PRIVACY POLICY AND TERMS OF USE
SPLAYBACK,LLC
INTRODUCTION
Thank you for visiting www.splayback.com (the “Site”),which is owned and operated by Splayback, LLC, a Minnesota limited liability company (“Splayback”). Splayback created the Site so that visitors of the Site can upload and view sports and performance arts related video and photo content. The Site is intended or entertainment purposes and to assist in fundraising for related organizations. Please carefully review this Privacy Policy (the “Policy”)and Terms of Use. By using this Site, you, the Site visitor (“You”), agree to be bound by the Terms of Use (the “Terms”) set forth below. If You do not accept these Terms, please do not uset his Site. If You are dissatisfied with this Policy, You agree that your sole and exclusive remedy is to discontinue using this Site. Splayback may, in its sole discretion, revise the Policy and Terms at any time; therefore, You should review them periodically by clicking on the “Terms and Conditions” hyperlink on the Site’s homepage.
Although Splayback strives to monitor the video content posted on the Site, Splayback makes no representations, warranties or assurances as to the availability, accuracy, currency or completeness of the Site or its contents. Splayback shall not be liable for any damages or injuries resulting from access to, inability to access, or use of the Site, including, without limitation, any damages or injuries arising from any links to other websites contained within or referred to in the Site.
YOURPRIVACY IS IMPORTANT TO SPLAYBACK
Splayback respects the privacy of its online visitors and is committed to preserving your right to privacy and making your experience at the Site secure, efficient and easy. Splayback does not collect identifying information about You, unless You create a User Account (defined below), participate in Splayback Fundraising, purchase a recruiting profile or submit identifying information to Splayback through the “Contact Us” page or other means.
Please do not provide to Splayback any confidential information about You or anyone else via electronic communication. Because Splayback does not invite or solicit such confidential information, Splayback cannot assure that any information that You provide to Splayback will be kept confidential.
In the event You create a User Account or You participate in Splayback Fundraising, You may receive promotional e-mails from Splayback; however, your receipt of such promotional communications from Splayback is optional. You will be given the opportunity to “opt out” or stop receiving such e-mails at anytime. If You do not want to receive such communications, each promotional e-mail sent by Splayback will allow You to unsubscribe to future e-mail promotions from Splayback.
LIMITED USE AND DISTRIBUTION OF YOUR PERSONAL INFORMATION
Any personal information that You submit to Splayback in connection with the creation of a User Account, participation in the Fundraising program or via the “Contact Us” page will only be used within Splayback’s domain. No personal information collected by Splayback via the Site will be sold, traded, rented or otherwise disclosed to third parties; provided, however,that Splayback reserves the right to disclose any information in its possession if it is required to do so by law, if Splayback reasonably determines that such disclosure is necessary to comply with applicable law, to defend Splayback’s rights or property or to respond to an emergency situation.
If You are concerned about the information You have provided to Splayback or would like to review, update or delete such information, please contact us via the “Contact Us” page or as follows:
Splayback,LLC
Attn: Customer Service
4570 W. 77th Street Suite #238
Edina, MN 55435
Splayback will take all reasonable steps necessary to comply with your requests.
COLLECTION OF NON-PERSONAL INFORMATION
Splayback collects non-personal information about your use of the Site through the use of a standard technology referred to as “cookies.” Cookies are small text files that are installed on your computer’s hard drive during your visit that allow Splayback to recognize You. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies allow Splayback to monitor the number of people using the Site, to determine which aspects of the Site are most popular among its visitors, to determine the length of time visitors access the Site and to develop methods for improving the Site. Splayback does not use cookies to collect or store personal information about You. You do not have to accept our cookies to use the Site, although the rejection of cookies may limit the functionality of the Site. Most web browsers offer instructions on how to reject cookies in the “Help” section of the toolbar.
Splayback also may collect certain non-personal information about You, such as the domain name from which You access the Internet, the IP address of the computer You are using, the Internet address from which You linked directly to the Site, or the type of web browser or computer operating system You use. Any non-personal information that is automatically collected by Splayback will be maintained indefinitely by Splayback and used for Splayback’s internal business and marketing purposes, such as assessing Site usage and traffic patterns and otherwise improving the Site.
ADVERTISING LINKS
Splayback may include links to other websites that will permit You to leave the Site through the use of hyperlinks and advertising banners. Splayback does not own, control or operate such links or their websites, and Splayback is not responsible for the contents of any linked website or any link contained in a linked website. The inclusion of any link does not imply endorsement of any other website, product or service. The use and/or privacy provided by the operator of a linked website as to any information You provide in accessing a linked website is in no way subject to this Policy. Each linked website may have its own policies that could differ considerably from this Policy, or the linked website may not display any privacy policy at all. In any event, even though a linked website may be accessed through the Site, Splayback cannot be responsible for any use that a linked website may make of any of your information.
