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
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.
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.
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,
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
• 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
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.
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.
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.
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.
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
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
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.
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
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.
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.
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.
The Y is committed to protecting your privacy and security and have explained in detail the steps
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.
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.
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
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
• 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
• 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
• 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
• 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
Chicago, IL 60606
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.