Access to the Site and use of the Services is conditioned upon your acceptance of, and compliance with, these Terms. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the Services, and you must immediately cease accessing and/or using the Services. Access to the Site and use of the Services is also conditioned on your acceptance, or in the case of a minor child, his or her acceptance and execution and the acceptance and execution of his or her parent or legally appointed guardian, of the Company’s form of liability release.
All photographs, films, video footage or other images (collectively, “Images”) are exclusively owned by the Company. All individual “GAME FILM” and “GAME FILM & HIGHLIGHTS” packages are strictly meant for individual use by the purchaser only (“Original Purchaser”). Posting of such content online (including sites such as YouTube, Facebook, Krossover, or Hudl) and/or any sharing of such content by other players, parents, clubs or anyone beside the Original Purchaser is strictly prohibited unless a license is obtained from Company.
Our Services may allow you to post, upload or otherwise place Images onto our platform (“User Content”). By posting, uploading, or otherwise placing any User Content whatsoever onto the Company’s subscription platform, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, public display, publish, republish, reformat, translate, excerpt (in whole or in part) and distribute any such User Content for any purpose, including, without limitation, commercial, advertising, or otherwise, on or in connection with the Company’s subscription platform or any of its social media accounts or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
You are responsible for any and all User Content that you post on or through the Services, including its legality, reliability, accuracy, and appropriateness. You further warrant that by posting, uploading, or otherwise placing any User Content whatsoever onto the Company’s subscription platform, that (i) you own such User Content and/or that you have the right to use it, and (ii) the posting of such User Content on or through the Services does not violate any intellectual property or proprietary rights of any person or entity, including any privacy rights, publicity rights, copyrights, or any other intellectual property or contract rights. The Company reserves all rights and defenses under Section 230 of the Communications Decency Act, including any and all immunity for defamation claims based upon such third-party or User Content. We reserve the right to terminate the account of anyone found to be infringing a third party’s intellectual property or other proprietary right.
In addition to all rights and remedies under the law, the Company reserves the right to take down, remove or otherwise delete or destroy any unauthorized User Content at its sole and absolute discretion.
The Company has the right but not the obligation to monitor and edit all User Content provided by you and any other user of the Services.
Any materials, information, and other content made available through, or created by, the Services (“NextPro Content”) is the property of NextPro and may only be used as intended as part of the Services or with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use the NextPro Content, whether in whole or in part, for commercial purposes or for personal gain, outside of its intended purposes in connection with the Services without express advance written permission from the Company.
The Company reserves the right to change the terms of this user agreement at any time, and you agree to be bound by any such changes. Please make sure that you read and understand all such changes. By purchasing any product of the Company or subscribing to the Company’s platform, you agree to be bound by terms listed herein.
By purchasing our services and/or subscribing to our platform, you agree to subscribe to any newsletters, marketing or promotional materials, and any other information the Company may send by text message, phone message, robocall, robotext, email, or other form of electronic or voice communication. You can unsubscribe from communications at any time by clicking on the “Unsubscribe” link or by following the instructions provided in those communications. If you do not wish to receive any communications from the Company, you may contact us at email@example.com, and our staff will delete you from our promotional and advertising list.
The Company reserves the right to compensate, or the right not to compensate, anyone for the use of their Images for any commercial, noncommercial, advertising or other use. Furthermore, the Company reserves the right to alter any Image or Images that are considered NextPro Content or User Content, regardless of whether the same is contained on our subscription platform or one or more of our social media accounts, to include promotional, advertising or other commercial content at its sole and absolute discretion.
Our subscription platform is offered on a paid subscription basis (“Paid Subscriptions”). If you wish to purchase any Paid Subscription, you will be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, your credit card verification code, the expiration date of your credit card, and your billing address (collectively, “Payment Information”).
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) provided by you in connection with any purchase of any Paid Subscription; and (ii) the Payment Information you supply to us is true, accurate and complete.
You understand that by purchasing a Paid Subscription your subscription will remain active until you cancel. Your Paid Subscription will automatically renew on a monthly or annual basis, depending on your selection at the time of purchase, and you will be billed automatically for such renewal. If the renewal charge fails, you will lose access to your Paid Subscription. You can cancel your Paid Subscription within the billing settings in your account details. If you cancel your Paid Subscription, you will still be able to use the product for the remaining duration of the active subscription period. All subscription payments are non-refundable.
The Company may use a third-party payment processing service for the purposes of facilitating payment and the completion of purchases of Paid Subscriptions. By submitting your Payment Information via the Site, you grant us the right to provide such Payment Information to any third-party payment processing service we use for the foregoing purposes.
We reserve the right to refuse or cancel your order for a Paid Subscription at any time for any reason in our sole discretion, including but not limited to: (a) product or service availability, (b) errors in the description or price of the product or service, or (c) error in your order for a Paid Subscription. In addition, we reserve the right to refuse or cancel your order for a Paid Subscription if fraud or an unauthorized or illegal transaction is suspected by us in our sole discretion.
Paid Subscription features may be added, removed, or altered at any time in the sole discretion of the Company.
Availability, Errors and Inaccuracies
We are constantly updating the products and services offered via the Site, and we reserve the right to modify or delete any Services at any time in our sole discretion. We may experience delays in updating information on the Site and in any advertising we do related to our products and services on third party web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Services may be mispriced, described inaccurately, or unavailable on the Site, and we cannot guarantee the accuracy or completeness of any information found on the Site.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you represent and warrant that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account user name and password (collectively, “User Credentials”), including but not limited to the restriction of access to your computer and/or your account information. You agree to accept responsibility for any and all activities or actions that occur in connection with your User Credentials. You must notify us immediately upon becoming aware of any breach of the security or unauthorized use of your account or your User Credentials.
