Welcome to our website, www.athleteshowcase.com (the “Website”). The Website is maintained by Athlete Showcase Properties LLC (“Athlete Showcase” or “we”) as a service to our users. By using the Website or registering for our events, you accept and agree to be bound by the following terms and conditions of use (these “Terms of Use”). Please review these Terms of Use carefully. If you do not agree to these Terms of Use, you must not use the Website and you must not register for our events.
1. General. These Terms of Use specify the terms and conditions for access to and use of the Website and also for the registration and attendance at events (each person that uses the Website and registers for our events is referred to herein as a “User” or “you”).
2. Privacy; Consent to Communications. All personal information Athlete Showcase collects through the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by Athlete Showcase with respect to any personal information that you provide through the Website in compliance with these Terms of Use and our Privacy Policy. You hereby consent to receiving communications in any form from Athlete Showcase in connection with the Website, including but not limited to the following: mail, in-app push notifications, electronic mail, telephone (landline or wireless) and text message (e.g., SMS and/or MMS communications). You hereby consent to receiving electronic communications from Athlete Showcase in connection with the Website, including the Athlete Showcase newsletter, deal offers, deal updates, electronic surveys, industry news, and Athlete Showcase updates. Furthermore, you hereby consent to receiving calls or text messages from Athlete Showcase in connection with the Website, including those made to wireless telephone numbers that are automatically dialed and/or include pre-recorded messages. Users are automatically opted-in to receive communications in any form from Athlete Showcase by providing their contact information through the Website. Users may opt-out of these communications through Athlete Showcase’s platform at any time.
3. Accessing the Website; Account Security. Athlete Showcase reserves the right to withdraw or change the Website, and any services or materials we provide on or through the Website, temporarily or permanently, at any time in our sole discretion with or without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. You agree that Athlete Showcase will not be liable to you or any third party for any modification, suspension or discontinuance of the Website or any service. From time to time, we may restrict access to portions of the Website, or the entire Website, to some or all Users. We have no obligation to provide you with any technical support in connection with your use or attempted use of the Website.
To access the Website, or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as strictly confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any portion of the Website using your account or security information. You may not share your account with any other User, regardless of whether you and that User maintain a shared brand or legal entity. You agree to notify us immediately upon becoming aware of any unauthorized access to or use of your account or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to reassign and/or disable any account or security information, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you may have violated any provision of these Terms of Use. We also have the right to merge or disable any duplicate account created, whether intentionally or unintentionally, by a User at any time in our sole discretion.
4. Ownership. The Website and all content, videos and live streams included on the Website or at any events, including but not limited to advertisements or information presented to Users through any service or advertisers, are and shall continue to be the property of Athlete Showcase or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law, as applicable. Under no circumstances will User acquire any ownership rights or other interest in any content by or through the use of the Website. Except as expressly authorized by Athlete Showcase, Users agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content or video or live stream, service or software, in whole or in part, included or used on the Website. Any copying, redistribution, use or publication by User of any such content, service or software not expressly permitted in these Terms of Use is prohibited and may violate copyright, trademark and other laws.
5. Intended Audience. This Website is not intended for any children under the age of 13. ALL USERS MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE.
6. Trademarks. The Athlete Showcase and Athlete Showcase name(s), logo(s) and all related names, logos, product and service names, designs and slogans are trademarks of Athlete Showcase or its affiliates or licensors. You must not use such marks without the prior written permission of Athlete Showcase. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
7. Website Use. Athlete Showcase grants User a limited, revocable, nonexclusive license to use the Website solely for their own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. User may not use any service provided by the Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Athlete Showcase. User agrees not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. Each User acknowledges and agrees that some information and personal data might need to be retained by Athlete Showcase as long as it is necessary to comply with any contractual, legal, regulatory, and/or ethical obligations. User Agrees that watching any videos or live streams that Athlete Showcase streams on another website or platform will also follow that website’s terms of service.
8. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
9. Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Athlete Showcase has no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites.
10. Event Registration and Attendance. Athlete Showcase events that are in-person have a limited registration capacity and Athlete Showcase retains complete discretion over who attends the in-person events, and Athlete Showcase reserves the right to remove any User from any Athlete Showcase event if that User is acting inappropriately and offensively.
11. Event Cancellation Policy. Any tickets, passes, room packages or other purchases for an Athlete Showcase event are nonrefundable. If you are unable to attend an event, please notify [email protected] and prior to the event, Users may transfer their registrations and purchases to another person that agrees to the same Terms and Conditions. In the event that Athlete Showcase is forced to postpone or cancel the event for any reason at any time, Athlete Showcase will issue you a full credit toward a future event.
