BIGTEAMS, LLC ("BigTeams") provides athletic/activity/scheduling website management service to schools, leagues, booster clubs, and athletic clubs, including through the websites located at www.bigteams.com and www.schedulestar.com.
We collect and use the information that you voluntarily submit to us via our Services. We also may collect information about how you use the Services, like when you visit our web sites and how you interact with our content.
The information we collect includes personal information, which personally identifies you, such as your name, email address or billing information, or other data that we can reasonably link to such information.
We may require certain types of personal information in order to provide a particular Service, such as an email address in order to deliver news updates or a mobile number in order to let you know by text that you won a contest. We also collect non-personal information, which does not identify a particular person.
We may collect personal information about other people when you submit it to us, such as by participating in a promotion or contest or when you submit news stories or nominations to us. By providing us with the personal information of others, you represent that you have the legal right to do so.
When you visit any BigTeams website, we may collect tracking information such as your browser type, the type of operating system you use, and pages you visited on our sites. None of this information identifies you personally; we use this information to make our sites more useable to you, your league and your schools.
We use "cookies" in a very limited way in order to store user information. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. A cookie contains a unique number that allows our site to recognize your computer. The help function on most browsers contains information on how to set your browser to notify you before accepting cookies or to disable cookies entirely. However, if you don’t accept cookies, you may not be able to use some of the functions of the website.
Your information will be accessible to BigTeams staff and school administrators who may choose to allow booster club members access to some personally identifiable information in order to, for example, fill orders from the online store. Merchant account providers that handle credit card transactions will also have some access to personally identifiable information. This is necessary to fill orders from the online store. Please contact us for more information about your school’s merchant account provider. These merchant account providers have their own privacy policies.
BigTeams may disclose information about you and your use of the Web Site and the BigTeams Services if BigTeams believes such disclosure is reasonably necessary: (i) to comply with the law or legal process; (ii) to protect or defend the rights or property of BigTeams or others; (iii) to enforce the BigTeams TOU or this Policy; and (iv) to respond to claims that the content(s) of a communication violates the rights of another. In addition BigTeams may share or transfer information about you and that you provide to BigTeams, to one or more third party entities pursuant to a sale, merger, assignment, joint venture or other transfer or disposition of a portion, or all of, the assets or stock of BigTeams or its affiliated entities, or as otherwise provided herein.
We periodically prepare analyses and reports reflecting visitor and member use of the Web Site and BigTeams Services for our internal use as well as for a limited number of our business partners. These reports include aggregate (non-personal) information about BigTeams members, and in certain instances, visitors to the Web Site. The information in these reports will not identify you individually. Our business partners who have access to these reports will not be able to contact you from the information contained in the reports.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
Most advertisements you see on the Web Site are served to your web browser by BigTeams. However, BigTeams allows other companies, called ad networks, to serve advertisements within the Web Site or through BigTeams Services. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. We only authorize our third-party ad networks to employ anonymous cookies for ad delivery and anonymous targeting. Our third-party ad servers do not collect, nor do we give them access to, any personally identifying information about you. BigTeams also limits the type of ads delivered by these ad networks so that they are appropriate for children.
Third Party advertising networks may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. BigTeams may also include a file, called a web beacon, from these ad networks within pages served by BigTeams to assist with auditing, research and reporting for advertisers.
Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site. If you want to prevent a third-party ad server from sending and reading cookies on your computer, currently you must visit each ad network’s web site individually and opt out (if they offer this capability). Please contact us if you would like additional information regarding the specific third-party ad networks used on the Web Site.
If you reside in California and have an established business relationship with us, you may have the right to receive information about how we share your personal information with our affiliates or third parties, such as our advertisers. If you wish to learn about our practices, please send a written request to the contact information identified below at the end of the Policy, including your full name, street address, city, state and zip code; the name of the Service about which you are requesting information; and a statement that your request is pursuant to the California “Shine the Light” Act. BigTeams is not able to provide information about how companies outside Big Teams might use or disclose your information.
