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Kids2ProSports Terms & Conditions

Last Modified: 4.1.15

Welcome to http://www.Kids2ProSports.com (K2PS), which will be used interchangeably in this document) (also t/a Kids2Pro.com and K2PS.com). We provide services (the “Services”) to you (“you” “User” or the “Member”), which may be used interchangeably in this document at our Web site (“Site”) found at http:///www.Kids2ProSports subject to the following Terms of Use. This Agreement is formed between you and K2PS for the use of K2ps’ Services. Unless expressly stated otherwise, these Terms of Use shall apply to any use of the K2PS Site, the Services, and any service, application, plug-in, component, functionality or program created or made available by K2PS.

By visiting the K2PS Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms of Use. Unless otherwise provided by the additional terms and conditions applicable to K2PS which you choose to participate, those additional terms are hereby incorporated into this agreement. K2PS is available to any and all users. However, Registrants under the age of 13 must be registered under a verifiable parental (family registration). K2PS’s is in compliance with the Children’s Online Privacy Protection Act (“COPPA”), please see our Kids Privacy Policy. For more information on COPPA please visit www.coppa.org

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

A. MODIFICATIONS TO THIS AGREEMENT.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. What constitutes a “material change” shall be at the sole and exclusive discretion of K2PS. You can find the most recent version of these Terms of Use at with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the K2PS Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised Terms of Use. Should you have any questions regarding the use of our site, please contact us at: support@K2ps.com.

B. YOUR REGISTRATION OBLIGATIONS.

We provide the Services for your personal use. You may not use the Services to conduct business without a separate written contract with K2PS. To obtain and use the Services, you will be required to register with K2PS by completing a registration form and designating a username and password. When registering with K2PS you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may not authorize any third party to access or use the Services on your behalf unless your account is registered under a Family Account. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username or password. You agree to immediately notify K2PS of any unauthorized use of your username or password or any other breach of security. K2PS cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. Furthermore, do not upload images with nudity, sexually suggestive content, content harmful to minors, graphic violence, weapons, or gang affiliation or your account will be terminated and all profile information deleted.

C. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with K2PS, you understand that we may send you communications or data from K2PS regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding K2PS products and services, via electronic mail.

D. USER CONDUCT/ACCEPTABLE USE POLICY.

You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of K2PS or others.

A. To the extent that the Services provide Users an opportunity to post content, including videos, store and exchange articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas and opinions (“User Content”), you agree to and hereby do affirm, that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and you license to K2PS all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service as well as its contractors, and the users of the K2PS Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such content, including a User’s likeness. This license does not grant K2PS the right to sell User Content however it can distribute it outside of K2PS’s Services. K2PS does not claim any ownership rights in any User Content; you continue to retain all ownership rights in such User Content. You understand and agree, however, that K2PS may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

B. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant K2PS all of the license rights granted herein.

C. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that K2PS may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

Content posted by users and other non-K2PS contributors are generally not reviewed by K2PS. You understand that K2PS does not guarantee any confidentiality with respect to any Content you submit. K2PS shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that K2PS, in its sole discretion, deems to be (a) inconsistent with K2PS’s strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable or of excessive length) and/or these Terms of Use; or (b) possibly in violation of applicable law. In addition, K2PS has the right to remove any content if K2PS has reason to believe that displaying such as any video or photo posted on the website that we find in violation of our video and photo guidelines and standards. Video and photo guidelines and standards include prohibitions against nudity or content that might be deemed offensive, inappropriate, or in violation of copyright rules and restrictions.

Similarly, we also reserve the right to remove any profile content that we find unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable content that may infringe the rights of a third party or subject K2PS to expense or liability. Please notify us at support@K2PS.com of any content that you believe might violate applicable law or your intellectual property rights.

K2PS reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit K2PS’s response to a future complaint. You acknowledge and agree that K2PS shall not assume or have any liability for any action or inaction by K2PS with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users. Additionally, K2PS reserves the right to terminate your access to and use of the Services, if, in our view, your conduct fails to meet any of the following guidelines for User conduct:

Use of the Site and The Services for commercial purposes is not permitted. K2PS reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to delete any User Content that is commercial in nature (any such User Content being "Commercial Content") or to terminate access to and use of the Services by any User who posts Commercial Content. The Site and the Services may from time to time include features available for Commercial Content, and K2PS reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to change, add, remove or selectively allow or require the use of any such features by any User who desires to post Commercial Content, as well as to amend these Terms of Use to include provisions to regulate such Commercial Content and the conduct of Users who post Commercial Content.

