Yearbook Magic, LLC (“Yearbook Magic”) provides this Internet site and any other websites owned, operated and/or maintained by Yearbook Magic (the “Yearbook Magic Sites”) as a service to its customers. Any person (collectively, “you”, “your or I”) who completes the registration process to utilize or access the Yearbook Magic Sites is expressly agreeing to comply with and be bound by the Website Usage Corporate Policy (“WUCP”), Terms and Conditions of Use (“T&C”) and Yearbook Magic Privacy Statement (“TPS”) (WUCP, T&C and TPS are collectively referred to herein as the “Agreements”), as well as all applicable laws and regulations.
PLEASE READ THE AGREEMENTS CAREFULLY. BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENTS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENTS, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND YOU MAY NOT ACCESS OR USE ANY PART OF THIS SERVICE. YOU FURTHER AGREE THAT CLICKING THE ACCEPTANCE BUTTON BELOW CONSTITUTES AN ELECTRONIC SIGNATURE AS DEFINED BY THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT AND THAT THE AGREEMENTS ARE COMPLETELY VALID, HAVE LEGAL EFFECT, ARE ENFORCEABLE, AND ARE BINDING ON, AND NON-REFUTABLE BY, YOU. YearbookMagic MAY REVISE AND UPDATE THE AGREEMENTS AT ANY TIME. PLEASE PERIODICALLY REVIEW THEM, BECAUSE YOUR CONTINUED USAGE OF THE YearbookMagic SITES INDICATES YOUR AGREEMENT WITH ANY SUCH CHANGES.
WEBSITE USAGE CORPORATE POLICY
1. ADDRESS AND CONTACT INFORMATION
If you have any questions or concerns regarding any of the following information, the Agreements or the use of Yearbook Magic Sites, please contact Yearbook Magic at 34623 Moravian Dr., Sterling Heights, MI 48311.
2. CONTENT OF YearbookMagic SITES
The information contained in Yearbook Magic Sites is for the purposes of educating participants on coaching and playing various activities and to provide to coaches and participants effective team management capabilities. You understand that neither Yearbook Magic, its employees or agents are engaged in rendering legal, medical or psychological counseling advice. Please consult with the appropriate licensed professional before beginning any activity. All information should be relied on by you at your own risk. Yearbook Magic makes no warranty as to the safety, reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of information on the Yearbook Magic Sites.
3. INTELLECTUAL PROPERTY OWNED BY YearbookMagic OR THIRD PARTIES
All content included on Yearbook Magic Sites, including, but not limited to text, graphics and multimedia content, all related codes (including but not limited to HTML, other mark-up languages, and all scripts), images, illustrations, logos, icons, software, audio clips, musical compositions or sound recordings, video clips, layout and design elements (collectively, the “Content”) is the property of Yearbook Magic, its affiliates or other parties that have licensed their material to Yearbook Magic (or posted to Yearbook Magic Sites pursuant to a user agreement with Yearbook Magic) and are protected by U.S. and international copyright laws. The Content may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way by any means, method, or process whatsoever, now known or hereafter developed. Except as expressly stated in the Agreements, you may not duplicate, download, upload, publish, post, transmit, modify or otherwise distribute the Content in any manner or by any means. Modification or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Yearbook Magic, its affiliates or third parties.
"YearbookMagic.com" and the "Yearbook Magic" logo are trademarks and service marks of Yearbook Magic. All other trademarks, service marks and logos used on Yearbook Magic Sites are the trademarks, service marks or logos of their respective owners and are used with permission from such owners.
You may notify Yearbook Magic of alleged intellectual property rights infringement by contacting Yearbook Magic.
4. OPERATION
Yearbook Magic reserves the right to withdraw, suspend or discontinue any functionality or features in Yearbook Magic Sites, including the cessation of all activities associated with Yearbook Magic Sites.
5. PRIVACY AND DATA COLLECTION
It is the policy of Yearbook Magic to respect your privacy. However, by visiting or using the Yearbook Magic sites, you expressly consent to the collection and use by Yearbook Magic of personally identifiable information, on an individual and an aggregate basis, under the terms set forth in the TPS.
