Water Polo Prospects Logo

Terms and Conditions

Introduction

Welcome to our website, Water Polo Prospects.com, a social utility that connects athletes with recruiters. The Water Polo Prospects service and network (collectively, the "Service") are operated by Water Polo Prospects LLC. Use of this Service for any other purpose, including but not limited to, reproducing and storing in a retrieval system by any means, electronic or mechanical; photocopying; or using the addresses or other information contained in this Service for any private solicitation or commercial or political mailing is strictly prohibited and constitutes intellectual property theft. Also, the Service is provided on an as is and as available basis. Water Polo Prospects disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service.

When you use our website, you are agreeing to be bound by these Website Terms and Conditions of Use and by our Privacy Policy (collectively, the "Terms and Conditions"). If you do not agree with the Terms and Conditions, please do not use this website.

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE.

Eligibility of Use

The Service is available to athletes, recruiters and others involved in the recruiting process, who are 13 years of age or older, and is subject to the terms set forth in these Terms of Use ('Policy'). In no part of our website is it designed to attract users under 13 years of age. No Personal Information should be submitted through our website by users under 13 years of age. If a user under 13 years of age submits Personal Information to our website, we delete such Personal Information as soon as we discover it was provided by a user under the age of 13 and we do not use it for any purpose. We encourage parents to take an active role in their children's use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.

Any use of the Service, access or visit to the Service, or linking to the Service, constitutes your acceptance of the Policy. Your use of the Service indicates you accept the terms herein and agree to abide by them. Water Polo Prospects reserves the right and may, from time to time, modify the Service and the Policy. Your continued use of the Service, after modifications, indicates your acceptance of the modification and the applicability of the Policy thereto. You understand and agree that the Service is provided "AS-IS" and that Water Polo Prospects assumes no responsibility for any aspect of this Service, including but not limited to the timeliness, deletion, mis-delivery, or failure to store any user communications.

Registration

You may be asked to register on or through our website to participate in or receive various services offered by Water Polo Prospects. The availability of these services may vary, and, in the future, we may add other services that may be accessed through our website. While your use of our website is subject to the Terms and Conditions, other services offered by Water Polo Prospects may be subject to additional terms and conditions.

In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Water Polo Prospects, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

By registering on our website, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current.

Rules For Online Conduct

You agree to use the Service in accordance with the Policy, that you (and not Water Polo Prospects) shall be responsible for any information, data, text, music, photographs, etc. ("Content") that you post, email, or otherwise transmit through use of the Service.

You additionally agree that in your use of this Service you will not:

  • Post or transmit any Content that is unlawful, threatening, abusive, libelous, defamatory, tortious, obscene, vulgar, pornographic, harassing, profane, invasive of another's privacy or indecent, or bigoted, hateful or racially, ethnically, sexually or otherwise offensive;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Post or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • Disrupt others' normal use of the Service;
  • Post or transmit any information, software or other material which contains a virus or other harmful component;
  • Post, transmit, or in any way exploit any information, software or other material for commercial or political purposes or which contains advertising, including but not limited to "junk mail" or "pyramid schemes", or any other form of solicitation;
  • Use the Service to collect or store personal data about other users;
  • Attempt to access or access another user's account or attempt to access areas for which you are not authorized; and
  • Interfere with or disrupt the Service or servers or networks connected to the Service, and/or the use of other service providers, or not adhere to or abide by any policies, procedures, or regulations of networks connected to the Service.

You agree that you will not use the Service, including the information provided herein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Water Polo Prospects, at its sole and absolute discretion, shall determine whether any information transmitted, collected, or received violates this provision. You understand that Water Polo Prospects has no obligation to monitor, and does not pre-screen Content. However, Water Polo Prospects has the right (but not the obligation) to refuse to post or to remove any Content, in whole or in part, that in Water Polo Prospects's sole and absolute discretion are objectionable or in violation of the Policy. You acknowledge that Water Polo Prospects reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service, for operational and other purposes.

You also agree and understand that Water Polo Prospects may preserve and disclose Content/information if in Water Polo Prospects's sole discretion such is reasonably necessary to: (a) comply with law; (b) enforce the terms of this agreement; (c) respond to claims that a user has violated the rights of third-parties, or (d) protect the interests, property, safety of Water Polo Prospects, its users, or others. Use of the Service constitutes consent to such monitoring.

