Terms of Use

 

These terms and conditions (the “Terms of Use”) govern your use of New York Sports Connection’s website and mobile applications (the  “Site”).  Through your access or use of the Site, you agree to these Terms of Use and to a legally binding contract with New York Sports Connection. Do not access or use the Site if you are unwilling or unable to be bound by these Terms of Use.

A. Changes to the Terms of Use

The Terms of Use may be modified from time to time at the sole discretion of New York Sports Connection.  Revisions to the Terms of Use will be posted on this webpage, which will also indicate when the last revisions were made.  Such modifications shall become effective once posted to this webpage.  You acknowledge and agree that your access and use of this Site shall be considered an acceptance of these Terms of Use and shall include any posted revisions of the Terms of Use.

B. Restrictions on Use of the Site

     1. User Eligibility

You may not access or use this Site unless you have legal capacity and are over 18 years old (or you have the consent of a parent or guardian to access or use this Site) and you to enter into and accept these Terms of Use, and you are not currently suspended or have been banished from access and use of this Site.

     2. Registration of a User Account

To access and use certain features of our Site, users must register and create a User Account.  Your User Account is password protected.  As a user, you are accountable for the protection of your password and must notify New York Sports Connection immediately in case of unauthorized use of your User Account.  Your User Account is created for your personal, non-commercial use only.  In registering your User Account, New York Sports Connection requires that you provide us with basic information.  You must provide complete and accurate information; you may not create a fictitious User Account nor impersonate another person; you may not create multiple accounts.  For your User Name, you may create any name as long as you do not impersonate another person.

Upon registering a User Account, you agree to receive communications in connection with the Site, including e-mail newsletters. You can opt-out of these communications by unsubscribing to the newsletter by email.

     3. User Acknowledgements, Representations and Assumptions of Risk

Your User Account may provides you access to the features of our Site, including the ability to post your own content on our Site.  You are solely accountable for the content attributable to your User Account.

Should you choose to post, publish or otherwise display content on our Site:

(a) you accept all risks associated with posting, publishing or displaying your content, including other user’s reliance on it and any disclosure of information by you that causes other users to discover your identity;

(b) you represent that you either own or are authorized to use  and publish your content;

(c)  you accept any all responsibility and all liability for all activities that occur in connection with your account; and

(d) you may not in any way imply that your content is approved, endorsed or sponsored by New York Sports Connection, which accepts no responsibility or liability associated with content added by users or other third parties.

You acknowledge that you may only access or use the Site subject to these Terms of Use.  Your access and use of the Site is at your own risk.  In accessing and using the Site, you may be exposed to content that you may find inappropriate, obscene or otherwise offensive.

You acknowledge that, as part of the services on the Site, you may find posts by other users advertising, promoting, selling or otherwise informing you of services and goods provided or sold by those users or third parties, including, for example, services for private coaches, tutors or instructors.  Under no circumstances does New York Sports Connection approve, endorse or sponsor any of these third party services or goods or the information provided by them.  New York Sports Connection accepts no responsibility or liability in connection with these services, goods or information.  Furthermore, it is the responsibility of each user to properly vet, research and assess these services and goods and New York Sports Connection strongly encourages you to do so.

You acknowledge that you accept responsibility for the content you post, publish or otherwise display through your User Account.  You acknowledge that you may expose yourself to civil or criminal liability if you post, publish or otherwise display content that you knew or should have known was false, intentionally misleading, or defamatory or violates the rights of any third party, including copyright, trademark, patent, trade secret, right of publicity, right to privacy or any other proprietary right.  You acknowledge that you may expose yourself to civil or criminal liability if you post, publish or otherwise  display content that is unlawful, including but not limited to hate speech or pornography, material that is exploitative to minors, or otherwise violates or encourages the violation of any law or regulation.  Furthermore, New York Sports Connection will not, in any way, condone  behavior that amounts to cyber-bullying.

