Terms of Use

ATHLETES - TERMS OF SERVICE AGREEMENT - Click here to view the Coaches - 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). For a membership fee, registered athletes can create an online profile containing text information, referral and transcript documents,  digital photos (JPEG) and  a 10-minute (or 100MB MPEG) digital video for the period of time purchased by payment of the registration  fee.  The registration fees and time periods that may be purchased are stated at pricing.cfm.

College athletic coaches can gain free access to these profiles and can search our database for athletes who meet specific criteria, and assemble their own list of Favorites.  

This is a legally binding agreement between the ATHLETE 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, the subscriber, represent that you are an ATHLETE who is at least 18 years of age or the parent or legal guardian of the ATHLETE on whose behalf you are acting hereunder.  As used in this Agreement, the words “you" and “your" refer to the ATHLETE and to the ATHLETE's legal representative, as appropriate.

You acknowledge that SMS is an information publisher only, and in no way implies or expresses through this Agreement any responsibility for finding or securing for an ATHLETE admission to any college or acceptance on any athletic team.  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 all users or visitors to the SMS website 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.

You acknowledge and agree that SMS will publish information that you provide on SMS's website (www.streammysport.com), and you understand that such information is available to anyone who visits the site.  You further acknowledge that SMS is not responsible for use of that information by visitors to and users of the site, including COACHES and any other persons who use the site. Further, you understand that SMS does not verify the accuracy of information provided by persons who register as COACHES to use the site.  Under the terms of SMS's contract with persons who register as COACHES, SMS has the right to terminate the contract if the person registers using any false or misleading information, but there can be no guarantee that SMS will discover any such misrepresentation by the COACH (or registrant claiming to be a COACH).

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 your privacy and safety, and to assure that the content published on the site contains no nudity, pornography, obscenities, violence, or other unsuitable content. SMS precautions include:

1. By registering for an account, you warrant that you are presenting accurate and complete information. In no event will SMS be liable for inaccurate or faulty information that you provide or that is provided by others on your behalf. 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.
2. SMS encourages site users to bring to its attention any published material that users discover containing inappropriate content. This notification should be made by emailing customerservice@streammysport.com.
3. SMS does not share your name, address, phone, email, payment, or other registration data with any third party organization, and we never share any Athlete data with any third party for commercial use. The only information shared by StreamMySport, LLC is the Athlete Profile information you create in your profile. By agreeing to this Terms of Service Agreement, you verify that you have read and understood our Privacy Policy. 
4. You are entirely responsible for maintaining the confidentiality of the username and password you create when registering with SMS.  
5. By accepting this Agreement, you represent and warrant that (A) All registration information you submit is truthful and accurate; (B) You are at least 18 years of age or you are a parent or legal guardian entitled to act on behalf of the individual on whose behalf you are subscribing; and (C) 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.

StreamMySport, LLC may terminate your user registration upon expiration of your subscription period if you do not renew by the deadline. At that time, SMS will remove your published material and delete it from our servers. If you wish to recreate the profile after allowing your account to expire, you will need to recreate it. SMS may cancel a registered user's account at any time for breach of Agreement, which includes non-payment of the registration fee or provision of fraudulent or inaccurate information or any inappropriate use of the site. If SMS terminates your user registration because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of your registration fee.

CHARGES

You acknowledge that StreamMySport, LLC reserves the right to charge fees for the services it provides at www.streammysport.com.

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

You warrant that all content you upload to SMS is free of any ownership rights or claims by anyone other than yourself, or that you have obtained license or permission to use such materials. This applies to all content, including text, files, letters, images, photos, videos, sounds, or musical works, that you upload, display or publish (“post") at www.streammysport.com. SMS does not have or claim any ownership rights in your content.

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 person 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, “indemnities"), harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and other expenses incurred by  any indemnities 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 of any inaccurate, misleading  or false information.