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Welcome to the Web site at www.youthfan.com/ (the "Site") which is owned and operated by YouthFan, Inc. ("YOUTHFAN"). YOUTHFAN has created the Site for your personal enjoyment, entertainment and education. However, you are only authorized to access the Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an agreement between you and YOUTHFAN (this “Agreement”), whether or not you register as a member of the Site (“Member”). Please read these Terms of Use carefully. If you wish to become a Member and make use of the Youthfan.com services (the “Service”), please read this Agreement. If you object to anything in this Agreement or in the Privacy Policy or Children’s Privacy Policy, do not use the Site or the Service. Materials on the Site are owned by YOUTHFAN or by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and YOUTHFAN.
Any questions or comments regarding the Site, or problems with the Site should be sent to the Site Administrator at admin@youthfan.com. If you become aware of misuse of the Site by any person, please contact the Site Administrator with your concerns. YOUTHFAN reserves the right to modify or amend the Terms of Use without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
All materials contained in the Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from the Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from the Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of YOUTHFAN or unless it is expressly permitted by the Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Site. The use of materials from the Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute in digital form the online materials found on the Site can be made by contacting YOUTHFAN in writing at admin@youthfan.com
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
YOUTHFAN does not and has no obligation to, review the communications, materials, information, opinions, and other content posted or submitted by users accessing the Site (including, without limitation, in or on bulletin boards, chat rooms, community pages or other forums on the Site) (collectively, “User Generated Content”). YOUTHFAN, Inc. is not in any manner responsible for User Generated Content. YOUTHFAN does not guarantee the accuracy, integrity or quality of User Generated Content, and YOUTHFAN cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Site. You acknowledge that by providing you with the ability to access and view User Generated Content on the Site, YOUTHFAN is merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Site. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of YOUTHFAN.
Notwithstanding the foregoing, you acknowledge and agree that YOUTHFAN has the absolute right to monitor User Generated Content posted to the Site in its sole discretion. In addition, YOUTHFAN reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify YOUTHFAN in writing of any objectionable content appearing on the Site. YOUTHFAN will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.
You may not post or otherwise distribute content to the Site which YOUTHFAN in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, are for the purposes of spamming, contains any virus or other harmful component, are libelous, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of YOUTHFAN or another party, illegal, or otherwise objectionable to YOUTHFAN. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Site.
Use of User Generated ContentYou agree that YOUTHFAN is free to use any comments, information, photographs, ideas, videos or other content contained in any User Generated Content posted by you to the Site, or created by you while accessing the Site (including, without limitation, any photographs, portfolio or other materials created or submitted by you on any of the YOUTHFAN Sites), or contained in any communication you may send to YOUTHFAN, or submit to the Site without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.
If YOUTHFAN has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that YOUTHFAN is connected with, operates or controls these web sites. YOUTHFAN is not responsible for the content or practices of third party Web sites that may be linked to the Site. The Site may also be linked to other Web sites operated by companies affiliated or connected with YOUTHFAN. When visiting other web sites, however, you should refer to each such Website's individual "Terms of Use" and not rely on this Agreement.
While YOUTHFAN does its best to ensure the optimal performance of the Site, you agree that you use the Site and rely on material contained in the Site at your own risk.
The Site, and all materials on the Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that YOUTHFAN DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that YOUTHFAN, its 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.
You acknowledge that YOUTHFAN is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that YOUTHFAN is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
You agree to defend, indemnify and hold harmless YOUTHFAN, its employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of the Site, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
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.
This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts or, if appropriate, the United States District Court for the District of Massachusetts for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
YOUTHFAN will process notices of alleged infringement which it receives and will take appropriate actions as required by law. Notifications of claimed copyright infringement should be sent to YOUTHFAN's Designated Agent:
Von Bryant, Esq.
Foley Hoag LLP
155 Seaport Blvd.
Boston, MA 02210
Telephone: (617) 832-1173
Fax: (617) 832-7000
Email: vbryant@foleyhoag.com
The notification must contain the following information:
• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;This privacy policy is designed to inform users of the YouthFan website [and applications] (the “Website”) about how we gather and use personal information collected by us in connection with use of the Website. We will take reasonable steps to protect user privacy consistent with the guidelines set forth in this policy and with applicable U.S. laws. In this policy, “user” or “you” means any person using the Website, whether by browsing the Website, submitting comments, videos, articles, blog entries or other content (“Content”), registering with us by creating an account, or participating in any other activities available through the Website. BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS GENERAL PRIVACY POLICY AND OUR WEBSITE’S TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.
