COLLECTION OF INFORMATION
As you navigate the Site, ClubSetup or its affiliates may be collecting or tracking personal information, either by asking you to tell us something about yourself (for example, when you input your name, address, and e-mail address during the registration process) or by using data-tracking software that tells us what advertisements or parts of the Site have been of interest to you. Information about your activities may also be collected on an aggregate (i.e., group) basis, where we will not know or keep track of precisely who you are. ClubSetup or its affiliates may use this information, personal and aggregate, to tell you and other users about products or services that may be of interest to you. However, please note that ClubSetup will not sell or otherwise distribute any of your personal information without your prior consent. Personal information may be used to contact you again, either by electronic communication (such as e-mail) or by regular mail or telephone. The more information you volunteer, the better ClubSetup can create a personalized experience for you when you visit the Site, and be able to tailor our services to your needs.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
ClubSetup will not rent, sell, or share personal information about you with other people or non-affiliated companies except in the following scenarios:
User Permission or Consent - Unless you give us your consent, we will not disclose your personal information to third parties for their direct marketing purposes. With your consent, we may disclose your personal information to third parties so that they may provide you with products and services that you have requested.
Third Party Service Providers – We may share personal information with third party vendors, consultants, and other service providers who assist us in operating and managing the Site or our business and who need access to such information to carry out their work for us. In the event that we use third party vendors to assist us in performing any such function, the third parties may not use or disclose your personal information for any other purpose.
Business Transfer - Information about our users, including personal information, may be disclosed and transferred as part of any merger or acquisition, creation of a separate business to provide Site services or fulfill products, sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company.
Protection of Users and ClubSetup - We may release personal information in the good faith belief that release is appropriate and necessary to comply with legal process or authority (e.g., a lawful subpoena, warrant or court order); to enforce or apply our policies; to initiate, render, bill, and collect for amounts owed to us; to protect our rights, property, or personal safety of ClubSetup, our users, our employees, or the public; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. We will notify you before disclosing your information for purposes of responding to legal process
CHILDREN AND CLUBSETUP
ClubSetup's goal is to provide ClubSetup visitors with a unique, safe and entertaining experience.
ClubSetup is concerned about the safety of children who visit ClubSetup. We take careful measures to ensure that their protection is safeguarded; particularly in those areas dedicated to children. ClubSetup takes the following steps to protect children's privacy:
- We clearly mark advertisements so children will not mistake them for content. We encourage children to ask your permission before clicking on ads.
- We set guidelines for appropriate advertising content.
- We NEVER ask for personally identifiable information.
- We post only child-appropriate content on ClubSetup.
5. We will never require a child to disclose more information than is reasonably necessary to participate in an on-line activity.
Although we do our best to scrutinize all ads and the sites they link to, it is not always possible to keep up with the changes that frequently occur on the Internet. For this reason, parents are strongly encouraged to monitor their children's online activity.
Parents are also encouraged to consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission.
ClubSetup is meant to be a site that children and youth can visit to enhance their participation in amateur sports. However, we always strongly advise children to get their parent's or guardian's permission before submitting any kind of personal data over the Internet and we urge parents to discuss with their children restrictions regarding the online release of personal information to anyone they don't know. ClubSetup urges parents and legal guardians to monitor their children's Internet activities. Only a child's parent or guardian can make sure their child's online experience is fun, entertaining, and within that parent or guardian's guidelines and judgment. Many web sites link to ClubSetup and ClubSetup may link to the web sites of other entities which provide information related to team sports products and services which ClubSetup considers to be of interest to its web site visitors. ClubSetup is not able to control what information may be contained on a linked site. Children should always check with a parent or legal guardian before linking to any new sites.
