described in our Privacy Policy, we will collect and store certain personally identifiable information of each School Administrator (such as name, telephone number and email address) for purposes of maintaining and operating this website. The collection, storage and use of such personally identifiable information is governed by our Privacy Policy. By using this website or the services provided hereby, you represent that you have first read our Privacy Policy and consent to the collection, storage and use of your personally identifiable information in the manner described in our Privacy Policy, which is incorporated by reference herein. While HS Box Scores NYC will take reasonable steps to safeguard and prevent unauthorized access to such personally identifiable information, we cannot be responsible for the acts of those who gain unauthorized access to such personally identifiable information. IN NO EVENT SHALL HS BOX SCORES NYC OR ANY OF ITS ASSOCIATED PERSONS BE LIABLE FOR ANY DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY UNAUTHORIZED ACCESS TO SUCH PERSONALLY IDENTIFIABLE INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY AND ALSO REGARDLESS OF WHETHER HS BOX SCORES NYC HAD ACTUAL OR CONSTRUCTIVE NOTICE THAT SUCH DAMAGES WERE POSSIBLE.

Consent to Our Communication With You by Email

By using this website, you grant HS Box Scores NYC permission to contact you at your email address. To stop receiving our emails, send an email to us at info@hsboxscoresnyc.com or follow the opt-out instructions described in such emails. Please note that submitting a request to stop receiving emails from us may result in the suspension or termination of your ability to submit score data and other statistical information through this website.

Feedback and Publicity

You agree that any comments you make regarding HS Box Scores NYC via email to us or through other forum (1) will be truthful and accurate and (2) may be used in our promotional materials without any payment or other obligation to you or the team or school which you represent. You also grant HS Box Scores NYC the right to include in any of our promotional materials the fact that you and the team and school you represent are submitting score data and other statistical information through this website. You can deny HS Box Scores NYC the right to include your feedback and/or the fact that the team or school you represent is participating in this website by submitting a written request via email to: info@hsboxscoresnyc.com, requesting to be excluded. If you or the team or school you represent are included in any promotional materials before you have submitted an exclusion request, you may, at any point in time, submit such an exclusion request and, upon receipt of such request, HS Box Scores NYC will remove any reference to you or the team or school you represent, as applicable, from all promotional materials within 10 days and make no further reference to you or the team or school you represent in any of our promotional materials.

Suspension and Termination of Access

You agree that, in our sole discretion, we may suspend or terminate your username, password or your ability to submit information to this website, and remove and discard any materials that you submit to this website, at any time, for any reason, without notice. You agree that neither HS Box Scores NYC nor any of its Associated Persons will be liable to you or to any third-party for any suspension or termination of your password or username or your use of all or any portion of this website, or any removal of any materials that you have submitted to this website. In the event that we suspend or terminate your access, you will continue to be bound by these Terms of Service as in effect as of the date of such suspension or termination.

Privacy Policy

Last Updated: 11/13/2012

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