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 STAR Terms and Conditions
TERMS AND CONDITIONS

By using the STAR Sportsmanship informational website (www.starsportsmanship.com/info and all pages under this domain) YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. In addition, when using particular areas, features and/or functions of the website, you shall be subject to any posted guidelines or rules applicable to such areas, features and/or functions. The Privacy and Child Protection Policy, all guidelines or rules posted on this website and all disclaimers and terms and conditions that appear elsewhere throughout the website are hereby incorporated by reference into these Terms and Conditions. Please be aware that these Terms and Conditions and the Privacy and Child Protection Policy do NOT apply to the actual STAR Sportsmanship™ program (which is accessible by authorized customers through secure login at www.starsportsmanship.com).

Learning Through Sports, Inc. reserves the right to change these Terms and Conditions at any time. You are responsible for regularly reviewing the Terms and Conditions, Privacy and Child Protection Policy, and any other guidelines, rules, disclaimers, terms and conditions appearing elsewhere throughout the STAR Sportsmanship informational website. Your continued use of this website, including but not limited to any and all related products and/or services, constitutes your agreement to all such terms, conditions, and notices.

These Terms and Conditions contain the following provisions:

Children's Online Privacy and Protection Act Compliance
License and Access
Your Account
Special Admonitions for International Use
Privacy and Child Protection Policy
Forums and Public Communication
Ownership
Dealing with Third Parties
Links
Indemnification
Warranty Disclaimer
Limitation of Liability
Notice
Violations
General

Children's Online Privacy and Protection Act (COPPA) Compliance
The Children's Online Privacy and Protection Act of 1998 requires websites that store personal information from users under the age of 13 to inform parents about information collection policies and obtain parental permissions. We do not knowingly collect personal data from users under the age of 13 on the www.starsportsmanship.com/info website. However, we are happy to inform parents about the types of information we do gather from users of our website (who are all age anonymous), and how we use that information. If a parent or legal guardian suspects their child under the age of 13 has submitted personal information to our website, he/she may contact us at info@learningthroughsports.com, request a copy of the information submitted by their child, and request that the information be deleted and further access by the child be denied. We strictly adhere to COPPA requirements and will make every effort to meet and exceed the requirements mandated by law.

You should refer to and read the entire Privacy and Child Protection Policy for details regarding and the rules and regulations governing the use of this website, including but not limited to any and all related products and/or services provided thereof.

License and Access
License
Our website grants you a limited license to access and make personal use of the STAR Sportsmanship informational website and not to download (other than page caching) or modify any portion of the website, except with express written consent of Learning Through Sports. This license does not include any resale or commercial use of the STAR Sportsmanship informational website or its contents; any collection and use of any services, products or descriptions; any derivative use of the STAR Sportsmanship informational website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by Learning Through Sports, Inc.; or any use of data mining, robots, or similar data gathering and extraction services. No portion of the STAR Sportsmanship informational website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Learning Through Sports, Inc.

Restrictions
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the STAR Sportsmanship informational website without express written consent of Learning Through Sports (also referred to in these Terms and Conditions as "we," "us" and "our."). You may not use any META tags or any other "hidden text" utilizing names or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the STAR Sportsmanship informational website, so long as such link does not portray the STAR Sportsmanship informational website, Learning Through Sports, its representatives, and/or affiliates, or its products and/or services in a false, misleading, derogatory, or otherwise offensive matter and is revocable at will under any circumstance or condition by us. You may not use any STAR Sportsmanship or Learning Through Sports website logos or other proprietary graphic or trademark as part of the link without express written permission of Learning Through Sports.

Your Account
You are solely responsible for maintaining the secrecy of your usernames, passwords, and account information. You will be accountable for all uses of the STAR Sportsmanship informational website by you and anyone using your username or login code. You acknowledge that we may establish general practices and limits concerning your use of this website, including without limitation the maximum number of posts you submit to the website forum (www.starsportsmanship.com/info/ask) in a given period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice, and without any liability to us. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of the website or take any action that imposes an unreasonable load on the computer equipment that support the website. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell, offer for sale, or exploit any information, software, products, or services obtained from us.

Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside.

Privacy and Child Protection Policy
Your use of the STAR Sportsmanship informational website is subject to the Privacy and Child Protection Policy. You acknowledge that you have read the entire Privacy and Child Protection Policy and that it is reasonable and acceptable to you. Your acceptance of these Terms and Conditions is also your consent to the information practices in the Privacy and Child Protection Policy.

Forums and Public Communication
Forum means a chat area, message board or user-generated content area offered as part of the STAR Sportsmanship informational website, including the “Ask a Sportsmanship Question” forum at www.sportsmanship.com/info/ask. If you participate in any forum within our website, you must not:

  • defame, abuse, harass or threaten others;
  • make any bigoted, hateful or racially offensive statements;
  • advocate illegal activity or discuss illegal activities with the intent to commit them;
  • post or distribute any material that infringes and/or violates any right of a third party or any law;
  • post or distribute any vulgar, obscene, discourteous or indecent language or images;
  • advertise or sell to, or solicit others;
  • use the Forum for commercial purposes of any kind;
  • post or distribute any software or other materials which contain a virus or other harmful component; or
  • post material or make statements that do not generally pertain to the designated topic or theme of any chat room or message board

Learning Through Sports reserves the right to moderate, edit, or delete any content posted to the “Ask a Sportsmanship Question” forum or any other forum on our website without prior warning or explanation. Derogatory, offensive, or irrelevant content will be immediately deleted and may result in a banning decision. Users that are banned will be permanently banned from posting content. There will be no warnings for first time offenses, and there is no appeal process once banned.

Furthermore, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and/or the Privacy and Child Protection Policy and will not cause injury to any person or entity; and that you indemnify us for all claims resulting from content you supply. Although we have the right to monitor, edit, and delete any activity or content, we are not obligated to do so. We do not take any responsibility or assume any liability for any content posted by you or any authorized or unauthorized third party.

When participating in a forum, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a forum may not be reliable. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.

Learning Through Sports discourages users of our forums from disclosing any personal information (i.e., legal names, ages, locations, phone numbers, addresses, or email addresses) within an online public communication area through posted messages or private messaging. Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While Learning Through Sports strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose publicly online; you make such disclosures at your own risk. We do ask for your email address for our own records when submitting a Sportsmanship Question to the “Ask” forum (www.starsportsmanship.com/info/ask), but your email address will not be disclosed to other users or third parties without your permission.

Ownership
All content on the STAR Sportsmanship informational website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Learning Through Sports, the STAR Sportsmanship informational website, its representatives, or its content suppliers and are protected by U.S. and/or international copyright laws. The compilation of all content on the STAR Sportsmanship informational website is the exclusive property of Learning Through Sports, the STAR Sportsmanship informational website, and its representatives and is protected by U.S. and/or international copyright laws. All software used on the website is our property and protected by U.S. and/or international copyright laws.

Except as expressly provided in "License and Access" above, your use of and access to the STAR Sportsmanship informational website does not grant you any license or right to use any Learning Through Sports, STAR Sportsmanship, or www.starsportsmanship.com/info website trademarks, trade names or copyrights.

If you post content using any forum, or otherwise submit material to the STAR Sportsmanship informational website, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any form, medium, or technology now known or later developed. You grant us the right to use the name that you submit in connection with such content, if we choose. In addition, you warrant that all so-called moral rights in those materials have been waived.

Dealing with Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers and/or sponsors found on or through the STAR Sportsmanship informational website including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, sponsors, and/or third parties on the STAR Sportsmanship informational website.

Links
We may provide, or third parties may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such site or resource.

Indemnification
You agree to indemnify and hold Learning Through Sports and the STAR Sportsmanship informational website, their representatives, subsidiaries, affiliates, officers, agents, co-branders or other partners, and/or employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this website, your violation of these Terms and Conditions, your violation of the Privacy and Child Protection Policy, or your violation of any rights of another person or entity.

