Celebrating Potential, Building Community

TERMS AND CONDITIONS

The Y: Terms and Conditions of Use
By using or visiting the YMCASports.com website or any data feeds, and services provided to you on, from or through the YMCASports.com website (collectively the "Service") you signify your agreement to these terms and conditions (the "Terms"). The Y reserves the right to modify the Terms at any time. You should check the Terms periodically for changes. By using the Service after we post any changes to the Terms, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to any of these Terms, please do not use this Service.

  1. WHO MAY USE THE SERVICE
    You affirm that you are either above the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
  2. SCOPE OF TERMS
    The Terms apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" refers to text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and any other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of the YMCASports.com platform, including but not limited to all products, software and services offered via the YMCASports.com website. These Terms, and any rights and licenses granted hereunder, may not be transferred to or assigned by you, but may be assigned by The Y without restriction.
  3. GENERAL USE OF THE SERVICE-PERMISSIONS AND RESTRICTIONS
    The Y hereby grants you permission to access and use the Service as set forth in the Terms, provided that: A. You agree not to distribute in any medium any part of the services or the Content without The Y's written authorization, unless The Y makes available the means for such distribution through functionality offered by the Service. B. You agree not to modify or alter any part of the Service. C. You agree not to access Content through any technology or means other than those authorized by The Y. D. You agree not to use the Service for any of the following commercial uses unless you obtain The Y's prior written approval: • the sale of access to the Service; • the sale of advertising, sponsorships or promotions placed within the Service or Content; or • the sale of advertising, sponsorships, or promotions placed on any page of an adenabled blog or website containing Content delivered via the Service, unless other material not obtained from The Y appears on the same page and is of sufficient value to be the basis for such sales. E. Prohibited commercial uses do NOT include: • showing videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in section 3.D; or • any use that The Y expressly authorizes in writing. F. If you use The Y Uploader, you agree that it may automatically download and install updates from time to time from The Y. These updates are designed to improve, enhance and further develop the Uploader and make take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (permit The Y to deliver these to you) as a part of your use of the Uploader. G. You agree NOT to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to The Y servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, The Y grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Y reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes any users of the Service with respect to their Content. H. In your use of the Service, you will comply with all applicable laws. I. The Y reserves the right to discontinue any aspect of the Service at any time
  4. ACCOUNT
    In order to access some features of the Service, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Y immediately of any breach of security or unauthorized use of your account. Although The Y will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Y or others due to such unauthorized use.
  5. ACCOUNT TERMINATION POLICY
    The Y will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat intellectual property infringer. The Y reserves the right to decide what Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, obscenity, or excessive length. The Y may at any time, without prior notice and in its sole discretion, remove such Content and/ or terminate a user's account for submitting such material in violation of these Terms.
  6. USE OF CONTENT
    The following restrictions apply specifically to your use of Content: A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to The Y, subject to the copyright and other intellectual property rights under the law.
  7. B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You shall NOT download any Content unless you see a "download" or similar link displayed by The Y on the Service for that content. You shall NOT copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of The Y or the respective licensors of the Content. The Y and its licensors reserve all rights not expressly granted in and to the Service and the Content. C. You agree NOT to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict the use or copying of any Content or enforce limitations on use of the Service or the content therein. D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that The Y is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Y with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless The Y, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
  8. CONTENT AND CONDUCT
    A. As an account holder you may submit Content to the Service, including videos and user comments. You understand that The Y does not guarantee any confidentiality with respect to any Content you submit. B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to The Y all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms. C. To be clear, you retain all of your ownership in your Content. However, by submitting Content to The Y, you hereby grant The Y a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and The Y's (and its member associations', successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each use of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service, and under these Terms. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that The Y may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in use comments you submit are perpetual and irrevocable. D. You further agree that Content you submit to the Service will not contain third-party copyrighted material, or material that is subject to other third-party propriety rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to The Y all of the license rights granted herein.
  9. LINKS
    The Service may contain links to third party websites that are not owned or controlled by The Y. The Y has no control over, and assumes no responsibility for, the content, private policies, or practices of any third-party websites. Furthermore, The Y is not responsible for the availability of any other website to which the Service links. In addition, The Y will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve The Y from any and all liability arising from your use of any third-party website. Therefore, under no circumstances will The Y be held liable, directly, or indirectly, for any loss or damages that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. We encourage you to be aware when you leave the Service and to read the terms and conditions and private policy of other websites that you visit.
  10. DISCLAIMERS
    You agree that your use of the Service shall be at your own risk. To the fullest extent permitted by law, The Y disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The Y does not warrant that any functions contained in the website or servers will be uninterrupted or error-free, that defects will be corrected, or that the website or server that makes them available are free of viruses, bugs, trojan horses, or other harmful components. The Y makes no warranties representations about personal injury or property damage, in any nature whatsoever, resulting from your access to and use of the Service, or any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. The Y does not make representations regarding the use or the results of the use of services or materials on the Service in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair or correction to your system. The Y does not endorse, warrant or guarantee any products or services offered on the Service. The Y is not party to, and does not monitor, any transaction between users and third-party providers of products or services.
  11. LIMITATION OF LIABILITY
    In no event shall The Y, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting form any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information, bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Services (iv) any third party, and/ or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that The Y shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage form the foregoing rests entirely with you. In no event shall the total liability to you by The Y or any of The Y's licensors or suppliers for all damages, losses and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Service.
  12. NO PERSONAL ADVICE
    The information contained in or made available through the Service cannot replace or substitute for the services of trained professionals in any field, including, but not limited to medical or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. The Y makes no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Service. The Y will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness, or death.
  13. PRIVACY POLICY
    The Y is committed to protecting your privacy and security and have explained in detail the steps taken to do so. The Y urges you to read its Privacy Policy.
  14. INDEMNITY
    To the extent permitted by applicable law, you agree to defend, indemnify and hold The Y harmless, and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation shall survive these Terms and your use of the Service.
  15. JURISDICTIONAL ISSUES
    The Service is controlled and offered by The Y from its facilities in the United States of America. The Y makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local law.
  16. MISCELLANEOUS
    These Terms will be governed by and constructed in accordance with the laws of the State of Illinois, without regard to any principles of conflicts of law. You agree that any action of law or inequity that arises out of or relates to the Terms will be subject to binding arbitration in accordance with the Illinois Arbitration Association and will be arbitrated in Chicago, Illinois. If any of the Terms is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms and will not affect the validity and enforcement of the remaining provisions. This agreement may be modified only by our posting of changes to the Terms, or by a writing signed by both parties. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or of any other term, and The Y's failure to assert any right or provision under these Terms shall not constitute a waiver of such a right or provision. This is the entire agreement between you and The Y relating to the subject matter it contains
  17. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
    A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512 (c)(3) for further detail): • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate, and under penalty of injury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the copyright Agent: • Your physical or electronic signature; • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; • A statement that you have a good faith belief that the Content was removed or disabled as a result or mistake or a misidentification of the Content; and • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, Illinois, and a statement that you will accept service of process form the person who provided notification of the alleged infringement. All DMCA notices should be sent to our designated agent as follows: National Council of Young Men's Christian Associations of the United States of America 101 North Wacker Drive Ste. 1600 Chicago, IL 60606 trademarks@ymca.net If a counter-notice is received by the Copyright Agent, The Y may send a copy of the counternotice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored in 10 to 14 business days or more after receipt of the counternote, at The Y's discretion.