Submissions To Our Website

By using our website and posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our website, you represent and warrant that you own the entire right, title and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent and release herein), and that such User Materials: (i) are original and have not been copied in whole or in part from any other work; and, (ii) do not violate, infringe and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights.

You hereby grant to Water Polo Prospects and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of the foregoing (collectively, "Water Polo Prospects Parties"), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sub-licensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode such User Materials, in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the Internet, in publications and advertisements, at scouting/recruiting events and in kits distributed to the media. You further hereby irrevocably consent and allow the Water Polo Prospects Parties to use and share the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in such User Materials (collectively "Names and Likenesses"). You also hereby irrevocably waive as against the Water Polo Prospects Parties all moral rights and rights of restraint in such User Materials.

You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify the Water Polo Prospects Parties from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys' fees), that you, or any third party, shall or may have arising out of or in connection with the use of such User Materials and/or Names and Likenesses as provided herein. The license, consent and release herein is binding upon you and your heirs, executors, administrators, successors, licensees and assigns.

You acknowledge that Water Polo Prospects reserves the right to display advertisements in connection such User Materials, to display such User Materials with similar materials from other users and to use such User Materials for marketing, promotional and advertising purposes. You further acknowledge that Water Polo Prospects has the right, in our sole discretion, to prescreen, pre-approve, refuse and/or remove from our website, without prior notice, any User Materials, including without limitation User Materials that violate the Terms and Conditions.

Intellectual Property

Unless otherwise indicated, Water Polo Prospects owns all copyrights in the materials on this Service. You may print and download portions of materials from the different areas of this Service solely for your own noncommercial use. Any redistribution, resale, retransmission, or publication of the copyrighted material posted on this Service is strictly prohibited without the express written consent of Water Polo Prospects. You agree not to change or delete any proprietary notices including copyright and trademark symbols or other notice from materials downloaded from the Service.

All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our website, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and "look and feel" of our website, and the software comprising and/or embodying the foregoing, are owned, controlled or licensed by or to Water Polo Prospects, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws.

You may not, without limitation, copy, reproduce, republish, download, print, post, broadcast, record, mirror, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of our website, Water Polo Prospects Content, or Water Polo Prospects recruiting tools/features, except as follows: (i) you may download the Water Polo Prospects Content to your website viewing device for the purpose of viewing it; and, (ii) you may print portions of our website and the associated Water Polo Prospects Content for your personal informational use as long as the printed portions are not subsequently modified or altered in any way. Any use other than as permitted under the Terms and Conditions may be undertaken only with the prior written authorization of Water Polo Prospects.

Indemnification

You agree to defend, indemnify and hold harmless Water Polo Prospects and its directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use or misuse of the Service, including but not limited to any Content posted or transmitted by your use of the Service, your violation of the terms of Service or your infringement of any intellectual property right of another.

Member Disputes

You are solely responsible for your interactions with other Water Polo Prospects users. Water Polo Prospects reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND POLORECRUITS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY. ADDITIONALLY, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR RELIABLE.

WE DO NOT WARRANT THAT OUR WEBSITE, ITS SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE WE USE ALL REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS WITHIN OUR WEBSITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION, WE DO NOT WARRANT THAT THE INFORMATION ON OUR WEBSITE WILL BE FREE FROM ERRORS OR OMISSIONS.

WE DO NOT WARRANT THAT OUR WEBSITE WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION. ACCESS TO OUR WEBSITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE FOR REASONS BEYOND OUR CONTROL.

Limitation of Liability

IN NO EVENT SHALL POLORECRUITS, AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF POLORECRUITS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE USER HEREBY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT POLORECRUITS AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL POLORECRUITS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICE.

General

These Terms and Conditions set forth the entire agreement between Water Polo Prospects and you with respect to the Service. If any provision of the Terms and Conditions shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. The Terms and Conditions and the relationship between Water Polo Prospects and you are governed by the laws of the State of Missouri without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction). Any claim or cause of action arising out of or related to use of this Service or the Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred. Exclusive jurisdiction shall be in the courts located in the State of Missouri, and you agree to submit to the personal jurisdiction of such courts in the State of Missouri and agree to waive any objection to the laying of venue of any such proceeding in such courts.

Last updated: November 30th, 2018