Personal Information: If you register to create a YouthFan account, we ask you certain personal information including your first and last name, user name, email address, password, address, gender and date of birth. In addition, when you visit the Website, our servers will automatically recognize your internet protocol (“IP”) address and if you submit Content, you may, at your option, include information (such as your name or photograph) in the Content that can be used to identify you. All of this information is referred to in this Policy as “Personal Information”.
[If you register as a user of the Website using a third-party social network account, such as Facebook Connect, we will collect information shared by the third-party network according to that third-party’s privacy policy. We are not responsible for the privacy practices of third-party social network account providers, and we encourage you to review the policies of each such provider you interact with.]
Web Tracking Information: We, and our third party service providers, may use web tracking technologies such as cookies, web beacons, pixel tags and clear GIFs in order to operate the Website efficiently and to collect data related to usage of the Website and to web and email marketing conducted by us or on our behalf. Such collected data (“Web Tracking Information”) may include the address of the websites you visited before and after you visited the Website, the type of browser you are using, your IP address, what pages in the Website you visit and what links you clicked on, and whether you opened email communications we send to you. In order to collect Web Tracking Information and to make your use of the Website more efficient, we may store cookies on your computer. We may also use web tracking technologies that are placed in web pages on the Website or in email communications to collect information about actions that users take when they interact with the Website or such email communications, and our Contractors (as hereinafter defined) may also do so. We do not correlate Web Tracking Information to individual user Personal Information. Some Web Tracking Information may include data, such as IP address data, that is unique to you. You may be able to modify your browser settings to alter which web tracking technologies are permitted when you use the Website, but this may affect the performance of the Website.
Personal Information: We will use and store Personal Information for the purpose of delivering the Website to you, and to enhance and analyze the operation of the Website. We may also use Personal Information for the internal operational and administrative purposes of the Website. We may enter Personal Information into our contact management database, and may use such database to send you marketing materials and to contact you regarding your interest in our products and services.
Aggregate Information: We will also create statistical, aggregated data relating to our users and the Website for analytical purposes. Aggregated data is derived from Personal Information but in its aggregated form it does not relate to or identify an individual. This data is used to understand our customer base and to better serve our market.
Web Tracking Information: We use Web Tracking Information to administer the Website and to understand how well our Website is working, to store your user preferences and customize the Website pages you see, and to develop aggregate, statistical information on usage of the Websites. This allows us to determine which features visitors like best to help us improve our Website, to personalize your user experience, and to measure overall effectiveness.
Email Communications: If you create an account and provide your email address, we will send you administrative and promotional emails. If you wish to opt out of promotional emails, you may do so by following the “unsubscribe” instructions in the email, or by editing your account settings as described below. All users receive administrative emails, and so you cannot opt out of them while you remain an accountholder.
Personal Information: We will not disclose Personal Information to any third party except to our Contractors who are bound by written obligations of confidentiality, or as described under “Permitted Disclosures” below.
Web Tracking Information: We disclose Web Tracking Information to Contractors, in order to analyze the performance of the Website and the behavior of users, and to operate and improve the Website. Certain Web Tracking information, such as the popularity ranking of certain pages of the Website, may be published on the Website and so disclosed to all users of the Website.
Aggregate Information: We may disclose aggregated data that does not contain Personal Information to any third parties, such as potential customers, business partners, advertisers, and funding sources, in order to describe our business and operations.
Additional Disclosures: Notwithstanding the foregoing, we reserve the right to disclose any information we collect in connection with the Website, without further notice to you (a) to any successor to our business as a result of any merger, acquisition or similar transaction; and (b) to any law enforcement or regulatory authority to the extent required by law or if, in our reasonable discretion, disclosure is necessary to investigate fraud or any threat to the safety of any individual, to protect our legal rights or to protect the rights of third parties.
Legal Exception: Notwithstanding the above, we may in any event use Personal Information and other information collected through the Website to the extent required by law or legal process, to resolve disputes, to enforce our agreements (including this Privacy Policy and the Terms of Service) with you, or if in our reasonable discretion use is necessary to protect our legal rights or to protect third parties.