You agree that you will not under any circumstances:
• post any information via the Services that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• use the Services for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group via the Services;
• use another user’s account without permission;
• provide false or inaccurate information when registering an account via the Site;
• interfere or attempt to interfere with the proper functioning of the Services;
• make any automated use of the Site or Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data; or
• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole and absolute discretion.
Additional Intellectual Property Provisions
As set forth above, the Services and the platform content (including NextPro Content and User Content), features and functionality are and shall remain the exclusive property of the Company. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act (“DMCA”), we will promptly respond to claims of copyright infringement that are reported to the agent we have designated to receive notifications of claims of infringement, whose contact information is:
GameTime Footage, Inc. / NextPro
225 S. Aviation Blvd
El Segundo, CA 92045
Attn: Amin Edalat
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with written notice of the claimed infringement that includes the following:
a) A physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
b) A description of the copyrighted work that is claimed to have been infringed;
c) A description of where the allegedly infringing material is located on the Site;
d) Your address, telephone number, e-mail address and any other information reasonably sufficient to allow us to contact you;
e) A statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.
We may terminate or suspend your account and bar access to the Services and our platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using the Services. If you wish to have all data in your account removed, you may contact customer support (firstname.lastname@example.org), and we will remove all data (but not Images owned by us) associated with your account.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless the Company and its licensees and licensors, and their respective employees, legal representatives, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (a) your use and access of the Services, by you or any person using your User Credentials; (b) a breach of these Terms; or (c) any User Content posted by you via the Services.
Limitation of Liability
In no event shall the Company, its affiliates, nor their respective directors, employees, partners, agents, or legal representatives be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Services; (ii) any conduct or content of any third party made available via the Services; (iii) any content obtained from your use of the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including gross negligence) or any other legal theory, regardless of whether we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. You agree that in no case shall the liability of the Company, its affiliates, and their respective directors, employees, partners, agents, or legal representatives exceed the fees paid to the Company for the use of the Services, or the amount of ten dollars ($10.00), whichever is greater.
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. THE COMPANY IS NOT LIABLE FOR LOSS OF DATA DUE TO MISUSE OF THE SERVICES.
The Company, its subsidiaries, affiliates, and its licensors do not warrant that: (a) the Services will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we may have had between us regarding the Services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the Terms as revised. If you do not agree to the revised Terms, you are no longer authorized to use the Services.
If you have any questions about these Terms, please contact us.
The Company has a no refund policy and refunds are not given for weather cancellations or partial attendance.
A credit may be issued and applied to future Company events, if the purchaser decides to cancel an order 10 or more days before the event date. All credit requests must be verified in writing and submitted via email to: email@example.com.
In the case of a medical emergency where illness or injury prevents an athlete from participating, a credit may be issued and applied to future Company filmed events. All requests must be verified in writing by a licensed physician and must be submitted via email within 5 days before or after the event to: firstname.lastname@example.org
Why did you receive an email from us?
If you received an emailing from us, (a) your email address is either listed with us as someone who has expressly shared this address for the purpose of receiving information in the future (“opt-in”), or (b) you have registered or purchased or otherwise have an existing relationship with us or one of our partners. We respect your time and attention by controlling the frequency of our mailings.
How we protect your privacy?
We use security measures to protect against the loss, misuse and alteration of data used by our system.
Sharing and Usage
We use the information we collect for a number of purposes, including to improve our website’s functionality, improve the services, communicate with users, and for internal business analysis or other business purposes. Your personal information is provided by you as part of the sign up application. We do not display your contact information publicly on our site or disclose personally identifiable information to third parties, except for when (1) we have your permission to make the disclosure, (2) the disclosure is necessary for the purpose for which the information was obtained, (3) a third party is assisting us to provide or manage the services or website, or (4) where otherwise stated in this policy. We also may disclose information where permitted by applicable law or when the disclosure is necessary, in our sole discretion, for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation.
How can you stop receiving email from us?
Each email sent contains an easy, automated way for you to cease receiving email from us, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email. If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to email@example.com for review.
In the event we are acquired by or merged or consolidated into another entity, or if there is a sale of our assets, your information may be transferred to the entity acquiring us or our assets or the entity that survives the merger or consolidation. You acknowledge and agree that in the foregoing circumstances, your information may be disclosed to such third party.
Our employees have access to your account data when needed to help provide the services of our site. Our employees may view your personal account data for a number of reasons, including to help solve a problem that you or another user is having with any part of our service, answer any questions that you may have regarding our service or website, and for internal business analysis to improve our service as well as your user experience.
For our subscription platform advertisements that may be added to User Content or NextPro Content, we do our best to avoid inappropriate or offensive ads. Advertising that you see on our subscription platform, whether added to User Content or NextPro Content, comes from various sources. An advertisement could be from a company that we partnered with directly. Alternatively, an advertisement could be provided to us by an advertising network that programmatically fills the ad slot. For ads that are provided programmatically, we do attempt to filter out sensitive or controversial categories where possible through our account settings. While we may not manually preview every ad before it is served, we periodically monitor the advertising and block any advertisement that we deem offensive or inappropriate. We are in no way responsible for the content of an advertiser's website if you choose to click on an advertisement.
California Do Not Track Disclosure
At this time NextPro does not respond to browser “Do Not Track” signals.
NextPro has a no refund policy and refunds are not given for weather cancellations or partial attendance.
A credit may be issued and applied to future NextPro events, if the purchaser decides to cancel an order 10 or more days before the event date. All credit requests must be verified in writing and submitted via email to: firstname.lastname@example.org.
In the case of a medical emergency where illness or injury prevents an athlete from participating, a credit may be issued and applied to future NextPro filmed events. All requests must be verified in writing by a licensed physician and must be submitted via email within 5 days of the event to: email@example.com