BigTeams takes every reasonable precaution to protect our users’ information. When you submit information via our service, your information is protected both online and off-line. We have physical, electronic, and procedural safeguards to protect personal information about you. However, we cannot guarantee that communications between you and BigTeams will not be intercepted by others and that information stored on our servers will be free from unauthorized access. While we have taken reasonable precautions to protect this information, you should always use discretion in what information you send to us and not expect that such information will be absolutely free from intrusion. If you have any questions about the security of our service, please contact us.
BigTeams is committed to the safety of children. Children under the age of 13 may not register or participate in any of the BigTeams Services. If children under 18 elect to register in any of the BigTeams Services, they should ask a parent for permission before sending any information to the Web Site. We will not request or knowingly collect any personally identifiable information from a child under 13. We offer our Services to individuals who are at least 18 years old. We do not knowingly collect personal information online from children under 13 years of age. If we discover that we have inadvertently collected personal information online from children under the age of 13, we will endeavor promptly to destroy or remove any identifying details.
You should be aware that when you are on the Web Site or when you receive emails sent as part of BigTeams Services, you could be directed to other sites beyond our control, and beyond the school/booster club’s control. This includes links from advertisers, sponsors and partners that may use the Web Site’s logo. These other web sites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies.
Notification of Changes and Your Acceptance of the Policy
By using this Web Site, you signify your agreement to the terms of this Policy and the TOU. If there are material changes to our Policy or if we decide to use personally identifiable information in a manner different from that stated when it was collected, we will post a link to our revised Policy on our home page so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Your continued use of this Web Site shall constitute your acceptance of any revised Policy. We may change this Policy from time to time. We will post any changes to this page, and if the changes are significant, we will provide a more prominent notice. We will not reduce the protection given to your personal information under this Policy without giving you an opportunity to consent to our continued use of your personal information.
If you have any questions about this Policy, please contact us at:
7925 Jones Branch Drive
McLean, VA 22102
THIS CONTRACT is made between BIGTEAMS, LLC, hereinafter "BIGTEAMS" and CUSTOMER. The term of this contract shall be month-to-month, with termination upon sixty (60) days advance notice in writing by either party.
For good and valuable consideration, the sufficiency of which is hereby acknowledged by the parties, the parties hereto agree as follows:
1. BIGTEAMS shall create, host and maintain a website for the use and benefit of CUSTOMER. The website shall be substantially similar to the demonstration websites on display at www.bigteams.com. The purpose of the website shall be for CUSTOMER to post scores, pictures and other related content relating to various school or sports club activities.
2. CUSTOMER shall pay BIGTEAMS the pre-negotiated price for services provided pursuant to this contract. Invoices will be sent from BIGTEAMS to SCHOOL and are payable as indicated on invoice.
3. CUSTOMER shall be free to sell advertising space on the website for the spaces set forth as "School Advertising" on the attached Exhibit A, but only if CUSTOMER has chosen a pricing plan that allows for this.
4. CUSTOMER shall pay to BIGTEAMS a fee of $120.00 per ad/per year that CUSTOMER sells and receives payment for from the advertiser. Should CUSTOMER need to change the design of the ad after satisfactorily designed and posted, and before the advertisement year is over, CUSTOMER shall pay another $120 to BIGTEAMS in order to change the advertisement. CUSTOMERS using BIGTEAMS’ free version may create their own banner advertisements or request the service from BIGTEAMS under the same terms mentioned above. As of September 1, 2014, CUSTOMER shall to pay to BIGTEAMS a fee of $100.00 per ad/per year that CUSTOMER sells, and then a yearly fee of $50 per ad, per year.
5. BIGTEAMS shall assist CUSTOMER with ad design once CUSTOMER has sold an advertisement. BIGTEAMS shall post the advertisement onto the website for CUSTOMER. BIGTEAMS is only obligated to design a static banner advertisement on behalf of the CUSTOMER. BIGTEAMS reserves the right to deny ad creation service to CUSTOMER having ad creation demands that are viewed as unreasonable to BIGTEAMS. However, BIGTEAMS agrees to work in good faith to find a mutually-agreeable solution, should an advertisement be denied under this section.