The Children’s Online Privacy Protection Act (“COPPA”) requires that we (a) inform parents and legal guardians about how we collect, use and disclose personal information from children under 13 years of age, (b) obtain the prior verifiable consent of parents and guardians in order for children under 13 years of age to use certain features of the site, (c) do not collect more information than is reasonably necessary for a child to participate in a given activity on this site and (d) provide the parent with the ability to review and delete the information collected about their child. When we use the term “parent” in this Kids Policy, we mean to include legal guardians.
ADDITIONAL PRIVACY POLICIES RELATED TO KIDS
Once we know that a user attempting to register for the Service is under the age of 13, we do not collect personal information from that user unless they complete registration on the site with prior verifiable parental consent, except as permitted in accordance with applicable law. For example, we may collect a name and email address to the extent reasonably necessary to protect the safety of a child participant on the Site, to protect the security or integrity of the Site, to take precautions against liability, to respond to judicial process or to provide information to law enforcement agencies or for an investigation on matters related to public safety. In addition, we may collect a child’s email address provided that in certain circumstances we may be required to notify parents that we have collected such information and give parents the opportunity to request that we make no further use of such information. The child’s name and parent’s email address may also be collected in order to obtain parental consent.
Parents and kids should note that any information that kids post to message boards or other interactive activities will be accessible by other users of these activities with whom the kids allow to access their profile and could be used to send the kid, or anyone else identified in the information posted by the kid, unsolicited messages. Kids should not post any personally identifiable information, including, without limitation, names, phone numbers, or email addresses, in connection with any interactive activities. Parents should talk to their children about not posting personal information in connection with their participation in interactive activities on the Site. Parents have the right to consent to our collection and use of personal information from their child without also consenting to our disclosure of such information to third parties (except for disclosures to third parties who provide support for the internal operations of the Site and who do not use or disclose that information for any other purpose). Parents will be given the opportunity to exercise this right by indicating their intention to do so when providing their consent to their kid’s registration (as described below). Note that all sites that are directed to children under 13 are prohibited by law under COPPA from conditioning a kid’s participation in an online activity on the kid’s providing more personal information than is reasonably necessary.
TIPS FOR A SAFE WEB EXPERIENCE
- When using any feature that allows you to enter text, never give out personal information, such as your last name, home address, phone number, social security number, or the name and location of your school or favorite place to hangout.
- Your group and personal passwords are your secret. Keep your password safe.
- Only upload and add content you don’t mind other people seeing. If you’re not sure whether you should upload or say something, then don’t.
- Kids, never agree to meet someone you met online without first asking your parents. If your parents are OK with it, meet in a public place and bring your mom or dad along.
- Don’t respond to any messages that in any way make you feel uncomfortable. It’s not your fault if you get a message like that. Tell us atwww.clubsetup.com and we will take care of it for you.
- If someone sends you something to download, check with your parents. You never want to download anything or install software provided to you from people you don’t know.
- If anyone makes you feel unsafe anywhere online, tell someone you trust. Ask them to help you report the event to the Web site or proper authorities.
- Finally, display good sportsmanship here and across the Internet. Be an example and don’t do anything that might hurt someone’s feelings.
COOKIES AND WEB BEACONS
“Web Beacons” (also known as Internet tags, pixel tags, single-pixel GIFs, clear GIFs, invisible GIFs, 1-by-1 GIFs, and Web bugs) are tiny graphic files placed on a Web page which send a signal when a user has visited that page, allowing the site to collect standard access information, such as time and date of a page view, and a description of the page on which the Web beacon resides. We use Web beacons to help manage the effectiveness of our online advertising and to gather access information, such as counting the users who have visited those pages and compiling aggregated statistics about site usage.
You may only access certain areas of the site or use certain features if you have registered with ClubSetup and obtained a user name and password. During the registration process, you will be required to submit your first and last name, e-mail address, zip code and age range. ClubSetup uses the information submitted during registration to personalize your experience. By properly registering with ClubSetup, you will be able to access all areas of the Site, use Site communication tools like Chat Rooms, bulletin boards and e-mail and receive information that may be of interest to you.