Warranty Disclaimer
YOUR USE OF THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND LEARNING THROUGH SPORTS, THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE, THEIR REPRESENTATIVES AND/OR SUBSIDIARIES DO NOT WARRANT THAT THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE AND/OR ITS SERVERS, OR E- MAIL SENT FROM LEARNING THROUGH SPORTS, THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE, ITS REPRESENTATIVES AND/OR SUBSIDIARIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEARNING THROUGH SPORTS, THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE, ITS REPRESENTATIVES AND/OR SUBSIDIARIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LEARNING THROUGH SPORTS, THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE, AND/OR THEIR REPRESENTATIVES AND/OR SUBSIDIARIES MAKE NO WARRANTY THAT (i) THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE 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 FROM LEARNING THROUGH SPORTS, THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE, ITS REPRESENTATIVES AND/OR SUBSIDIARIES OR THROUGH OR FROM THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE, ITS REPRESENTATIVES AND/OR SUBSIDIAIRES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEARNING THROUGH SPORTS, THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE, THEIR REPRESENTATIVES AND/OR SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEARNING THROUGH SPORTS, THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE, THEIR REPRESENTATIVES AND/OR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE; OR (v) ANY OTHER MATTER RELATING TO LEARNING THROUGH SPORTS, THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE, AND/OR ITS REPRESENTATIVES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE STAR SPORTSMANSHIP INFORMATIONAL SITE, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE STAR SPORTSMANSHIP INFORMATIONAL WEBSITE AND ITS RELATED SERVICES.

Notice
We may provide notices of changes to these Terms and Conditions or other matters by posting conspicuous notices or links to notices to you generally on our site. Your continued use of this website following the posting of conspicuous notice of any change or modification to these Terms and Conditions will be subject to the Terms and Conditions in effect at the time of your use. You agree to review the Terms and Conditions periodically. Your continued use of this website following the posting of conspicuous notice of any modification, will be your acceptance of the modified Terms and Conditions.

Violations
Please report any violations of the Terms and Conditions to afrith@learningthroughsports.com.

General
These Terms and Conditions constitute the entire agreement between you and the STAR Sportsmanship informational website and govern your use of this website, superseding any prior agreements between you and us. A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the Terms and Conditions and use of the STAR Sportsmanship informational website do not create a joint venture, partnership, employment or agency relationship between you and Learning Through Sports, the STAR Sportsmanship informational website, and/or its representatives. You may not assign, delegate or transfer your rights or obligations under the Terms and Conditions and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of Alabama without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Shelby County, Alabama. The failure of Learning Through Sports, the STAR Sportsmanship informational website, its representatives and/or subsidiaries to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the STAR Sportsmanship informational website or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Privacy and Child Protection Policy
We at Learning Through Sports and STAR Sportsmanship are dedicated to protecting the privacy of any personal information that our users provide to us on the STAR Sportsmanship informational website (www.starsportsmanship.com/info and all pages under this domain). We are especially dedicated to protecting the privacy of children under the age of 13 who use or access this website.

Please be aware that this Privacy and Child Protection Policy does NOT apply to the actual STAR Sportsmanship™ program (which is accessible by authorized customers through secure login at www.starsportsmanship.com).

Privacy Policy
By using or accessing the STAR Sportsmanship informational website, you are agreeing to the following Privacy Policy. If you don't agree to the policy, please do not use this website. Learning Through Sports reserves the right to change this policy at any time. Any changes will be effective immediately as posted to the site.