SECURITY PROCEDURES
Splayback operates secure data networks protected by industry standard firewall password protection systems. Splayback’s security and privacy policies are periodically reviewed and enhanced, as necessary, and only authorized individuals have access to the information You provide. Although we make every reasonable effort to protect the information You provide, we cannot guarantee the security of systems that are connected to the Internet or the security of information transmitted over the Internet.
IDENTIFICATIONOF AGENT REGARDING CLAIMED INFRINGEMENT
If You believe that your copyrighted work or trademark has been uploaded,posted or copied to the Site and is accessible on the Site in a way that constitutes copyright or trademark infringement, please notify Splayback’s designated agent below in writing.
Splayback has designated T. Anthony Jaye as its agent to receive notices of claims of copyright or trademark infringement or other non conformance to these Terms on the Site. You can contact the designated agent as follows:
T. Anthony Jaye, Esq.
c/o Maslon Edelman Borman & Brand, LLP
3300 Wells Fargo Center
90 South Seventh Street
Minneapolis, Minnesota 55402
INFORMATION AND CONTENT YOU PROVIDE
In order to post User Content (defined below) and access certain features of the Site, You must submit your e-mail address and a password to create a user account (“User Account”). In creating your User Account, you also may elect to provide your name, address, birthday, gender, occupation, student-status and other biographical information. Once You create a User Account, You may upload videos to the Site using the “Splayback Uploader.” You remain liable for any activity that occurs with your User Account, and are solely responsible for keeping the password associated with your User Account confidential and secure. In the event that your password hasbeen compromised, it is solely your responsibility to change your password or to terminate your User Account.
You are solely responsible for the personal information, content (including,without limitation, works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text,images, compilations or other information that You post on the Site (“User Content”).You agree that in submitting User Content or otherwise using the Site, You will not impersonate any person, or submit any materials to Splayback that are false, inaccurate, misleading, unlawful, violate or infringe upon the intellectual property rights of another or are otherwise in violation of these Terms. By uploading User Content,You hereby grant Splayback a non-exclusive, royalty-free,transferable, sub-licenseable and worldwide right and license to use,reproduce, publish, copyright, exhibit, disseminate and otherwise use in any published, broadcast or electronic form and manner whatsoever,in whole or in part, the User Content, without restriction as to changes or alterations, for use in all media, technology and markets,whether now known or hereafter developed, absolutely and forever, and without condition, limitation or reservation, so long as the use is of a lawful purpose. You also provide to all other users of the Site a non-exclusive license to view and use your User Content in accordance with the Terms governing the Site.
Splayback may review and remove any User Content that, in its sole judgment,violates these Terms, applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of,or harms or threatens the safety of, users of this Site. Splayback reserves the right to expel users and prevent their further access to this Site for violation of the foregoing. Splayback may take any action it deems necessary or appropriate in its sole discretion with respect to User Content if it believes that such User Content could create liability for Splayback, damage Splayback’s brand or public image, or cause Splayback to lose (in whole or in part) the services of its advertisers, internet service providers or otherwise. User Content is prohibited on this Site if it:
• is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry,discrimination, hatred or physical harm of any kind against any group or individual;
• harasses, incites harassment or advocates harassment of any group or individual;
• involves the transmission of “junk mail,”“chain letters,” or unsolicited mass mailing or “spamming”;
• consists of, promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• consists of, promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated videos or links to them,providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
• contains restricted or password-only access pages,or hidden pages or images;
• displays or links to pornographic, indecent or sexually explicit material of any kind;
• provides or links to material that exploits people under the age of 18 in a sexual, violent or otherwise equally offensive manner, or solicits personal information from anyone under18;
• provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and/or
• solicits passwords or personal identifying information from other users of the Site.
The list above is for illustration only and is not a complete list of all prohibited User Content. In posting User Content, Splayback generally is asking You for the same respect that You ask of other son the playing surface. Splayback expects all users to respect the Amateur Athlete Code: amateur athletes are not held to the same high standards of performance as professionals. Please refrain from posting comments that criticize, demean or otherwise humiliate the athletes. PLEASE HELP SPLAYBACK KEEP THE SITE SPORTS AND PERFORMANCE ARTS ORIENTED, FAMILY FRIENDLY AND A SAFE PLACE FOR SPORTS VIDEOS. REMEMBER, YOUNG ATHLETES AND PERFORMING ARTISTS ARE ON THE SITE, SO PLEASE SET A POSITIVE EXAMPLE AND TONE BY KEEPING IT CLEAN AND APPROPRIATE!
Splayback strongly urges You to have fun with the Site. There is a lot to see here, so dive in and enjoy! Let other users know what You think by rating videos and responding to videos that leave an impression on You. Feedback is part of the experience of using the Site; it can be a great way to make friends, share stories and enhance your overall experience on the Site.
