Terms of Use

COACHES - TERMS OF SERVICE AGREEMENT - Click here to view the Athletes - Terms of Service Agreement

StreamMySport, LLC (SMS) provides an Internet-delivered informational service to high school athletes and their parents or agents (ATHLETES) and to college athletic coaches   (COACHES).  COACHES who register by setting up an account on the SMS website may obtain access to the on-line profiles created by ATHLETES who have registered with SMS.  There is no fee charged to a COACH for setting up an account. 

The ATHLTES who register with SMS can create an online profile containing text information, referral and transcript documents,  digital photos (JPEG) and  a 10-minute (or 100MB MPEG) digital video.  COACHES can gain free access to these profiles and can search our database for athletes who meet specific criteria  by sport, gender, weight, position, etc.  COACHES can assemble their own list of Favorites, contact the ATHLETES by e mail, rate ATHLETES for the COACH's own follow up, and share the on-line profiles with their colleagues via e mail.

Please be advised that an ATHLETE who registers on the SMS website has the option to make his or her  profile private, so that the profile will only be accessible to a COACH to whom the ATHLETE has given the user name an d password.

This is a legally binding agreement between the COACH and SMS.  In order to complete your registration, you must agree to be bound by this Agreement. If you do not agree with it, you should click the CANCEL button below.  This Agreement includes SMS' policy for acceptable use of www.streammysport.com and stipulates the rights, obligations and restrictions governing your use of the site.

REPRESENTATIONS AND ACKNOWLEDGEMENTS OF SUBSCRIBER

You represent that you are a COACH employed by an educational institution to student athletes.  As used in this Agreement, the words “you� and “your� refer to the COACH who is the subscriber to the SMS services described above.

You acknowledge that SMS publishes information provided to it by the registered ATHLETES and that SMS does not verify the accuracy of the information provided.  Under the terms of SMS's contract with registered ATHLETES, any misuse of the site, including the provision of false or misleading information, entitles SMS to cancel the contract; but there can be no guarantee that SMS will discover any such misrepresentation by the ATHLETE. 

Further, you acknowledge that , due to the imperfections inherent in use of the Internet and/or to deficiencies in  the users' or visitors' proficiency, equipment or service, SMS cannot guarantee that you will have access at all times to the SMS website or to all of its content. No party will be liable for delay in performing or failure to perform any of its obligations under this Agreement which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services, war, act of terrorism, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving either party's employees or those of a third party). Any delay or failure of this kind will not be deemed to be a breach of the Agreement and the time for performance of the affected obligation will be extended by a period, which is reasonable in the circumstances.

ACCEPTABLE USE

SMS is not responsible for misinformation that you supply, or for any misuse of the site. SMS takes all reasonable and customary precautions to safeguard the privacy and safety of the registered ATHLETES, and to assure that the content published on the site contains no nudity, pornography, obscenities, violence, or other unsuitable content. SMS also takes reasonable measures to verify that the information provided by the ATHLETES and COACHES is accurate.  SMS precautions include:

1. By registering for an account, you warrant that you are an athletic COACH employed by an educational institution and that you intend to use the SMS site for educational purposes only, and specifically to locate and evaluate potential athletes for your school's athletic programs. 
2. In no event will SMS be liable for inaccurate or faulty information that you provide or that is provided by others on your behalf.
3. SMS will not publish any uploaded athlete images, videos, or text containing what SMS considers to be inappropriate material. SMS reserves the right to remove any submitted material and to deny publication of any material that it considers to be inappropriate, including, without limitation, material containing inflammatory or obscene language, political statements of any kind, pornography or suggestions of pornographic concepts.  SMS encourages COACHES to bring to its attention any published material that users discover containing inappropriate content. This notification should be made by emailing customerservice@streammysport.com.
4. SMS does not share the ATHLETES' names, addresses, phone numbers, email or other registration data with any third party organization or for any commercial use.   You agree that you will use the ATHLETES' information the SMS website only for the purpose stated in paragraph 1, above, and that you will not share the information with anyone other than your colleagues for the same purpose.
5.  By agreeing to this Terms of Service Agreement, you verify that you have read and understood our Privacy Policy. 
6. By accepting this Agreement, you represent and warrant that (A) All registration information you submit is truthful and accurate; and (B) You are a U.S. citizen.

GEOGRAPHIC RANGE OF SERVICE COMMITMENT

Although the public pages of www.streammysport.com can be viewed by anyone in the world with access to the Internet, the SMS service is currently only available in the U.S. Therefore, applicant ATHLETES or COACHES attempting to register from locations outside of the U.S. will be denied accounts.

TERM

This Agreement shall remain in full force and effect for as long as you are a registered user. You may terminate your registration at any time, for any reason, by following the instructions in My Account.

SMS may cancel your account and terminate your registration at any time for breach of Agreement, which includes, without limitation, provision of fraudulent or inaccurate information or any inappropriate use of the site.

ENTIRE AGREEMENT

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and SMS and supersedes all prior or contemporaneous oral, written or electronic communications, understandings, agreements, proposals, and representations between the parties or made by either party. 

AMENDMENTS

SMS reserves the right to amend the terms of this Agreement from time to time.  Notice of such amendments will be posted on the SMS website, and SMS may also send you a notice of any such amendment by e mail.  Your continued use of SMS services following the posting of notice of amendment shall constitute acceptance of the amendment.

CONTENT RIGHTS

Neither SMS nor any COACH has or may claim any ownership rights in the ATHLETES' content posted on the SMS website.

LIMITATION OF LIABILITY; FORUM AND INDEMNIFICATION

IN NO EVENT SHALL SMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR OR SUCH THIRD PARTY'S USE OF SMS'S WEBSITE OR SERVICES, EVEN IF STREAMMYSPORT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SMS'S LIABILITY TO YOU FOR ANY CAUSE OR CAUSE OF ACTION WHATSOEVER AND YOUR EXCLUSIVE REMEDY,  REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $5.00 OR THE AMOUNT PAID, BY YOU TO STREAMMYSPORT, LLC DURING THE CURRENT TERM OF YOUR REGISTRATION.

This Agreement is governed by the laws of the State of Connecticut, excluding its choice of law provisions.  You agree to submit to the personal jurisdiction of the state and federal courts sitting in the State of Connecticut in connection with any action arising out of or relating to this Agreement, and you further agree that any action instituted under this Agreement shall be brought only in the state or federal courts sitting in the State of Connecticut..  You further agree to waive any claim of forum non conveniens.

You agree to indemnify and hold StreamMySport, LLC, its subsidiaries, and affiliates, and their respective managers, members, officers, agents, sponsors, partners and employees (collectively, “indemniteesâ€�), harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and other expenses incurred by  any indemnitee in connection with or as a result of any third party claim or action due to or arising out of any action or omission on your part, including a breach of this Agreement and/or the making of any inaccurate or misleading  representation  and /or your posting on the SMS Website or registering with any inaccurate, misleading  or false information.