6. USER INFORMATION POSTED ON YearbookMagic SITES
The information, opinions, data or materials of any kind provided by you on any user pages conducted or used by you on the Yearbook Magic Sites (collectively, the “User Information”) are not endorsed or supported by, or the opinion of, Yearbook Magic or its affiliated or related entities. Yearbook Magic and its affiliated or related entities or its content providers are not responsible or liable to any person or entity whatsoever, including (without limitation) persons who may use or rely on such User Information, or to whom such User Information may be furnished, for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any User Information provided on the user pages or elsewhere on the Yearbook Magic Sites. Yearbook Magic merely provides to you the ability to post User Information to certain user pages on Yearbook Magic Sites. However, Yearbook Magic reserves the right to remove any User Information for any reason whatsoever, but does not, and is under no obligation to, review or monitor User Information.
7. THIRD PARTY CONTENT POSTED ON YearbookMagic SITES
Yearbook Magic Sites may contain advertisements, products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their websites (collectively, "Third Party Content"). Yearbook Magic is not responsible and does not control the Third Party Content, including, without limitation, any link contained in Third Party Content, or any changes or updates to Third Party Content. Yearbook Magic, at its sole discretion, may review or screen the Third Party Content, but provides such Third Party Content to you only as a convenience, and the inclusion of Third Party Content does not imply endorsement by Yearbook Magic, any affiliate of Yearbook Magic or any other party. You may be subject to additional and/or different terms, conditions, and privacy policies when using, purchasing or accessing Third Party Content. Yearbook Magic reserves the right to remove Third Party Content that, in Yearbook Magic judgment, does not meet its standards, but is under no obligation to do so. You utilize, purchase or otherwise access the Third Party Content at your sole risk.
Yearbook Magic is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of goods purchased or services performed by any such third party or any other legal liability arising out of or related to such goods or the performance of services. In the event that you have a dispute with any such third party, you release Yearbook Magic (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
TERMS AND CONDITIONS OF USE
This Terms and Conditions of Use Agreement (“T&C”) is made by and between Yearbook Magic and you to provide you access to and use of Yearbook Magic Sites and related software application services to which you have subscribed under this T&C (collectively, the “Services”).
1. RIGHT TO SERVICES
In consideration of your performance of the obligations under this T&C, Yearbook Magic grants you a limited, non-transferable, non-exclusive, revocable right for the term of this T&C to obtain the Services, so long as you have met all payments and other obligations hereunder.]
2. SERVICE AND REGISTRATION
A. Description. The Services are proprietary to Yearbook Magic and are protected by intellectual property laws and international intellectual property treaties. Your access to the Services is licensed and not sold. Yearbook Magic agrees to provide you with non-exclusive access to or use of the Services, consisting of access to web pages and storage of up to 100 (200) megabytes for such Services, subject to the terms and limitations set forth in this T&C.
B. Accessibility. You agree from time to time that the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment or service malfunctions; (ii) periodic maintenance procedures, repairs or upgrades which Yearbook Magic may undertake from time to time; or (iii) causes beyond the control of Yearbook Magic or which are not reasonably foreseeable by Yearbook Magic, including the interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures.
3. REPRESENTATIONS AND WARRANTIES OF USER
A. Capacity. You represent and warrant to Yearbook Magic that: (i) you are over the age of eighteen (18) years and have the power and authority to enter into and perform your obligations under the Agreements; (ii) you shall comply with all terms and conditions of the Agreements, including, without limitation this T&C; and (iii) you have provided accurate and complete registration information, including, without limitation, your legal name, address and telephone number.