6. CUSTOMER shall not sell advertising space via third party advertisers, affiliate programs, or any other entity that requires BIGTEAMS to alter the website code in any way.
7. BIGTEAMS reserves the right to block any advertisements sold by CUSTOMER for any reason. However, BIGTEAMS agrees to work in good faith to find a mutually-agreeable solution, should an advertisement be denied under this section.
8. BIGTEAMS may sell and post local and national advertisements on the website and other electronic correspondence. BIGTEAMS advertising shall appear in the space set for "BigTeams Advertising" as agreed between the parties. These advertisements may appear on ALL pages within the website. If CUSTOMER determines that an advertisement placed by BIGTEAMS under this provision is distasteful, BIGTEAMS shall remove the advertisement immediately upon notification by CUSTOMER. The parties agree to work together to find a timely solution, should an issue with advertisements arise under this provision. CUSTOMERS using the free website option understand that the location of BIGTEAMS’s advertisements may change from time to time. The advertising space of CUSTOMERS will not change.
9. Should CUSTOMER implement an email notification system designed by BIGTEAMS, BIGTEAMS reserves the right to place advertisements into the emails generated by the system. These advertisements will appear below the text (i.e. the cancellation notification) created by the CUSTOMER. If CUSTOMER determines that an advertisement placed by BIGTEAMS under this provision is distasteful, BIGTEAMS shall remove the advertisement immediately upon notification by CUSTOMER. The parties agree to work together to find a timely solution, should an issue with advertisements arise under this provision.
10. The website and advertisements may contain links to external sites on the Internet, which are owned and operated by third parties (the "External Sites"). CUSTOMER acknowledges that BIGTEAMS is not responsible for the availability of, or the content located on or through any External Site. CUSTOMER shall contact BIGTEAMS if the content of an external link is determined by CUSTOMER to be distasteful, and BIGTEAMS shall immediately disable the link and keep it disabled while BIGTEAMS attempts to resolve the matter with CUSTOMER and/or the third-party maintaining the external website.
11. BIGTEAMS may create a link to an online store operated by a third party vendor. Any commissions, residuals or percentages paid to CUSTOMER by the third party vendor shall be determined between CUSTOMER and the third party vendor. CUSTOMER may request the removal of any link to an online store delivered by BIGTEAMS. CUSTOMER may also replace any link to an online store with another vendor’s link by notifying BIGTEAMS.
14. Neither BIGTEAMS nor CUSTOMER shall sell advertising that would be inappropriate or distasteful for a website directed to minors, including but not limited to, advertising related to alcohol products, tobacco products, etc., as determined by either BIGTEAMS or CUSTOMER. BIGTEAMS maintains a pricing option that does not allow BIGTEAMS to run advertising on the website. If this pricing option is chosen, BIGTEAMS will not run banner advertising on the websites.
15. PHOTOS: At CUSTOMER’s option, CUSTOMER may offer photos for sale on the website through the BIGTEAMS photo gallery. By default, the photo sales feature will be activated. If this feature is used by CUSTOMER, CUSTOMER shall receive fifty percent (50%) of any profit BIGTEAMS receives from any third party vendor for the sale of CUSTOMER photos. BIGTEAMS shall determine prices of photos and negotiate such prices with the third party vendor. BIGTEAMS will send payment for photos to CUSTOMER by December 31 of each year, but only if the amount owed to CUSTOMER exceeds $100.00. If the amount owed to customer does not exceed $100.00, any lesser amounts not paid to CUSTOMER shall be carried over to the subsequent year.
16. SMARTPHONE APPS: BIGTEAMS may offer Smartphone apps for sale on the website. By default, the Smartphone app feature will be activated. CUSTOMER shall receive twenty percent (20%) of any profit that BIGTEAMS receives from the sale of any Smartphone app. BIGTEAMS reserves the right to change the price of the Smartphone app, or make it free, at the discretion of BIGTEAMS. BIGTEAMS will send payment for Smartphone apps to CUSTOMER by December 31 of each year, but only if the amount owed to CUSTOMER exceeds $100.00. If the amount owed to customer does not exceed $100.00, any lesser amounts not paid to CUSTOMER shall be carried over to the subsequent year.