You are welcome to browse our website anonymously without indicating any personal information. We may ask you directly for personal information when you want to subscribe to our newsletter or submit a sportsmanship question to our “Ask a Sportsmanship Question” forum. Personal information directly requested when subscribing for our newsletter or submitting a sportsmanship question may include your email address. Your email address will not be made public to other forum users or distributed to any third parties without your prior consent. You will be asked to choose a username when registering to submit a sportsmanship question, but you are not required to use your legal name, and are discouraged from doing so.
If you make email inquiries to us regarding additional information, sales, customer support, or media opportunities, you are not required to provide any personal information other than your email address, but you may choose to provide personal information, including but not limited to any of the following, depending on the nature of your inquiry: name, phone number, address, location, and company name. Your email address and personal information will not be disclosed to any third parties without your prior consent, and will be used by us for the reasons discussed below.

How Do We Use Personal Information You Provide To Us?

We may use the personal information willingly provided by you in order to complete transactions requested by you, to provide customer services, to customize and develop our products or services, to respond to questions, problems or complaints, to request feedback, to send administrative communications, promotional materials (including newsletters, special offers and promotions) and information about our products and service, and for other specified purposes for which the personal information was provided and any purpose relating thereto.

You may let us know if you do not wish to receive e-mails from us in the future by sending an e-mail titled “Request for Removal” to info@learningthroughsports.com. We will respectfully remove you from our e-mail list.

Any personal information that we retain will not be rented, sold or otherwise distributed to third parties. We will use all reasonable efforts to safeguard the confidentiality of any personal information but will have no liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties.

The STAR Sportsmanship informational website may use cookies for site administration purposes. If you do not want to take advantage of the use of cookies, please modify your browser so that it does not accept them.

This website may detect and use your IP address or domain name for internal traffic monitoring and capacity purposes or to otherwise administer our website. No personal information is obtained, rather just the patterns of usage of our various users.
Learning Through Sports reserves the right to disclose user information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other website users, or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law requires it or to respond to an emergency situation.

Child Protection Policy

This Child Protection Policy is an extension of the aforementioned Privacy Policy. All topics discussed in the Privacy Policy apply to children under the age of 13 and all users, regardless of age.


Learning Through Sports encourages parents/guardians to monitor and take a part in their children's online activities. It is important for parents/guardians to know that the STAR Sportsmanship informational website is compliant with COPPA (Children's Online Privacy Protection Act, www.coppa.org) standards.

The Children's Online Privacy and Protection Act of 1998 requires websites that store personal information from users under the age of 13 to inform parents about information collection policies and obtain parental permissions. Although we do not knowingly collect personal data from users under the age of 13 on the www.starsportsmanship.com/info website, we are happy to inform parents about the types of information we do gather from users of our website (who are all age anonymous), and how we use that information. These items are discussed in the “Privacy Policy” and “How Do We Use Personal Information You Provide To Us” sections of this Privacy Policy.

If a parent or legal guardian suspects their child under the age of 13 has submitted personal information to our website, he/she may contact us at info@learningthroughsports.com  or write to the mailing address at the bottom of this page to request a copy of the information submitted by their child, and request that the information be deleted and further access by the child be denied. We strictly adhere to COPPA requirements and will make every effort to meet and exceed the requirements mandated by law.

Parents and children should note that any personal information that a child (or anyone) chooses to disclose in their choice of username or in a posting to the “Ask a Sportsmanship Question” forum at www.starsportsmanship.com/info/ask will be viewed and accessible by other users of the website. Children (or anyone, regardless of age) should not post any personally identifiable information including, without limitation, legal names, phone numbers, email addresses, physical addresses, locations, or ages within their username, forum posts, or other forms of public communication on the website. Parents should talk to their children about not posting personal information in connection with their participation in these public and interactive activities on the STAR Sportsmanship informational website.

Linked sites from this website are not under the control of Learning Through Sports, and we are not responsible for the contents or privacy practices of any liked site or any link on a linked site.
© 2008 Learning Through Sports

Questions/Complaints About This Privacy and Child Protection Policy?
Contact: Learning Through Sports, Inc.
1 Mt Laurel Avenue, Suite 210
Birmingham, AL 35242
toll-free: 1 (866) 552-9192
fax: (205) 980-8409
customersupport@learningthroughsports.com


 


 

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