We disclose Personal Information to certain third party marketing firms, who may use your Personal Information for direct marketing purposes. California law requires that you may request from us, not more than once per year, the following information: (a) a list of the categories of Personal Information that we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year; and (b) the names and addresses of all third parties that received Personal Information from us in the preceding calendar year for direct marketing purposes, and examples of the products or Websites marketed by such third parties, if known. You may submit requests for such information to us by email to requestforpricavylist@youthFan.com. If you do not want us to disclose your Personal Information for direct marketing purposes, you may notify us of that choice at any time.
If you would like your Personal Information permanently removed from our database, please contact us at privacyremoval@youthfan.com. We will promptly delete your account and you will no longer receive email from us. Your removal from the mailing list or database will not remove records of past transactions or delete information stored in our data backups and archives. Data on past transactions and data stored in backups and archives will be maintained and/or deleted in the ordinary course of our business.
You can update Personal Information, at any time by accessing the profile tab in your account online.
Security: We use reasonable security precautions to protect the security and integrity of your Personal Information in accordance with this policy and applicable law. However, no Internet transmission is completely secure, and we cannot guarantee that security breaches will not occur. Without limitation of the foregoing, we are not responsible for the actions of hackers and other unauthorized third parties that breach our reasonable security procedures.
Links: The Website may contain links to other websites. YouthFan is not responsible for the privacy practices or the content of those websites. Users should be aware of this when they leave the Website and review the privacy statements of each third party website. This General Privacy Policy applies solely to information collected by the Website.
Amendments: We may modify or amend this policy from time to time. If we make any material changes, as determined by us, in the way in which Personal Information is collected, used or transferred, we will notify you of these changes by modification of this Privacy Policy, which will be available for review by you at the Website. Notwithstanding any modifications we may make, any Personal Information collected by Youthfan.com from you will be treated in accordance with the General Privacy Policy in effect at the time information was collected, unless we obtain your consent otherwise.
Children’s Privacy: We recognize the need to provide further privacy protections with respect to Personal Information we may collect from children on our Website. Some of the features on our Website are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children's privacy, including:
Notifying parents about our information practices with regard to children, including the types of Personal Information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information
In accordance with applicable law, obtaining consent from parents for the collection of personal information from their children, or for sending information about our products and services directly to their children Limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity
Giving parents access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted
For additional information about our practices in the United States regarding children's personal information, please read the Children's Privacy Policy.
Website Visitors from outside the United States: Youthfan.com and its servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you choose to access or use the Website, you consent to the use and disclosure of information in accordance with this privacy policy and subject to such laws.
Effective Date of this policy: May 1, 2014
In addition to our General Privacy Policy, consistent with the Children's Online Privacy Protection Act ("COPPA"), this Children’s Privacy Policy is designed to inform you of YouthFan’s privacy policies and principles with respect to any users under the age of 13 (“Child”). COPPA also requires that we obtain the consent of parents and guardians (“Parents” or “You”) in order for your Child to use certain features of the Website. This Children’s Privacy Policy uses terms that are defined in the General Privacy Policy. BY ACCESSING OR USING THE WEBSITE OR ALLOWING YOUR CHILD TO ACCESS OR USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS CHILDREN’S PRIVACY POLICY AND OUR WEBSITE’S TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE AND DO NOT ALLOW YOUR CHILD TO USE THIS WEBSITE.
Your Child can surf Youthfan.com, view content, and play many games without any Personal Information being collected. We do not collect Personal Information from your Child unless he or she registers on the Website. Typically, your Child will register in order to post content on the Website. The only information we collect from your Child during our registration process is their first name, their Parent's e-mail address, their birth date, member name, and password (“Child’s Personal Information”). We collect birth dates to validate the ages of our guests. We do not collect any other personally identifiable information from your Child during our registration process. We will collect your Child’s e-mail address from you for the purpose of sending your Child e-mail related to youth sports related news and events. For example, we would send a YouthFan newsletter to your Child directly at your request. Note that all websites that are directed to Children are prohibited by law from conditioning a Child’s participation in an online activity on the Child providing more personal information than is reasonably necessary.