If you do not wish to receive any communications from ClubSetup, you have the right to select the "opt out" option during the registration process or at any time afterwards. You may "opt out" by clicking on the box marked "I do not wish to receive special communications from ClubSetup" when you register for an account or at any time afterwards by contacting us at www.clubsetup.com. If, at any time, you want to update, correct or amend any information you previously have given us, contact us at www.clubsetup.com and provide us with the updated or correct information. This opt-out and amendment procedure applies only to data collected by ClubSetup.
USE OF CLUBSETUP
Use of the ClubSetup Site is conditioned on your provision of requested information in an accurate and truthful fashion. If you choose not to provide such information, you may not be able to access some or all of the Site. You may cancel your account at any time by calling ClubSetup at the telephone number set forth at the bottom of this page, or by sending an e-mail to ClubSetup at www.clubsetup.com. Once ClubSetup has finished processing the cancellation, ClubSetup will delete all your Registration Data from its database. Although ClubSetup will use all reasonable efforts to safeguard the confidentiality of the Registration Data, transmissions made by means of the Internet cannot be guaranteed to be secure. ClubSetup assumes no liability for disclosure of Registration Data due to errors in transmission or unauthorized acts of third parties.
CALIFORNIA PRIVACY RIGHTS
California Civil Code section 1798.83 permits customers who are California residents to request certain information regarding disclosure of personal information to third parties for their direct marketing purposes. We do not provide your personal information to any third party for their direct marketing purposes without your consent. If you would like more information with respect to your privacy rights under California law, you may contact us at the information listed below.
TERMS AND CONDITIONS OF USE
All text, graphics and multimedia content available from the entry point URLhttp://www.ClubSetup.com and pages within that domain (the “Site”) and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this site are the property of ClubSetup and/or its affiliates. All material on this Site, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by ClubSetup or by other parties that have licensed their material to ClubSetup (or posted to the Site pursuant to a user agreement with ClubSetup). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
“ClubSetup” and the “ClubSetup” logo are trademarks and service marks of ClubSetup. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners.
Access to the Site does not grant to you the right to reproduce, copy, or distribute (except as permitted by ClubSetup or ClubSetup-provider user Web pages through the standardized ClubSetup selection process) by any means, method, or process whatsoever, now known or hereafter developed, any of the information, video, musical compositions or sound recordings transmitted through the Site, including (without limitation) transferring or downloading them to a computer hard drive, or otherwise copying them onto any other storage medium.
ClubSetup has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site infringes on the intellectual property rights of any other individual or entity, please contact ClubSetup immediately. Pursuant to the Digital Millennium Copyright Act, ClubSetup has a registered agent to receive copyright infringement claims.
You may notify ClubSetup of alleged intellectual property rights infringement by contacting ClubSetup’s Designated Agent at:
Name: Catanese & Wells, A Law Corporation
Address: 31255 Cedar Valley Drive, Suite 213, Westlake Village, CA 91362
Telephone Number: (818) 707-0407
LINKS/USE OF MATERIALS
Links to Other Sites: This site may contain links to web sites operated by third parties. ClubSetup provides these links for your convenience only. We do not control such web sites and are not responsible for their contents. ClubSetup’s inclusion of links to such web sites does not imply any endorsement of the materials on such web sites or any association with their owners or operators.
Links to ClubSetup: ClubSetup welcomes links to www.ClubSetup.com. You may not, however, state or imply any sponsorship or endorsement of your site by ClubSetup, unless you have received our written approval to do so. You may use ClubSetup logo in order to create a link to ClubSetup from your web site. This is a limited license to use the ClubSetup logo solely for the purpose of creating such link. You may not vary the appearance of the logo, or any trademarks used in connection with the logo, in any way. You will replace or remove a logo that ClubSetup determines is not an appropriate display or use of ClubSetup marks. You may not use on your site any ClubSetup trademarks, service marks or copyrighted materials or frame or otherwise incorporate any portion of the ClubSetup site into another web site.
