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VarVee Terms of Use Agreement

VarVee.com has created a platform and tools that make it easier for Coaches and high school athletes, along with fans and others to develop, track and view statistics, to create player and team profiles, to upload photos and videos, and to communicate this information more easily to as many interested parties as the coaches and athletes would like to share the information with. This is all part of our goal of celebrating high school athletes in different communities around the country, combining varsity and velocity.
 
The services offered by VarVee.com ("VarVee.com", "we" or "our") include the VarVee.com website located at URL www.Varvee.com (the "VarVee Website"), and any other features, content, functionality or applications offered from time to time by VarVee.com in connection with the use of VarVee Website (collectively, the "VarVee Services"). The VarVee Services are hosted in the U.S., in Denver, Colorado.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THE VARVEE WEBSITE OR VARVEE SERVICES.  YOUR USE OF THE VARVEE WEBSITE OR VARVEE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND DISCLAIMERS.

This Terms of Use Agreement (the "Agreement") sets forth the legally binding terms for your use of the VarVee Services. By using the VarVee Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the VarVee Website) or you are a "Member" (which means that you have registered as either a coach, an athlete, or a friend on the VarVee Website). The term "USER" refers to both a Visitor and a Member. You are only authorized to use the VarVee Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations, and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree, you should discontinue use of the VarVee Services immediately. If you wish to become a registered USER, communicate with other USERs and make use of the VarVee Services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes VarVee.com's policy for acceptable use of the VarVee Services and content posted on the VarVee Website, your rights, obligations and restrictions regarding your use of the VarVee Services and VarVee.com's Privacy Policy. Unless otherwise provided by the additional terms and conditions applicable to the VarVee Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support@Varvee.com,
 
Re: Terms of Use Agreement.
VarVee.com may modify this Agreement from time to time and such modification shall be effective upon posting by VarVee.com on the VarVee Website. You agree to be bound to any changes to this Agreement when you use the VarVee Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

As a registered USER you have the ability to create a VarVee profile to share information about yourself and your team on the VarVee Website (a "Profile"). Please choose carefully the information you post on VarVee.com and that you provide to other USERs. Your Profile may not include the following items: telephone numbers, street addresses, and any photographs or videos containing harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other VarVee.com USERs (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and VarVee.com assumes no responsibility or liability for this material. If you become aware of misuse of the VarVee Services by any person, please contact support@VarVee.com.

VarVee.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posted content (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the VarVee Services at any time, for any or no reason, with or without prior notice, and without liability.

Your use of the VarVee Services is subject to the following specific terms:
 
1. Eligibility. Use of and registration for the VarVee Services is void where prohibited. By using the VarVee Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) all information you post on the VarVee Services including your Profile is truthful and accurate; (c) you will maintain the accuracy of all such information; (d) you are 13 years of age or older; and (e) your use of the VarVee Services does not violate any applicable law or regulation. Your Profile may be deleted and your USER registration may be terminated without warning, if we believe that you are under  13 years of age.  If you are under 18 years of age, you may only use the VarVee Website and VarVee Services in conjunction with, and under the supervision of, your parents or guardians.

2. Term. This Agreement shall remain in full force and effect while you use the VarVee Services or are a registered USER. You may terminate your registration at any time, for any reason, by following the instructions on the My Account section of the Edit Profile page. VarVee.com may terminate your USER registration at any time, and for any reason, without warning. Even after USER registration is terminated, this Agreement will remain in effect.

3. Fees. You acknowledge that VarVee.com reserves the right to charge fees for the use of the VarVee Services and to change its fees from time to time in its sole discretion. If VarVee.com terminates your USER registration because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of such fees.

4. Password. When you sign up to become a registered USER, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the USER account or password of another Member at any time or to disclose your password to any third party. You agree to notify VarVee.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Non-commercial Use by Registered USERs. The VarVee Services are for the personal use of registered USERs only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by VarVee.com. Illegal and/or unauthorized use of the VarVee Services, including collecting USER-names and/or email addresses of USERs by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the VarVee Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Profiles without notice and may result in termination of USER registration. Appropriate legal action will be taken for any illegal or unauthorized use of the VarVee Services.