17. VIDEO ADVERTISING: As permitted by website model purchased, CUSTOMERS may post videos on the website. CUSTOMERS posting videos understand that BIGTEAMS may include advertising prior to, after, or within the video clips.
18. The parties consent to the laws of Virginia, and agree that the provisions of the contract are to be construed under Virginia law, unless the school is located in Ohio, in which case disputes shall be settled exclusively in Ohio courts, or through other mutually-agreed upon alternative dispute avenues.
19. To the extent permitted by the law governing this contract, CUSTOMER will indemnify and hold BIGTEAMS harmless for third-party damages stemming from this contract, and will limit damages sought by CUSTOMER to those amounts paid under the contract by either party, which shall not include consequential or punitive damages.
20. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR CONTENT PLACED ON THE WEBSITE BY CUSTOMER. CUSTOMER WARRANTS THAT IT HAS PROPER AUTHORIZATION FOR PLACEMENT OF ALL CONTENT ON THE WEBSITE. CUSTOMER MAY POST ON THE WEBSITE ANY CONTENT OWNED BY CUSTOMER, CONTENT FOR WHICH CUSTOMER HAS RECEIVED EXPRESS PERMISSION FROM THE OWNER, AND CONTENT IN THE PUBLIC DOMAIN. CUSTOMER ASSUMES ALL RIGHT AND RESPONSIBILITY FOR DETERMINING WHETHER ANY CONTENT IS IN THE PUBLIC DOMAIN. CUSTOMER GRANTS TO BIGTEAMS THE RIGHT TO EDIT, COPY, PUBLISH, DISTRIBUTE, TRANSLATE AND OTHERWISE USE IN ANY MEDIUM AND FOR ANY PURPOSE ANY CONTENT THAT CUSTOMER PLACES ON THE WEBSITE, WITHOUT COMPENSATION TO CUSTOMER.
21. CUSTOMER shall not use the website for any commercial purpose not expressly approved by BIGTEAMS, nor shall CUSTOMER distribute any advertising or solicit funds or goods and services, or solicit users to join competitors of BIGTEAMS while this contract is in force.
22. BIGTEAMS does not and cannot review the content posted by users on the website and is not responsible for such content. However, BIGTEAMS reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its discretion, violates or may violate this Agreement or is otherwise unacceptable. CUSTOMER shall be responsible for all content posted by CUSTOMER. BIGTEAMS shall have the right, but not the obligation, to correct any errors or omissions in any content, as it may determine in its discretion.
23. BIGTEAMS reserves the right to make upgrades and modifications to the website, on an as needed basis, as long as such updates are consistent with this Agreement. The parties agree that modifications may include, but are not limited to, new features, downloads, format, style, menus, headings, and location of advertisements.
24. BIGTEAMS is the sole owner of the website code, and CUSTOMER may not have FTP access to the website without permission from BIGTEAMS.
25. BIGTEAMS does not warrant that the operation of this website will be uninterrupted or without error. However, BIGTEAMS will work in good faith to resolve any such issues.
27. BIGTEAMS reserves the right, in its discretion, to restrict, suspend or terminate your access to all or any part of the website, including the Interactive Areas, at any time without prior notice. BIGTEAMS may change, suspend or discontinue all or any aspect of the website at any time, including the availability of any feature, database, or content, (including the Interactive Areas), without prior notice. However, BIGTEAMS shall work in good faith with CUSTOMER to resolve any outstanding issues related to such modification or suspension.
28. BIGTEAMS shall transfer the website domain name to the CUSTOMER upon written request of the CUSTOMER, assuming CUSTOMER has paid all necessary fees. BIGTEAMS may charge a $100 domain name transfer fee for such service.
29. This contract shall remain intact until expiration or upon cancellation by either party with 60 days notice provided in writing.
30. The parties expressly agree that any and all damages stemming from this contract shall be limited to the amounts paid under the contract by either party, and shall not include consequential or punitive damages.