  1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes or degrades, the K2PS Site, computer systems and network, or the Services.
  2. You may not attempt to interfere with any other person’s use of the Services.
  3. You may not misrepresent your identity or impersonate any person, or use the account, username, or password of another User at any time.
  4. You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
  5. You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
  6. You may not attempt to charge others to use the Services either directly or indirectly.
  7. You may not cover or obscure advertisements on any page of the K2PS Site.
  8. You may not use the Services to participate in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or illegal activities.
  9. You may not engage in any illegal or unauthorized copying of another person’s copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed, copy-protect devices, (3) pirated music or links to pirated music files, or (4) otherwise violates another person’s proprietary rights.
  10. You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
  11. You may not use the Services to exploit people in a sexual or violent manner.
  12. You may not use the Services to solicit personal information from anyone under 18.
  13. You may not use the Services to solicit passwords or personal identifiable information for commercial or unlawful purposes.
  14. You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
  15. You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
  16. You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
  17. You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
  18. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
  19. You may not use the Services to harvest or otherwise collect information about others.
  20. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by K2PS in connection with the K2PS Site or Services.

E. YOUR USE OF CONTENT

In addition to the conduct restrictions above, the following restrictions and conditions apply specifically to your use of Content.

  • A.The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to K2PS, subject to copyright and other intellectual property rights under the law.
  • B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by K2PS on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of K2PS or the respective licensors of the Content. K2PS and its licensors reserve all rights not expressly granted in and to the Service and the Content.
  • C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  • D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that K2PS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against K2PS with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless K2PS, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
  • E. The other websites referenced on this site are owned and operated by their respective companies, and the associated trademarks and logos are the property of those companies. Links are provided for reference only and Kids2ProSports ® does not imply any connection or relationship between Kids2ProSports ® and these companies.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of K2PS. Should your access to and use of the Services be terminated, you have the right to appeal such termination by writing to support@k2PS.com

F. GENERAL USE OF THE SERVICE – PERMISSION AND RESTRICTIONS

K2ps hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Service or the Content without K2PS's prior written authorization, unless K2PS makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
  2. You agree not to alter or modify any part of the Service.
  3. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means K2PS may designate.
  4. You agree not to use the Service for any of the following commercial uses unless you obtain YouTube's prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from YouTube appears on the same page and is of sufficient value to be the basis for such sales.
  5. Prohibited commercial uses do not include: uploading an original video to K2PS to promote your business or artistic enterprise; showing K2PS videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section.D; or any use that K2PS expressly authorizes in writing. You are not discourage from putting the occasional K2PS video in your blog to comment on it or show your readers a video that you like, even if you have general-purpose ads somewhere on your blog. We will, however, enforce our Terms of Use against, say, a website that does nothing more than aggregate a bunch of embedded K2PS videos and intentionally tries to generate ad revenue from them.
  6. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the K2PS website.
  7. If you use the K2PS Uploader, you agree that it may automatically download and install updates from time to time from K2PS. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit K2PS to deliver these to you) as part of your use of the Uploader.
  8. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the K2PS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, K2PS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. K2PS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
  9. In your use of the Service, you will comply with all applicable laws.
  10. K2PS reserves the right to discontinue any aspect of the Service at any time.
  11. You acknowledge and agree that K2PS.com does not endorse the content of any Member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that K2PS.com does not pre-screen all content, but that K2PS.com and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any content that is publicly available via the service.
  12. You acknowledge and agree that you will not submit any content to our Links component on any Sport Home Page that could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another.

G. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.

All contents of the K2PS’s Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2010 by Kids2ProSports, LLC, and/or the proprietary property of Kids2ProSports, LLC.’s suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of K2PS and/or it suppliers, affiliates, or licensors. All rights reserved. URL’s include: Kids2ProSports.com, Kids2ProSports.net; Kids2ProSports.org; Kids2ProSports.biz; K2ps.com; K2PSports.com; Kids2Pro.com, Kids2Pro.net; Kid2Pro.com; Kid2Pro.net; the Kids2ProSports logo, and K2PS intellectual property are including without limitation, trademarks, service marks, registered domain names or registered trademarks of Kids2ProSports and My Sports Legacy may not be copied, imitated, or used, in whole or in part, without K2PS’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks that include the trademark, sales mark, or logo for, MyLifeSports.net; MyLifeSports.biz; MyLifeSports.org; Born2PlaySports.net; icompete2win.com; iPlay4Fun.com; MyChildsSportsLegacy.com; MylegacyinSports.com; MySportsLegacy.com; MySportsLegacy.net; MySportsLegacys.com; and Time2PlaySports.com; OurSportsLegacy.com; iLive4Sports.com and PlayingSports.net. Additional registered trademarks, sales marks and domains may be utilized in the future and will be added in any notification of modification in this document may be utilized in the future and will be added in any notification of modification in this document.

H. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

K2PS respects copyright law and expects Users to do the same. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, 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):

  1. (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Web site; (4) Your address, telephone number, and e-mail address; (5) 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; (6) 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. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to K2PS customer service through k2ps@k2ps.com. You acknowledge that if you fail to comply with all of the requirements of this Section (F), your DMCA notice may not be valid.

K2PS's Agent can be reached at:

Attn: Kids2ProSports Copyright Agent

P.O. Box 176

Brielle, New Jersey

08730

E-mail: copyright@K2PS.com

For more information on our policy relating to claims of copyright infringement, please contact Copyright Complaints and Removal Department at support@K2PS.com

COUNTER - NOTICE.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

  1. Your physical or electronic signature;
  2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification
  4. of the Content; and
  5. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Monmouth County, New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, K2PS may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at YouTube's sole discretion.