12. Event Attendee Release. You irrevocably agree that at the Athlete Showcase event we may photograph and/or record your name, likeness, and voice and use any and all of such materials in any of our publications or programs, including editing and disseminating such materials in any media in advertising and promotion of this event or others, but not in any testimonial or endorsement manner. You release Athlete Showcase and our licensees from any claims that you now or later may have because of such uses.
13. Compliance with Laws. User agrees to comply with all applicable federal, state, and local laws and regulations related to the use of the Website. User further agrees that information provided by the User is truthful and accurate to the best of their knowledge.
14. Indemnification. User agrees to indemnify and hold harmless Athlete Showcase, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against third party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys' fees) arising out of or relating to User’s violation of these Terms of Use User’s use of the Service and any User Contributions, including, but not limited to and any dispute between you and any other User.
15. Disclaimer. THE INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND YOUR INTERACTIONS WITH ANY OTHER USERS IS AT YOUR SOLE RISK. ATHLETE SHOWCASE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER ATHLETE SHOWCASE NOR ANYONE ASSOCIATED WITH ATHLETE SHOWCASE REPRESENTS OR WARRANTS THAT THE WEBSITE AND ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ATHLETE SHOWCASE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, INCLUDING OTHER USERS OF THE WEBSITE, AND YOU HEREBY RELEASE ATHLETE SHOWCASE, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS OR DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTY (INCLUDING OTHER USERS OF THE WEBSITE).
YOU UNDERSTAND AND AGREE THAT ATHLETE SHOWCASE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. ATHLETE SHOWCASE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY SITE LINKED TO THE WEBSITE.
TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
16. Limitation of Liability. IN NO EVENT WILL ATHLETE SHOWCASE, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, OR MANAGERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER SITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, HOWEVER, IN NO EVENT WILL ATHLETE SHOWCASE’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION RELATED TO THE WEBSITE OR THESE TERMS OF USE EXCEED ONE HUNDRED US DOLLARS ($100). YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Force Majeure. Athlete Showcase is not responsible for any delay or prevention of Athlete Showcase performing its obligations hereunder if it is the result of events beyond our reasonable control, including without limitation acts of God, war, governmental actions or orders, epidemics, riots, terrorism, strikes, labor shortages, fire, extreme weather, embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, or shortage of materials.
18. Use of Information. Athlete Showcase reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
19. Copyrights and Copyright Agent. It is Athlete Showcase’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). In addition, Athlete Showcase will promptly terminate without notice the accounts of those determined by Athlete Showcase to be "repeat infringers." If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Website infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing Athlete Showcase’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. § 512(c)(3) to confirm these requirements):
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Our Designated Agent for Notice of claims of copyright infringement on the Website can be reached as follows: Attention: Copyright Agent, Athlete Showcase, 5706 17th Ave NW, Unit 17476, Seattle WA 98107 or by email at[email protected].
20. Applicable Law. All matters relating to the Website or these Terms of Use, and any dispute or claim about or involving the Website or these Terms of Use, shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law provisions. Subject to the following sentence, User also agrees to personal and exclusive jurisdiction by the state and federal courts located in New Castle County, Delaware. If User is a public institution in a state that prohibits public institutions from agreeing to be bound by anything other than their state law, then the applicable law for disputes involving your institution shall be governed by the laws of your state.
21. Severability. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
22. Waiver. The failure of Athlete Showcase to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by Athlete Showcase must be in writing and signed by an authorized representative of Athlete Showcase.
23. Relationship of the Parties. Nothing contained in these Terms of Use or User’s utilization of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
24. Acknowledgment Section. All Users affirm that they have read and understand the applicable policies, rules, and laws related to the use of a college athlete’s name, image, and/or likeness. All Users affirm that all relationships between Users facilitated by Athlete Showcase do and will continue to comply with all applicable school and league policies and federal, state, and local laws. All Athletes affirm that no institutional staff member, business (including any Brand), or individual made any promise of benefits related to any NIL activity as a recruiting inducement to enroll or remain at any institution. All Users and Event Attendees affirm to follow all National Collegiate Athletics Association rules and Athlete Showcase is not responsible for any alleged rules violations.
25. Entire Agreement. These Terms of Use constitute the entire agreement between User and Athlete Showcase and governs the terms and conditions of the use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between User and Athlete Showcase with respect to the Website. Notwithstanding the foregoing, User may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when User utilizes the Website as further described on the Website from time to time.
26. Changes to these Terms of Use. Athlete Showcase may revise and update these Terms of Use from time to time in its sole discretion. If Athlete Showcase makes changes, Athlete Showcase will notify you by revising the date at the top of these Terms of Use and, in some cases, Athlete Showcase may provide you with additional notice (such as adding a statement to the Website or sending you an email notification). Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
27. Your Comments or Questions.
If you have any comment or questions regarding the Website or these Terms of Use, please contact us at [email protected].