This Site and the Services are provided on an “as is” basis by BigTeams for the convenience of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights of the Site and Services are the sole property of BigTeams and its licensors. The Site and Services are intended for use by persons 18 years of age or older. You are permitted to access the Site and the Services solely for the purpose of receiving information about BigTeams’s business and products, purchasing and utilizing the Services, communicating with BigTeams, entering prize promotions offered by BigTeams, or otherwise as stated on the Site.
BigTeams hereby grants a worldwide, fully paid-up, non-exclusive, non-transferable license to you to use the Site and Services solely for the purpose of operating the Site. You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content’s owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from BigTeams. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Site are the sole property of BigTeams and/or its licensors, each of whom reserves all rights with regard to such materials. BigTeams may at its option provide you with one or more areas within the Site for online discussions (e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. BigTeams reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. BigTeams shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
BigTeams makes no warranties, express or implied, with regard to the Site or the Service, their operation, or your use of the Site or Service, including but not limited to warranties of merchantability or fitness for a particular purpose. BigTeams makes no warranties as to the availability, up-time, functionality, errorfree nature or reliability of the Site or the Service, the Internet, the telephone network through which the Service is utilized, or other technology utilized to present, access or utilize the Site or the Service, nor does it warrant that the Site or Service shall be free of computer viruses or other malicious content. BigTeams reserves the right to modify, suspend or discontinue the offering of the Site and Service at any time for any reason without prior notice. Further, while BigTeams utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site or Service.
While using BigTeams Sites and Services, you will not:
BigTeams and its community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to the school or organization administering the website.
BigTeams may, with or without cause, immediately terminate this TOU, and deny you the right to use the Services. Without limiting other remedies, we may limit, suspend or terminate your service and user accounts, prohibit access to our sites and content, services and tools, delay or remove hosted content, and take technical and legal steps to restrict your access to the Sites if we think, in our sole discretion, that you are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of this TOU or our policies (for example, and without limitation, policies related to shill bidding, conducting off-BigTeams transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we reserve the right to cancel unconfirmed accounts or accounts that have been inactive, or to modify or discontinue BigTeams sites, services or tools. If this TOU is terminated, you will no longer be authorized to use the Services. In the event of termination, the disclaimers, limitations of liabilities and the indemnification provisions set forth in this TOU, shall survive.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof to our Designated Agent, [INSERT], who can be reached as follows:
BigTeams | Schedule Star
7925 Jones Branch Dr. | Suite 2125 | McLean, VA 22102
t: 866-968-3267 | f: 540-301-0735
In order for you notification to be effective, you must include the items required by 17 U.S.C. §512(c). This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
To file a counter notification with us, you must provide a written communication (by fax or regular mail) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Your communication must include substantially the following: (1) a physical or electronic signature of the subscriber; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) your name, address, and telephone number; (5) the following statement: “I consent to the jurisdiction of state and Federal courts located in Fairfax, Virginia, and I will accept service of process from the claimant or an agent of the claimant;” and (6) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Please send the written communication:
Mail: 7925 Jones Branch Dr. | Suite 2125 | McLean, VA 22102
You will not hold BigTeams responsible for other users’ content, actions or inactions, including copyrightinfringements. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of content, the truth or accuracy of users’ content or listings.
IN NO EVENT SHALL BIGTEAMS, ITS AFFILIATES, LICENSORS AND THEIR OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE, EVEN IF BIGTEAMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL BIGTEAMS PARTIES AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE GREATER OF: (I) ONE HUNDRED DOLLARS ($100) OR (II) AMOUNT PAID BY YOU TO BIGTEAMS HEREUNDER. ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. USER WARRANTIES AND INDEMNITY
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
By using this Site and the Service, you hereby warrant and represent that you have all necessary rights, power and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent to BigTeams that you are and shall at all times remain in full compliance with all applicable laws and regulations with regard to your use of this Site and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.
By using this Site and the Service, you agree to indemnify and hold harmless BigTeams, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys. fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out of your breach of the above warranties or any use by you or an account or computer owned by you of the Site, the Service or the Content or your provision of User Content to BigTeams.