We may collect your Child’s Personal Information from you in order to allow your Child to participate in certain features located on our Website and within our Children’s subscription products. These features may include one to one instant message chatting, sending e-mail, posting on message boards, and other similar activities. In the course of your Child's participation in these features, your Child may also provide us additional information about himself or herself, such as the contents of his or her chat or message board postings. If you allow us to collect your Child’s Personal Information, we may link certain information collected through technology (see the "Web Tracking Information" section of our General Privacy Policy) to your Child’s Personal Information.
If your Child registers for an account, we use your e mail address to notify you of your Child’s registration request. To personalize communications to your Child regarding a specific product, we may use your Child’s first name combined with your last name and a mailing address provided by you when signing up for that specific product. We may collect your Child's e-mail address from you in order to send your Child a newsletter. In addition, your Child’s Personal Information may be collected and used to enable your Child’s participation in certain interactive features such as instant message chatting, sending e-mail, posting on message boards and other similar activities. These activities may involve disclosure of your Child’s Personal Information to third parties. In addition, we may share your Child’s Personal Information with third parties to the extent reasonably necessary to: protect the security of integrity of our sites; to take precautions against liability; to respond to judicial process; or to the extent permitted under provisions of law, to provide information to law enforcement agencies or for an investigation related to public safety.
We send you an e-mail when your Child registers and we provide you 48 hours to refuse your Child's registration. If you refuse to allow your Child’s registration, we will delete your Child's Personal Information from our database. If we don't hear back from you, we will assume that it is acceptable for your Child to be registered. Once you permit your Child to register, your Child will be able to youthfan.com products without any further notification to you.
We collect your Child’s Personal Information when he or she participates in activities such as one to one instant message chatting. Before allowing your Child to use these features, we send an e-mail to you requesting your affirmative consent to your Child’s participation. If you respond by e-mail and give such consent, we then follow that communication with an e-mail confirmation to you and will allow your Child to participate in the activity.
Before allowing your Child to use a feature of our Website that might result in the public disclosure of your Child's Personal Information to third parties on the Internet, such as posting on open message boards, we require a high level of verification to confirm that you have given permission for your Child to participate in such features. For example, we may require you to provide us credit card information, speak to a trained telephone operator or return by postal mail or fax a signed consent form. Additionally, Access to the Site or the Services for users under the age of 13 must register and submit parental or legal guardian consent through our third-party child register, Privo, Inc. at https://privo.com/.
You can, at any time, refuse to permit us to collect any additional Personal Information from your Child and request that we delete your Child’s Personal Information from your records.
You can access, change, or delete your Child’s Personal Information by logging on to your Child’s account. You will need to have your Child's member name and password. There are instructions on the login page explaining how to recover a password if your Child has forgotten it.
You can contact us to access, change, or delete your Child’s Personal Information by sending an e-mail to us at admin@youthfan.com. Please include your Child's member name and your e-mail address in the e-mail so that we can better assist you with your inquiry or request.
Security: We use reasonable security precautions to protect the security and integrity of your Child’s Personal Information in accordance with this policy and applicable law. However, no Internet transmission is completely secure, and we cannot guarantee that security breaches will not occur. Without limitation of the foregoing, we are not responsible for the actions of hackers and other unauthorized third parties that breach our reasonable security procedures.
Links: The Website may contain links to other websites. Youthfan.com is not responsible for the privacy practices or the content of those websites. You should be aware of this when your Child leaves the Website and review the privacy statements of each third party website. This Children’s Privacy Policy applies solely to information collected by the Website.
Amendments: We may modify or amend this policy from time to time. If we make any material changes, as determined by us, in the way in which your Child’s Personal Information is collected, used or transferred, we will notify you of these changes by email and by modification of this Children’s Privacy Policy, which will be available for review by you at the Website. Notwithstanding any modifications we may make, any of your Child’s Personal Information collected by Youthfan.com will be treated in accordance with the Children’s Privacy Policy in effect at the time information was collected, unless we obtain your consent otherwise. We will apply material changes in our Children’s Privacy Policy only in conformance with applicable law, including any applicable provisions of COPPA that require parental consent.
Website Visitors from outside the United States: Youthfan.com and its servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you choose to access or use the Website, you consent to the use and disclosure of information in accordance with this privacy policy and subject to such laws.
Effective Date of this policy: December 1, 2016