B. Use of the Services. You represent and warrant to Yearbook Magic that; (i) you will not submit or otherwise publish through Yearbook Magic Sites, any information that: (a) to a reasonable person is libel, defamatory, invades privacy, or is abusive, obscene, pornographic, harassing, grossly offensive, vulgar, malicious or threatening; (b) unsolicited messages, chain letters or unsolicited commercial email; (c) files, graphics, software or any other material that actually or potentially infringes any intellectual property or other right of any entity or person, including, but not limited to, patent, trademark, copyright or trade secrets; or (d) creates a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication, and (ii) you will not engage in unacceptable use of the Services, including without limitation, using the Services to (a) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (b) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Yearbook Magic Sites or any other computer network; (c) disseminate or transmit viruses, Trojan horses or any other malicious code or program; (d) advocate illegal activity; (e) advertise or otherwise solicit funds or as a solicitation for goods or services, or (f) engage in any other activity that is illegal under any international, federal or local laws, or that is deemed by Yearbook Magic to be in conflict with the spirit or intent of the Agreements.
4. LIMITATIONS
A. Security. You are solely responsible for the security, confidentiality and integrity of all content that you receive, transmit through or store on the Yearbook Magic Sites through the Services. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use incurred from use of the Yearbook Magic Sites or Services with your password.
B. Privacy. Yearbook Magic will not monitor or edit any information, personal or otherwise, relating to your account, including its contents, without your prior consent unless Yearbook Magic has a good faith belief that such action is necessary to: (a) comply with legal process or other legal requirements of any governmental authority; (b) protect and defend the rights or property of Yearbook Magic; (c) enforce this T&C, or (d) protect the interests of users of the Services or Yearbook Magic Sites other than you. Yearbook Magic does provide certain information in aggregate form collected from and relating to you to third persons such as advertisers. For a more detailed description of the types and uses of personal information collected from you, please read the Yearbook Magic Privacy Statement.
5. TERM, TERMINATION
This T&C is effective upon your acceptance and will continue for a period of twelve months thereafter. You may terminate this T&C at any time and for any reason, without a refund of any fees paid to Yearbook Magic. Yearbook Magic reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Services; (b) suspend your access to or use of all or any portion of the Services; and (c) terminate this T&C without refund of any fees paid to Yearbook Magic.
6. FEES, PAYMENT AND SHIPMENT TERMS
Proponent A. Upon acceptance, you will be charged an amount equal to the Team Annual Registration Fee as detailed on the Pricing and Options web page for use of the Services and access to the Yearbook Magic Sites, less any special promotions. Payment is due and payable immediately upon acceptance. THERE ARE NO REFUNDS OF ANY PLAYER FEE, BOOK FEE OR PORTION THEREOF FOR ANY REASON. All fees charged by Yearbook Magic for the Services or books or other merchandise are exclusive of taxes and similar fees now in force or enacted in the future imposed on the transaction. You are solely responsible for any such taxes. Yearbook Magic reserves the right to change any Annual Registration Fee, book Fee or any other fees (which includes but is not limited to, charging a fee for packaging, shipment, options, upgrades and/or a service for which Yearbook Magic does not currently charge a fee) at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Yearbook Magic posts such modification on the Yearbook Magic Sites. Any book or merchandise purchased from the Yearbook Magic Sites shall be shipped FOB carrier. Yearbook Magic will attempt to use the most cost efficient carriers.
Proponent B. 30 Day Money-Back Guarantee. If for any reason within the first 30 days of use, you decide the Yearbook Magic Program is not for you, simply contact us and we will refund your entire team registration fee and cancel your website.
7. PROPRIETARY RIGHTS
A. Yearbook Magic’ Proprietary Material. Yearbook Magic retains all right, title, and interest (including copyright and other proprietary or intellectual property rights) to all content included on Yearbook Magic Sites, including, but not limited to text, graphics and multimedia content, all related codes (including but not limited to HTML, other mark-up languages, and all scripts), images, illustrations, logos, icons, software, audio clips, musical compositions or sound recordings, video clips, layout and design elements (collectively, the “Content”) relating to the Services and the Yearbook Magic Sites, all legally protectable elements thereof, or derivative works thereto. You will not, directly or indirectly, reverse engineer, decompile, or otherwise attempt to derive source code or other trade secrets from Yearbook Magic.