Use of Other ClubSetup Materials: In addition to the limited license to use the ClubSetup logo, you may download our graphics and text for personal use, but you may not, under any circumstances, without ClubSetup’s express written consent, use them for commercial purposes or public display. (Please see “Commercial Purposes Use” below). You are not permitted to download any other ClubSetup material, including code or software, for any purposes whatsoever. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute the ClubSetup materials in any way.
Commercial Purposes Use: Before you use any of the ClubSetup materials for commercial purposes, you must receive ClubSetup’s express written consent. In order to obtain that consent, please send an e-mail to www.ClubSetup.com with the following information: (a) your name, position, organization, address and telephone number; (b) the ClubSetup content, text or graphics you want to use; (c) where, how and when you will be using the materials; (d) to whom the materials will be distributed, in what amount and for what purpose; and (e) other information that will be included with the ClubSetup material. We will send you an e-mail letting you know whether or not we grant permission for your use of the material. This decision will be made at ClubSetup’s sole discretion.
If you do use ClubSetup materials, you may not remove any copyright or proprietary notices from the materials and you must comply with any proprietary notice guidelines on this Site.
TERMINATION OF SERVICE
We may terminate or suspend your access to the Site at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Site stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON CLUBSETUP’S SYSTEMS MAY NOT BE RETRIEVED LATER. This provision does not apply, however, to data stored by users under the age of 13 in the event that a parent of that child is requesting retrieval and/or deletion of that information.
SUBMISSIONS/USE OF SITE COMMUNICATION TOOLS
You agree not to use the Site Communication Tools: (1) in connection with chain letters, junk e-mail, junk phone messages, junk faxes, spamming, or any duplicative or unsolicited messages (commercial or otherwise); (2) to harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) to create a false identity or forged e-mail, telephone, or facsimile address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin messages; (4) to transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature; (5) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity; (6) to libel, defame or slander any person or entity, or infringe any person’s publicity or privacy rights; (7) to transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (8) to violate any U.S. law regarding the transmission of technical data or software exported from the United States; (9) to interfere with or disrupt networks connected to the Site Communication Tools or violate the regulations, policies, or procedures of such networks; (10) to attempt to gain unauthorized access to the Site Communication Tools, other accounts, computer systems, or networks connected to the Site Communication Tools, through password mining or any other means; (11) to interfere with another person’s use and enjoyment of the Site Communication Tools or the Site or another entity’s use and enjoyment of similar services; (12) to solicit funds via the telephone utilizing computer automated voice; or (13) to engage in any other activity that ClubSetup reasonably believes could subject it to criminal liability or civil penalty or judgment. You will defend and indemnify ClubSetup and any of its suppliers, partners or affiliates for any loss or damage they may suffer as a result of your breach of this provision.
MODIFICATIONS TO TERMS AND CONDITIONS
NO WARRANTIES / LIMITATION OF LIABILITY
ClubSetup intends for the information contained on its Site to be accurate and reliable; however, errors sometimes may occur. In addition, ClubSetup may make changes and improvements to the information provided herein at any time.
CLUBSETUP PROVIDES ITS SITE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLUBSETUP, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “CLUBSETUP PARTY,” AND COLLECTIVELY, THE “CLUBSETUP PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE CLUBSETUP PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL ANY CLUBSETUP PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE, EVEN IF SUCH CLUBSETUP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES PROVIDED THEREBY, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CLUBSETUP PARTY WITH RESPECT TO THE SITE OR YOUR USE THEREOF, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. CLUBSETUP MAY CHANGE THE SITE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF THESE TERMS AND CONDITIONS, THE CLUBSETUP PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THESE TERMS AND CONDITIONS, CLUBSETUP IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, ClubSetup, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions by you. ClubSetup reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with ClubSetup in asserting any available defenses.
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
ClubSetup may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. The failure of ClubSetup to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.