You may not like everything that You see on the Site. Please remember that Splayback’s “Contact Us” page is the primary means of communication between Splayback staff and You. You may use the“Contact Us” page to submit inquiries regarding Splayback, the Site or its contents; information related to your primary areas of interest; notifications regarding broken links; concerns regarding privacy, abuse and safety issues; requests and solicitations for advertising information; and/or praise or complaints related to Splayback and/or the Site. All information that is forwarded to Splayback via the “Contact Us” page will be directed only to the appropriate Splayback personnel. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions,or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively the “Submissions”),the Submissions shall be the property of Splayback. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Splayback shall own exclusively all now known or later discovered rights to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever,commercial or otherwise, without compensation to You or any other person.
NO UNLAWFUL OR PROHIBITED USE
All content on the Site, except for the User Content, including, but not limited to, all messages, audio, video, photos, text, images,compilations or other information (“Site Content”) and all trademarks, service marks, logos and other intellectual property rights contained therein(“Site Marks”), is either owned by or licensed to Splayback, and may be subject to the intellectual property rights of others. You may view and download all Site Content from the Site for your own use only, provided that You do not remove any Site Marks or other notice contained in such Site Content. You agree not to otherwise copy, modify, distribute,reuse, resell, license, create derivative works from, or otherwise transfer any Site Content from this Site, without the express written permission of the owner(s) of such Site Content.
All videos on the Site are viewed using the “Splayback Embedded Player.” You agree to not alter,modify or use for any purpose in violation of the Terms, the Splayback Uploader or Splayback Embedded Player. The Splayback Uploader may be used only to upload User Content to the Site, and for no other purposes. The Splayback Embedded Player may be used only to view videos posted on the Site, and for no other purposes. If You install the Splayback Uploader onto a computer, You agree that the Splayback Uploader may automatically download and install any updates provided by Splayback from time to time.
You agree that You will not use this Site for any purpose that is unlawful, or prohibited by these Terms. You may not use the materials contained on this Site in a manner that suggests any association with, or endorsement of, any product or service, or which violates any property, privacy or other rights.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA).
The Children’s Online Privacy Protection Act imposes certain restrictions on websites directed toward children under the age of 13and that knowingly collect information on children under the age of13. This Site is a website directed to the general public. We do not knowingly collect information from children under age 13. No one under the age of 18 should submit any personal information to this Site or any other website without the consent of a parent or guardian.
WARRANTY DISCLAIMER
SPLAYBACK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES,SUPPLIERS, AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE“REPRESENTATIVES”) MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE, THE SITE CONTENT, THE USER CONTENT, SPLAYBACK UPLOADER, SPLAYBACK EMBEDDED PLAYER OR ANY OTHER OF ITS CONTENT OR ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. SPLAYBACK AND ITS REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, ANY OTHER WEBSITES LINKED TO THE SITE OR FEATURED IN ANY BANNERS FOR ADVERTISING ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THEREBY. SPLAYBACK ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THESITE, ANY OTHER WEBSITES LINKED TO THE SITE OR FEATURED IN ANY BANNERS FOR ADVERTISING ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THEREBY.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPLAYBACK AND/OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT,INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY,CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE,WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SPLAYBACK OR ANY OF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK-UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Splayback and its Representatives from and against any claims, actions or demands,including without limitation, reasonable legal and accounting fees,alleging or resulting from (i) any User Content You post on the Site,(ii) your use of the Site, Site Contents or Site Marks, or (iii) your breach of any of these Terms. Splayback will provide notice to You promptly of any such claim, suit, or proceeding.
GENERAL
Splayback makes no claims that the Site or its contents may be lawfully viewed or accessed outside of the United States. Access to the Site or its contents may not be legal by certain persons or in certain countries. If You access the Site from outside of the United States, You do soat your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of Minnesota (United States), without respect to its conflict-of-laws principles. Jurisdiction for any claims arising under the Terms shall lie exclusively with the state or federal courts within Hennepin County, Minnesota (United States). If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shallnot affect the validity of the remaining provisions of these Terms,which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Splayback’s failure to enforce any provision of these Terms shall not be deemed as a waiver of such provision or otherwise affect Splayback’s ability to enforce such provision at any point in the future. These Terms constitute the entire agreement between You and Splayback with respect to the use of the Site. No changes to these Terms shall be made except by a revised posting on this page.
TERM AND TERMINATION
These Terms will remain in full force and effect while You are a user of the Site at any level. Splayback reserves the right, in its sole discretion, to pursue all of its legal remedies, including, but not limited to, termination and removal of your User Account and User Content and any and all other information on the Site and restriction upon your ability to access the Site, upon any breach by You of these Terms. Even after You are no longer a user of the Site, certain provisions of these Terms will remain in effect.
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND SPLAYBACK, AND ARE ACCEPTED BY YOU UPON YOUR USE OF THE SITE.
Date of Last Update: April 2010