I. THIRD PARTY CONTENT, SITES AND SERVICES.

The Services provide access to User Content and contain features and functionalities that may link you or provide you with certain functionality and access to other third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. We are not responsible for any User Content or other third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and User Content or other third party content. You should make whatever investigation you feel necessary or appropriate before relying on any User Content or information provided on the K2PS site by any K2PS Party and before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your use of any User Content or information provided on the K2PS site by any K2PS Party and for your dealings with any third party related to the Services, including the delivery of and payment for goods and services.

J. LINKING POLICY

Any website that links to K2PS.com: (a) must not frame or create a browser or border environment around any of the Content of K2PS.com; (b) may link to, but not replicate, the Content; (c) must not imply that Company or K2PS.com are endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about Company or its products or services; € must not use any Company trademarks without the prior written permission from Company; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any page of K2PS.com, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to deny permission to link to K2PS.com for any reason in our sole and absolute discretion.

K. PROMOTIONS

K2PS may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.

L. PRIVACY.

You acknowledge and agree that K2PS may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these Terms of Use, or, in its sole discretion, to protect the rights, property, or personal safety of K2PS, its employees, users and third parties, and the public. In addition, for more information regarding K2PS’s compliance with the Children’s Online Privacy Protection Act (“COPPA”), please see our Kids Privacy Policy

M. INFORMATION AUTOMACTICALL COLLECTED

Our servers automatically collect certain non-personally identifying information, such as your computer's IP address, the type of browser in use and pages viewed as you visit our Web site. We use this information to understand how visitors navigate our site, to enhance your experiences while using our site and to make the materials we post as valuable to visitors as possible.

N. K2PS MAKES NO WARRANTIES.

K2PS intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, K2PS may make changes and improvements to the information provided herein at any time. K2PS PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, K2PS, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, AN “K2PS PARTY,” AND COLLECTIVELY, THE “K2PS PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE K2PS PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

O. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.

IN NO EVENT WILL ANY K2PS PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT, YOUR USE OF THE SOFTWARE OR SERVICE, OR YOUR RELIANCE ON ANY INFORMATION ON THE K2PS SITE PROVIDED BY ANY K2PS PARTY, USER OR OTHER THIRD PARTY, EVEN IF SUCH K2PS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION J IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY K2PS PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

P. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.

WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE K2PS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS I AND J, K2PS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Q. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless, K2PS, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you. K2PS reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with K2PS in asserting any available defenses.

R. UNITED STATES EXPORT CONTROLS.

Software available in connection with the K2PS Services is further subject to United States export controls. No software may be downloaded from the K2PS Services or otherwise exported or re-exported in violation of United States export laws. Downloading or using the Software is at your sole risk.

S. TERMINATION OF SERVICE.

We may terminate or suspend your access to the Services at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Services stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON K2PS’S SYSTEMS MAY NOT BE RETRIEVED LATER. This provision does not apply, however, to data stored by users under the age of 13 in the event that a parent, guardian or caregiver of that child is requesting retrieval and/or deletion of that information.

T. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

You agree that: (i) the Service shall be deemed solely based in New Jersey; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over K2PS, either specific or general, in jurisdictions other than New Jersey. These Terms of Service shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and K2PS that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Monmouth County, New Jersey. These Terms of Service; and any other legal notices published by K2PS on the Service, shall constitute the entire agreement between you and K2PS concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and K2PS's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. K2PS reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of New Jersey in connection with any such dispute including any claim involving K2PS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

YOU AND K2PS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

U. OTHER TERMS.

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

V. MISCELLANEOUS.

K2PS may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of K2PS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

X. DISTRIBUTING CONTENT YOU PRODUCE

Subject to K2PS.com's Privacy Policy you are licensing to K2PS.com and our third-party service providers any "content" you provide through or to K2PS.com and the service they offer. K2PS.com may modify, display, distribute and create new material using such content on K2ps.com's Sites for the promotion and marketing of our services and the operation of our system. Notwithstanding this license, K2PS.com will take reasonable precautions to help you to keep your email and voicemail messages private. By submitting content, you automatically agree, or promise, that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, K2PS.com and anyone they permit may reproduce, display, distribute, and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself.

Y. K2PS.com ADVERTISING

K2PS.com relies on advertisers to help fund the services that we offer to our Members. You agree that K2PS.com may display advertisements and promotions of all kinds in and with the services. See Media Kit

Z. ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by K2PS without restriction.

NOTICES TO Kids2ProSport.

If you have any questions about these policies, please contact Kids2ProSports at Support@K2PS.com.

Kids2ProSports is a proud member and supporter of….

National Council of Youth Sports
National Council Youth Sports
The who's who in the youth sports industry. Its membership represents more than 200 organizations/corporations serving 60,000,000 boys and girls registered in organized youth sports programs.

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