Any content, information, material or data that you submit or post via this website or the Services is referred to in this TOU as “User Content.” You retain all copyright to all original User Content you submit to the Site. You grant us, and anyone authorized by us (including school and school booster clubs), a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium you have in the content, in any media known now or in the future. 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, including 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.
You acknowledge and agree that you will not post on the Site any content for which you do not have the clear right to do so and to grant the rights granted above. You further acknowledge and agree that you are solely responsible and liable for any content that you post on the Site and for any infringement or other liability that may result.
You represent and warrant that (i) all User Content is either wholly original to you, or all third party rights therein have been fully cleared for use as contemplated by this Agreement, and that you have the right to grant the rights granted herein without violating the rights of any third party; (ii) the User Content and the posting thereof on the Site does and will not, in any way, violate or breach any of the terms of this Agreement or the Conduct Policy or violate or infringe upon the rights of any third party, and (iii) BigTeams shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the User Content unless otherwise agreed by BigTeams. Without limiting the foregoing, BigTeams and the respective school (including booster clubs), school employee, school organization, or site administrators reserves the right to use the User Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. Your submission of User Content is subject to the terms our User Agreement. BigTeams and the respective school (including booster clubs), school employee, school organization, or site administrators shall not be obligated to enforce any form of attribution by third parties and shall not be responsible for any third party use of User Content.
By providing content to this site, you hereby declare that (a) you have no objection to the publication, use, modification, or deletion and exploitation of the User Content by BigTeams and the respective school (including booster clubs), school employee, school organization, or site administrators; (b) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (c) you forever release BigTeams and the respective school (including booster clubs), school employee, school organization, or site administrators from any claims that you could otherwise assert against BigTeams by virtue of any such moral rights.
All claims or disputes under this TOU shall be submitted to final and binding arbitration before the American Arbitration Association, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, for arbitration in the State of California. Judgment upon the award rendered by an arbitrator(s) may be entered in any court having jurisdiction thereof, and, if BigTeams is the party seeking enforcement, BigTeams shall be entitled to an award of all costs, fees and expenses, including reasonable attorneys' fees, to be paid by you as the party against whom enforcement is ordered. Any dispute or portion of a dispute involving intellectual property rights shall not be subject to arbitration and shall be determined by a court of competent jurisdiction as provided herein. Notwithstanding the foregoing, BigTeams shall have the right to initiate an action in a court of competent jurisdiction for temporary, preliminary or permanent injunctive relief in the event you or any third party infringes upon its proprietary rights or breaches or threatens to violate any law through use of the Services. Each party agrees that any dispute resolution proceedings whether in arbitration or in court, will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action. ADDITIONALLY, IF ANY CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. THIS TOU DOES NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AMERICAN ARBITRATION ASSOCIATION (AAA) OR BETTER BUSINESS BUREAU (BBB) PROCEDURES OR RULES WOULD. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER ACTION HELD UNDER THIS TOU. MISCELLANEOUS
The validity, construction and performance of this TOU shall be governed and construed in accordance with the laws of the Commonwealth of Virginia without regard to the conflicts of laws provisions thereof. Any action brought pursuant to this TOU shall be commenced in federal or state court located in Fairfax County, Virginia. The parties hereby consent to personal jurisdiction in the federal and state courts in Fairfax County, Virginia and waive any right to a change of jurisdiction or venue. This TOU constitutes the full and entire understanding and agreement between BigTeams and you with respect to your use of the Services and supersedes all prior agreements, understandings, inducements, and conditions, express or implied, oral or written, relating to the subject matter hereof, except as may be otherwise agreed. If any provision of this TOU shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be enforced and reconstructed to the maximum extent permitted by law. All notices to Company in connection with this TOU shall be provided in writing, and any notice will be deemed to be given on the date it is received. This TOU shall be binding upon either party’s successors or assigns. BigTeams reserves the right, in its sole discretion, to change, modify, add or remove any of the terms and conditions contained in this TOU, in whole or in part, at any time. Amendments to this TOU will be effective immediately upon posting of the new TOU on BigTeams’s website and by using the Services following the posting of such new TOU, you are agreeing to comply with and be bound by the terms and conditions of the new TOU as revised.
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