6. Proprietary Rights in Content on VarVee.com. Except as described below, when you post content on VarVee.com, we do not claim ownership rights in the text, information, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you upload, display or publish ("post") to the VarVee Services. After posting your Content to the VarVee Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose, as does VarVee. By posting any Content on or through the VarVee Services, you hereby grant to VarVee.com and its sponsors and affiliates a non-exclusive, fully-paid, royalty-free, sub-licensable, worldwide limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content. 

  • Without this license, VarVee.com would be unable to provide the VarVee Services. The license you grant to VarVee.com is non-exclusive, fully-paid and royalty-free (meaning that VarVee.com is not required to pay you for the use on or in connection with the VarVee Services of the Content that you post), and can be licensed by VarVee (meaning that VarVee is able to share the Content with its sponsors, affiliates and subcontractors), and worldwide (because the Internet and the VarVee Services are global in reach).
  • You represent and warrant that: (i) you own the Content posted by you on or through the VarVee Services, or otherwise have the unrestricted right to grant the license set forth in this section, and (ii) the posting of your Content on or through the VarVee Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the VarVee Services.
  • The VarVee Services contain content of VarVee.com and its sponsors and affiliates ("VarVee.com Content"). VarVee.com Content is protected by copyright, trademark, patent, trade secret and other laws, and VarVee.com owns or has the right to use, and retains all rights in the VarVee.com Content and the VarVee Services. VarVee.com hereby grants you a non-exclusive, non transferrable, revocable, and limited license to reproduce and display the VarVee.com Content (excluding any software code) solely and exclusively for your personal, non commercial use in connection with viewing the VarVee Website and using the VarVee Services provided that you fully comply with these terms of use and conditions herein.  Nothing contained in the VarVee Website or VarVee Services should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the VarVee Website or VarVee Services without the express, written consent of VarVee.com
  • The VarVee Services contain Content of USERs, sponsors, affiliates, and other VarVee.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the VarVee Services.
  • This website uses services and products protected by various U.S. Patents and patents pending


7. Content Posted. You are solely responsible for (a) the Content that you post on or through any of the VarVee Services, (b) any material or information that you transmit to other USERs through the Messaging Service or otherwise, and (c) for your interactions with other USERs. VarVee.com does not endorse and has no control over the Content. Content is not necessarily reviewed by VarVee.com prior to posting and does not necessarily reflect the opinions or policies of VarVee.com. VarVee.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other USERs.

8. VarVee.com may delete any Prohibited Content (as defined below). VarVee.com assumes no responsibility for monitoring the VarVee Services for inappropriate Content or conduct. If at any time VarVee.com chooses, in its sole discretion, to monitor the VarVee Services, VarVee.com nonetheless assumes no responsibility for Prohibited Content, no obligation to modify or remove any Prohibited Content, and no responsibility for the conduct of the USER submitting any such Content.

9. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the VarVee Services ("Prohibited Content"). VarVee.com reserves the right to investigate and take appropriate legal action against anyone who, in VarVee.com's sole discretion, violates this provision, including without limitation, removing the Prohibited Content from the VarVee Services and terminating the USER registration of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of VarVee.com:

  • is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18;
  • provides any telephone numbers, street addresses, last names, URLs or email addresses other than in connection with the VarVee profile or the VarVee Services;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming" or anything similar that may exist now or in the future;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other USERs;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person's consent; or
  • uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the Profile
  • posts advertisements or solicitations of business, or
  • impersonates someone other than the author.

10. VarVee.com reserves the right to investigate and take appropriate legal action against anyone who, in VarVee.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activities include, but are not limited to activity in the sole discretion of VarVee.com that is:

  • Criminal or otherwise inappropriate, in VarVee's sole discretion, activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • Advertising to, or solicitation of, any USER to buy or sell any products or services through the VarVee Services other than someone authorized by VarVee. You may not transmit any chain letters or junk email to other USERs. It is also a violation of this Agreement to use any information obtained from the VarVee Services in order to contact, advertise to, solicit, or sell to any USER without their prior explicit consent. In order to protect our Users from such unauthorized advertising or solicitation, VarVee.com reserves the right to restrict the number of internal messages that a User may send to other Users in any 24-hour period to a number which VarVee.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, messages or other unsolicited communications of any kind through the VarVee Services, you acknowledge that you will have caused substantial harm to VarVee.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay VarVee.com $100 for each such unsolicited email or other unsolicited communication you send through the VarVee Services;
  • covering or obscuring the banner advertisements on your personal profile page, or any VarVee.com page by means of HTML/CSS or any other means;
  • any automated use of the system, such as using scripts to add friends or send comments or messages;
  • interfering with, disrupting, or creating an undue burden on the VarVee Services or the networks or services connected to the VarVee Services;
  • attempting to impersonate another User or person;
  • using the account, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your Profile;
  • using any information obtained from the VarVee Services in order to harass, abuse, or harm another person;
  • displaying an advertisement on your Profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the VarVee Services on behalf of that person, such as placing commercial content on your Profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
  • using the VarVee Services in a manner inconsistent with any and all applicable laws and regulations.

11. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of VarVee.com to terminate the User registration of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to VarVee.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the VarVee Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the VarVee Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. VarVee.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, VarVee, Inc., email: support@Varvee.com, or any other address that VarVee deems appropriate for the receipt of such information.

12. User Disputes. You are solely responsible for your interactions with other VarVee.com Users. VarVee.com reserves the right, but has no obligation, to monitor disputes between you and other Users.

13. Privacy Policy. The use of the VarVee Services is also governed by the VarVee.com Privacy Policy, which is incorporated into this Agreement by this reference.

14. Disclaimers. VarVee.com is not responsible for any incorrect or inaccurate Content posted on the VarVee Website or in connection with the VarVee Services, whether caused by Users of the VarVee Services or by any of the hardware, software or functionality associated with or utilized in the VarVee Services. Profiles created and posted by Users on the VarVee Website may contain links to other websites. VarVee.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by VarVee.com. Inclusion of any linked website on the VarVee Services does not imply approval or endorsement of the linked website by VarVee.com. When you access these third-party sites, you do so at your own risk. VarVee.com takes no responsibility for third party advertisements which are posted on this VarVee Website or through the VarVee Services, nor does it take any responsibility for the goods or services provided by its sponsors, advertisers, strategic partners or affiliates. VarVee.com is not responsible for the conduct, whether online or offline, of any User of the VarVee Services. VarVee.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Profile, Content or communication. VarVee.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, due to technical problems or traffic congestion on the Internet or on any of the VarVee Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the VarVee Services. Under no circumstances shall VarVee.com be responsible for any loss or damage, including personal injury or death, resulting from use of the VarVee Services, attendance or participation in a VarVee.com event or promotion, from any Content posted on or through the VarVee Services, or from the conduct of any Users of the VarVee Services, whether online or offline. THE VARVEE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND DOES NOT WARRANT THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT. VARVEE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.   VarVee.com cannot guarantee and does not promise any specific results from use of the VarVee Services.

15. Limitation on Liability. IN NO EVENT SHALL VARVEE, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF VarVee.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VARVEE, INC.'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER INCLUDING BUT NO LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, AND CONSEQUENTIAL DAMAGES AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VARVEE.COM FOR THE VarVee SERVICES DURING THE TERM OF YOUR USE OF THE VARVEE WEBSITE.

16. Disputes. If there is any dispute about or involving the VarVee Services, you agree that the dispute shall be governed by the laws of the State of Colorado, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Denver, Colorado. Either VarVee.com or you may demand that any dispute between VarVee.com and you about or involving the VarVee Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Denver, Colorado, USA, provided that the foregoing shall not prevent VarVee.com from seeking injunctive relief in a court of competent jurisdiction.

17. Indemnity. You agree to indemnify and hold VarVee.com, its subsidiaries, and affiliates, and their respective directors, officers, agents, sponsors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the VarVee Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the VarVee Website or through the VarVee Services causes VarVee.com to be liable to another.

18. Other. This Agreement is accepted upon your use of the VarVee Website or any of the VarVee Services and is further affirmed by you becoming a USER. This Agreement constitutes the entire agreement between you and VarVee.com regarding the use of the VarVee Services. The failure of VarVee.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. VarVee.com is a trademark of VarVee, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: support@VarVee.com with any questions regarding this Agreement. 

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