I. General Overview
A. The Services. At its core, the Services allow players (each, a Player) to use certain sporting devices (e.g., basketballs, other balls, and related software) that evaluate a Player’s skills, and for the data related to such use to be available via the InfoMotion Website. Specifically, InfoMotion has developed sporting devices that are embedded with motion detecting devices (collectively, the InfoMotion Ball) capable of collecting raw data from the user of the InfoMotion Ball (the Performance Data) that can be used in evaluating such Player’s skills and providing diagnostic and comparable data to the Player and others including the parent or legal guardian of a Player (Parent), the coach of the Player (Coach), and the person or persons involved in the operation of and/or who control the program in which the Player is involved (Program Administrator).
In order for Players to use the Services (e.g., use the InfoMotion Ball) and to access any Performance Data, each Player (except for those Players under the age of 18) must create an online InfoMotion account by providing his/her name, e-mail address and other contact information together with his/her age, height, weight and other biographical information, plus a password. You must be 18 years or older in order to create an online InfoMotion account. If you are a Player under the age of 18, your Parent must create such an account to which you can be linked in order for the Player and/or Parent to use the Services and to access any Performance Data. Specifically, such Parent must create an account by providing his/her name, e-mail address and other contact information, together with the Player information described above, plus a password. A Parent can set-up subaccounts associated with his primary account for each such Player under the age of 18 for each child to also view his/her Performance Data.
The User is solely responsible for all of the information that he/she provides to InfoMotion as part of the registration process or otherwise, and all his/her activity on the InfoMotion Website. In this regard, User represents that all information that he/she submits is accurate, current and complete and that he/she will keep his/her information accurate, current and complete. Each party creating an account is the only and exclusive party responsible for the maintenance and confidentiality of his/her password and access to the associated account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure. Each User also agrees not to use the access information and/or the account of any other InfoMotion User except as permitted herein.
You agree that you shall have no right, title or interest (including copyright or any other intellectual property rights) in or to the Performance Data or any work which incorporates the Performance Data generated from your use of the InfoMotion Ball and/or related to your Biographical Material. Consistent with the Limitation of Liability section herein, you expressly release, discharge and agree to save harmless InfoMotion, including its agents, partners, employees, licensees, assigns and all other persons acting under its permission or authority from and against any and all claims which you have or may have for invasion of privacy, libel, defamation or any other cause of action arising out of InfoMotion’s recordal, collection, storage, reproduction, compilation, display, performance, publication and public dissemination of the Performance Data generated from your use of the InfoMotion Ball and your Biographical Material including, without limitation, by virtue of any errors that may occur.
B. Commercial Usage Prohibition. The User may only use the InfoMotion Website and the Services (and any related content, information, and material including, but not limited to, Performance Data and information or materials derived from or incorporating Performance Data) for personal, non-commercial usage. It is strictly forbidden for you to publish, reproduce, modify, change, broadcast, distribute or make the InfoMotion Website or the Services (and any related content, information and material including, but not limited to, Performance Data and information or materials derived from or incorporating Performance Data) accessible to other parties in any way, including by making them available in other Websites, online services, bulletin boards or message boards, or paper copies unless you have obtained the prior written consent of InfoMotion or unless it is expressly permitted by terms stated by InfoMotion in the InfoMotion Website.
C. Liability. It is strictly forbidden for a User to create, introduce, or advise others to create or introduce, any type of virus or malware to the InfoMotion Website or which impacts the Services, which could (or will) cause damage or other harmful effects. The content of the InfoMotion Website is only meant for informative purposes. Therefore, no information, material or content contained in this web site shall constitute advice, or substitute for professional advice. Consistent with the “Limitation of Liability” section herein, InfoMotion will not be held responsible for any damages or losses, direct or indirect, suffered by any User or other party regarding the information, material or content contained within (or referenced or linked to) the InfoMotion Website. The User is the only and exclusive party responsible for any damages, direct or indirect, that he/she may have caused to himself, InfoMotion or any other party, related to his/her usage of the InfoMotion Website or the Services.
III. Property Rights and Limitation of Liability
B. Limitation of Liability. While InfoMotion does its best to ensure the optimal performance of the InfoMotion Website and the Services, you agree that you use the InfoMotion Website and the Services, and rely on information, material and content contained in this site and/or related to the Services, at your own risk.
You acknowledge that InfoMotion, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network or the Services (and any information/data related thereto). In this regard, you also acknowledge that InfoMotion does not warrant that it backs-up any data.
InfoMotion is not responsible for the accurateness, quality, safety, or legality regarding any information, material or contents provided by advertisers, retailers or marketing partners (“Advertiser Content”), as well as any information contained in other parties’ websites.
InfoMotion is not responsible for any damage or liability resulting from and/or involving the InfoMotion Website, the Services, or Advertiser Content. InfoMotion reserves its right to freely, without presenting a justification and without liability (at any time), remove or not publish any information, material, content, text, data, images, applications or programs, that InfoMotion may edit or that may be edited by a User(s).
In no event shall InfoMotion, its parents and affiliates, together with their respective employees, agents, directors, officers and shareholders, be responsible or liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from or related to content located on (or accessible via) the InfoMotion Website, or related to your access to, or use of, or inability to use the InfoMotion Website, or the Services, even if InfoMotion has been advised of the possibility of such damages or losses. In no event shall InfoMotion, its parents and affiliates, together with their respective employees, agents, directors, officers and shareholders, be responsible or liable for any damages or liability whatsoever related to whether Player is or is not recruited, offered a scholarship, or asked to play or otherwise participate in an athletic program. Notwithstanding the foregoing, the total liability of InfoMotion, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, whether in contract, warranty, tort (including, without limitation, negligence), product liability, strict liability or any other theory, associated with any claim arising out of or relating to use or access to the InfoMotion Website for any reason whatsoever shall be limited to the cost, if any, of accessing the InfoMotion Website.
C. Links to External Websites. InfoMotion may allow the connection to a third party website. These links allow the User to leave the InfoMotion Website. External websites are not controlled by InfoMotion, which is not in any way liable for the contents of any web site link, or any connection contained in a website with a link, or any changes made on those websites. InfoMotion only supplies these links for User’s convenience, and their inclusion does not imply that InfoMotion endorses any such website.
COPYRIGHT. Copyright © 2012 InfoMotion Sports Technologies, Inc. All rights reserved.