Terms and Conditions
Last updated: August 02, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for
election of directors or other managing authority.
- Country refers to: the State of Maryland, United States of America.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to OzTech Media, LLC, 402 S. Brown St., Unit J Fruitland, MD 21826.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Website.
- Terms and Conditions (also referred as "Terms") mean the terms, provisions, obligations, and conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to UA Next , accessible from www.uanext.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You should not access or use the Service.
You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
Your Right to Post Content:
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to
any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the
Service, who may also use Your Content subject to these Terms.
- You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service
does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by
You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited
to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to
damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the
right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the. Company cannot control all content posted by users
and/or third parties on the Service, and, therefore, you agree to use the Service at your own risk. You understand the assumption of such risk by using the Service.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the
failure to successfully restore Content to a usable state.
You are responsible to maintain a complete and accurate copy of any Content in a location independent of the Service.
Sharing of Your Information
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices About Your Information” section below.
Remember, our Service allows you to connect with others and share information about yourself with other individuals and organizations. Your information, including your name, photo, and other personal information, may be available
publicly to other members of the Service by default and may be searchable by search engines which may display certain of your information publicly. Also, remember that organizations and other third parties that use the Website or
Services may have their own data collection and use policies that the Website does not control, even in situations where the Website may access or maintain such data on behalf of the organization. Please review the privacy policies
of any third party organization before sharing your personal information with that organization.
We may also share your personal information with:
A. Other companies owned by or under common ownership at the Website. These companies will use your personal information in the same way as we can under this policy;
B. Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, billing, payment processing,
content or service fulfillment, providing research and analytic services, website hosting, transaction fulfillment, database maintenance, contest, sweepstakes and promotion administration, fraud prevention, technology services and
platforms, identity management and acquisition and conversion services.
C. Trusted business partners who may use your information to contact you about opportunities that may be of interest to you.
D. Other users of the Website Service. Your information, including both information you provide and information we have collected about you from other users, may be searchable by or made available to other users of the Service.
These users may contact you via email or, with your consent, via text messages. Once your information has been shared with another user of the Service, that user may use and maintain copies of your information outside of the
Service. You may be able to control some elements of data sharing through your settings.
E. The public. Any information that you voluntarily disclose for posting to the Service is viewable by other users and the public. For example, a tournament director may print a list of athletes at an event and distribute that list
to tournament attendees.
F. Other parties in connection with information about you along with a hashed or masked identifier, with third parties so they may better personalize your experience with them and the offers they send you.
G. Third parties as required by law or subpoena or to if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of government, regulatory, law enforcement, or public authorities;
other individuals; (d) protect against fraud or other illegal activity or for risk management purposes; and/or (e) permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages that we
H. We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized, hashed or tagged data with third parties.
Children's Privacy; Minors; Schools
This Website does not knowingly collect or solicit any information from anyone under the age of 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as
quickly as possible. If you believe that we might have collected any information from a child under 13, please contact us at firstname.lastname@example.org.
We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to us or anyone else over the Internet.
Minors under 18 years old, or their parents, may request the removal of information that they posted to the Website sites by contacting email@example.com. Upon such request, the Website will anonymize, or remove any content
posted by a minor, unless required by law to retain such content or information.
Schools and other organizations that are covered by state student privacy laws will be able to control the collection and processing of student data when they create and utilize certain solutions we make available to them, such as
sports team management solutions.
Your Choices About Your Information
You can also stop receiving promotional email communications from the Website by clicking on the “unsubscribe link” provided in such communications. You can also stop receiving promotional text messaging from the Website
by following the instructions to stop the delivery of such messages, which may include by replying “STOP” to the received text message. We make commercially reasonable efforts to promptly process all unsubscribe
requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security
If you have any questions about modifying your account information or changing your communication preferences, you can contact us directly at firstname.lastname@example.org.
Certain information is not searchable or viewable to other Users. This can include: analytics information about your performance on the website, notes you make on your recruiting progress, and messages you send and receive.
How long we keep your Information: Following termination or deactivation of your User account, OzTech Media, LLC may retain your profile information for a commercially reasonable time for backup, archival, or audit purposes. Please
contact us at email@example.com if you wish to remove your information.
Please be aware that we will not be able to delete any content you have shared with others on the Service or with social media sites. Please also be aware that we may be able to delete data that you provided to the Service about
yourself or others, but we may not be able to delete data about you that was provided by another user, such as a youth coach, college coach, or tournament director. By way of example, if a youth coach adds an athlete’s
information to a team roster or a college coach adds a recruit to the college coach’s list, that information cannot be deleted by the athlete once it has been shared or entered by the coach.
How We Store and Protect Your Information
Storage and Processing: Your information collected through the Service may be stored and processed in the United States or any other country in which OzTech Media, LLC or its subsidiaries, affiliates or service providers maintain
facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a
country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which OzTech Media, LLC or its parent, subsidiaries,
Keeping your information safe: OzTech Media, LLC cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all
information collected through the Service. However, no security system is impenetrable and we cannot guarantee the security of our systems. In the event that any information under our control is compromised as a result of a breach
of security, OzTech Media, LLC will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any
applicable laws and regulations.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your
notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
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):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at email@example.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country 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.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide
right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or $100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss
of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or
third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's
liability will be limited to the greatest extent permitted by law.
“As Is” and “As Available” Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on
behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied
warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the
information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the
Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a
case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you reside.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country,
and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter
nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org