YOU HEREBY ACKNOWLEDGE THAT YOU ACCEPT ALL RISK, RESPONSIBILITY AND LIABILITY IN CONNECTION WITH YOUR CHOICE TO USE OR PURCHASE THESE THIRD PARTY SERVICES OR GOODS. YOU FURTHER ACKNOWLEDGE THAT NEW YORK SPORTS CONNECTION MAY, AT ITS SOLE DISCRETION, REPORT ANY BEHAVIOR THOUGHT TO BE UNLAWFUL TO THE NECESSARY AUTHORITIES.

     4. User Access and Suspension of Accounts

New York Sports Connection reserves the right to suspend your User Account, close your User Account and/or banish you permanently from access and use of our Site with or without cause or explanation.

     5. Modification and Suspension of Site

New York Sports Connection reserves the right to modify or suspend the Site at any time at its sole discretion without notice or liability to any Users.

C. Content

     1. Ownership of Our Content

The materials used and displayed on the Service and the Sites, including but not limited to text, photographs, artwork, visual graphics, video, music and sound, as well as trademarks,  service marks, logos and names are the property of New York Sports Connection or our affiliates, contractors or licensors.  While you may use this content for your personal, non-commercial use, you acknowledge that this content is protected by intellectual property laws and other federal and state laws.  You may not reproduce, transmit, publish or otherwise distribute any of our content or any modifications thereof without our prior express written consent or that of our affiliates, contractors or licensors.

     2. Use of Your Content

New York Sports Connection may use your content, including but not limited to text, photographs, artwork, visual graphics, video, music and sound,  in order to provide our Services, including but not limited to our public forum, newsletter, advertisements and other Services.  We may also create derivative works from your content.  Through these Terms of Use, you acknowledge and grant us the rights to use your content for any purpose without limitation and without any need for a license or payments of any fees.  New York Sports Connection may use, copy, publish, display, distribute, modify, translate, and create derivative works from your content.

     3. Advertising

New York Sports Connection and its licensees may publicly display advertisements, promotional material and other information on our Site.  Such materials may include content posted, published or otherwise displayed on our Site by you, may include derivatives of such content, and may be placed anywhere on our Site.  Users are not entitled to any compensation for such advertisements or promotions.

     4. Modification and Removal of Content

We encourage our users to enjoy all the services that we provide on the Site, including posting their own content and sharing information.  User content may not necessarily reflect the opinion of New York Sports Connection.  We reserve the right to monitor, screen, edit and/or remove user content on the  Site at our sole discretion and without notice to you.

D. Legal Indemnification

When you choose to use or access our Site, you agree to be bound by our Terms of Use and Privacy Policy and you agree to indemnify, defend, and hold harmless New York Sports Connection, its affiliates, contractors, licensors and any related companies, as well as the directors and officers, employees and agents of those companies, including all costs, liabilities legal fees and any other claims made by any third party arising out of or relating to your access to or use of the Site, any violation of the Terms of Use, any services and/or products offered or obtained by you in connection with your use or access of the Site, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.  New York Sports Connection reserves the right, at your full and sole expense, to direct and/or control the defense of any legal matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.  You agree not to settle any matter directly or indirectly affecting New York Sports connection or its affiliates, contractors or licensors without the prior written consent of New York Sports Connection or those parties.  You agree to notify us of any claims against you, or any third party using your account, arising out of or in connection with your use of the site, and New York Sports Connection will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

E. Legal Disclaimer

New York Sports Connection, its contractors or licensors shall not be liable to you OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR USE OR ACCESS OF, OR YOUR INABILITY TO USE OR ACCESS, THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RELIANCE UPON, IN RESPONSE TO, OR AS A RESULT OF, ANY INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF YOUR USE OR PURCHASE OF ANY SERVICES OR GOODS LISTED, OFFERED OR MADE AVAILABLE TO YOU THROUGH THE SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST NEW YORK SPORTS CONNECTION, ITS CONTRACTORS AND LICENSORS ARISING OUT OF YOUR USE OR ACCESS OF THIS SITE.

F. Choice of Law and Venue

When you choose to use or access our Site, you agree that any claim, dispute or any cause of action that arises out of your use or access of the Site as between you and New York Sports Connection will be governed by the laws of the State of New York, without regard to conflict of law provisions.  You agree to be subject to the personal jurisdiction and venue of the federal and state courts in the State of New York and the County of New York.

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