B. User Proprietary Material. You shall retain all right, title and interest (including copyright and other proprietary or intellectual property rights) in any information or content provided by you, including, but not limited to, text, graphics, data or other information (“User Content”). User Content shall not include anything that actually or potentially infringes or misappropriates the copyright, trademark or intellectual property right of any other party, or contains anything that is obscene, defamatory, harassing, offensive or malicious. You hereby grant to Yearbook Magic the right to sublicense, to reproduce, distribute, transmit, create derivative works or publicly display any User Content in order to provide the Services, compile and reproduce Yearbook Magic books or any other memorabilia or goods. You agree that Yearbook Magic has the right to publish or use the User Content for any type of use as outlined herein, including promotional and advertising purposes.
8. DISCLAIMER OF WARRANTIES
THE YearbookMagic SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED TO THE SERVICES, IS PROVIDED ON AN "AS IS" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOUR USE OF THE SERVICES AND YearbookMagic SITES ARE AT YOUR OWN RISK. YearbookMagic CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF USER CONTENT. YearbookMagic CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM YearbookMagic SITES ARE FREE FROM INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE THAT MAY HARM YOUR COMPUTER OR SYSTEM. YearbookMagic DOES NOT WARRANT THAT THIS SITE WILL BE DELIVERED TO YOU OVER THE INTERNET UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING ADEQUATE PROCEDURES AND SAFEGUARDS TO ENSURE THAT USER CONTENT IS ACCURATE AND TO MAKE BACKUP COPIES OF ALL USER CONTENT. YearbookMagic DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM ITS NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS OR YearbookMagic CONNECTIONS TO THE INTERNET. YearbookMagic IS NOT RESPONSIBLE FOR THE CONTENT OF ANY WEBSITES THAT MAY BE LINKED WITH THE YearbookMagic SITES. THE LINKED WEBSITES ARE ONLY FOR YOUR CONVENIENCE AND YOU ACCESS THEM AT YOUR RISK.
9. LIMITATION OF LIABILITY
A. Liability Limitations. NOTWITHSTANDING ANY OTHER PROVISION OF THIS T&C OR THE AGREEMENTS, YearbookMagic, ITS AFFILIATES AND SPONSORS, ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR YearbookMagic SITES AND/OR CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND/OR YearbookMagic SITES AND TERMINATE THIS AGREEMENT.
B. Reliance on Limitations. YOU ACKNOWLEDGE THAT YearbookMagic HAS SET ITS PRICES AND ENTERED INTO THE AGREEMENTS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS T&C. THE LIMITATIONS AND DISCLAIMERS OF WARRANTIES SET FORTH IN THIS T&C SHALL SURVIVE THE TERMINATION OF THE AGREEMENTS.
10. INDEMNIFICATION
You agree to indemnify, hold harmless and defend Yearbook Magic, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) the Agreements; (b) your use of the Services or the Yearbook Magic Sites, including any data or work transmitted or received by you; (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you; and (d) the infringement or misappropriation of any intellectual property right relating to the use of the Services or Yearbook Magic Sites.
11. COMPLIANCE WITH LAWS
The Yearbook Magic Sites are controlled and operated from Yearbook Magic’ offices within the State of Michigan, U.S.A. Yearbook Magic makes no representation that Content or materials in the Yearbook Magic Sites are appropriate or available for use in other locations. Those who choose to access the Services and Yearbook Magic Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. GENERAL PROVISIONS
A. Independent Contractors. The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this T&C shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
B. Waiver and Severability. No failure, delay in exercising or enforcing any right or remedy hereunder by Yearbook Magic shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provisions of this T&C is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the T&C shall remain enforceable.
C. Applicable Law. This T&C shall be governed by, construed and enforced in accordance with the laws of the State of Michigan, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party, or Yearbook Magic brings to enforce this T&C, or in connection with any of the Agreements or matters related to the Services or Yearbook Magic Sites shall be brought only in either the state or Federal courts located in Wayne County, Michigan. You expressly consent to the jurisdiction of said courts.
D. Entire Agreement. This is the entire agreement between the parties relating to the matters set forth herein, and shall not be modified except in writing, signed by Yearbook Magic.