Diamond Players Recruits
TERMS AND CONDITIONS OF USE
Please read these terms and conditions of use carefully.
Please make sure to read and understand our Refund Policy.
USE OF INFORMATION AND MATERIALS
This Website is not directed at children, but children may access and browse the Website without disclosing any personal information. Diamond Players Recruits does not knowingly collect personally identifiable information online from children who are under 13 years of age without guardian oversight. Please visit https://www.ftc.gov/privacy/privacyinitiatives/childrens.html for more information about protecting children’s online privacy.
By registering for a Recruiting Profile membership, you represent and warrant to Diamond Players Recruits that You are at least 18 years of age or that You are the parent or legal guardian of a minor whose information is to be posted on the Site, that you possess the legal right and ability to enter into this Agreement, including without limitation that You have the authority to contractually bind the organization that You represent. No information on any minor under the age of 13 shall be submitted to the Site. You warrant and represent that Your minor child is 13 years of age or older.
You may be asked to register on or through our website to participate in or receive various services offered by Diamond Players Recruits. The availability of these services may vary, and, in the future, we may add other services that may be accessed through our website. While your use of our website is subject to these Terms and Conditions, other services offered by Diamond Players Recruits may be subject to additional terms and conditions.
When you register, you will select a user name and password. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you. You agree to immediately notify Diamond Players Recruits of any unauthorized use of your user name and password. You further agree not to adopt an inappropriate user name of any kind.
By registering on our website, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current.
COLLEGE COACHES, RECRUITERS AND PROFESSIONAL SCOUTS
College coaches, recruiters, and professional scouts may register for a free membership which gives them added benefits, including contact information for players, parents, and references. Said members may be required to provide information verifying their relationship with an approved organization. Any person who attempts to register for a Recruiters and Scouts membership without proper verification will not have access to confidential information.
HIGH SCHOOL AND CLUB TEAM COACHES
High and club team coaches may register for a free membership which gives them added benefits, including a discounted Recruiting Profile membership for each player in their program. Said members may be required to provide information verifying their relationship with an approved organization. Any person who attempts to register for a School and Club Team Coaches membership without proper verification will not have access to the discount Team Program.
VALID EMAIL ADDRESS
You must supply and maintain a valid and verified email address in order to use this service. Invalid email addresses and those that have not been verified through the verification email (if required) sent upon sign-up will be deleted from our system, and you will be denied access to the Website.
USER SUBMISSIONS TO OUR WEBSITE
Our website may allow you to post, disseminate, submit, transmit, host, share and/or publish various materials and information, including, without limitation, videos, photographs, biographical information, and other materials (collectively, “User Materials”). You are solely responsible for your User Materials and the consequences of posting, disseminating, submitting, transmitting, hosting, sharing, and/or publishing such User Materials on and/or to our website.
By using our website and posting, disseminating, submitting, transmitting, hosting, sharing and/or publishing such User Materials on and/or to our website, you represent and warrant that you own the entire right, title, and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent, and release herein), and that such User Materials: (i) are original and have not been copied in whole or in part from any other work; and, (ii) do not violate, infringe and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights.
You hereby grant to Diamond Players Recruits and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners, and those acting with the authority of the foregoing (collectively, “Diamond Players Recruits Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sub-licensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode such User Materials, in any and all formats and through any and all means and channels, including without limitation through streaming and downloading technologies, on the Internet, in publications and advertisements, at scouting/recruiting events and in kits distributed to the media. You further hereby irrevocably consent and allow the Diamond Players Recruits Parties to use and share the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in such User Materials (collectively “Names and Likenesses”). You also hereby irrevocably waive as against the Diamond Players Recruits Parties all moral rights and rights of restraint in such User Materials.
You hereby fully and completely release, forever discharge, hold harmless, and agree to defend and indemnify the Diamond Players Recruits Parties from any and all claims, liabilities, demands, actions, suits, causes of action, and damages (including costs, expenses, and attorneys’ fees), that you, or any third party, shall or may have arising out of or in connection with the use of such User Materials and/or Names and Likenesses as provided herein. The license, consent, and release herein is binding upon you and your heirs, executors, administrators, successors, licensees, and assigns.
You acknowledge that Diamond Players Recruits reserves the right to display advertisements in connection with such User Materials, to display such User Materials with similar materials from other users, and to use such User Materials for marketing, promotional, and advertising purposes. You further acknowledge that Diamond Players Recruits has the right, in our sole discretion, to pre-screen, pre-approve, refuse and/or remove from our website, without prior notice, any User Materials, including without limitation User Materials that violate the Terms and Conditions.
If you have any comments or questions regarding content or materials on our website, please contact Diamond Players Recruits using the contact information found at the end of the Terms and Conditions. If you believe in good faith that any content or materials on our website violate your copyright, please contact us as provided in the following section of the Terms and Conditions.
TERMS AND CONDITIONS OF PURCHASE
Users shall pay in advance any service fees and other charges incurred by User at the rates in effect for the billing period in which those charges are incurred. For situations where credit card payment is utilized, User shall provide a current authorization for Diamond Players Recruits to debit Subscriber's credit card account for such amounts. In addition, User shall provide Diamond Players Recruits with a current street address and Internet e-mail address for all communications and shall keep this contact information current. User shall pay all applicable taxes related to purchases by User. For situations where the User's credit card issuing financial institution has been notified of a payment dispute, said User agrees that proof of Service usage by User constitutes User authorization to submit a payment request to Credit Card issuing financial institution. Cybershoplifters (thieves who make legitimate purchases on the Internet with a valid credit card and then deny they placed the orders or claim that the merchandise or service received is not what they expected) will be prosecuted. EACH OCCURRENCE OF A USER-INITIATED CREDIT CARD CHARGEBACK (a sale reversal that occurs when a customer contacts his or her credit card-issuing bank or credit card company to request a refund for a purchase that they or someone else made on their credit card) WILL RESULT IN A $50 ADMINISTRATIVE FEE ASSESSED TO THE SUBSCRIBER'S ACCOUNT. Diamond Players Recruits may, in addition, at its sole discretion and without notice to the User, (a) suspend its performance under this Agreement and deny User’s access to and use of the Service until User is back in good standing, or (b) terminate this Agreement and User’s access to and use of the Service. Diamond Players Recruits will not provide a refund for any unused portion of the Services paid in advance by User.
All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our website, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and “look and feel” of our website, and the software comprising and/or embodying the foregoing (collectively, the “Diamond Players Recruits”), are owned, controlled or licensed by or to Diamond Players Recruits, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws. Your use of our website gives you no ownership rights in the Diamond Players Recruits Content.
You may not, without limitation, copy, reproduce, republish, download, print, post, broadcast, record, mirror, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of our website or the Diamond Players Recruits Content except as follows: (i) you may download the Diamond Players Recruits Content to your website viewing device for the purpose of viewing it; and, (ii) you may print portions of our website and the associated Diamond Players Recruits Content for your personal informational use as long as the printed portions are not subsequently modified or altered in any way. Any use other than as permitted under the Terms and Conditions may be undertaken only with the prior written authorization of Diamond Players Recruits.
TERMINATION OF YOUR RIGHT TO USE OUR WEBSITE
Diamond Players Recruits reserves the right to suspend, restrict and/or terminate your access to our website at any time, without notice, in our sole discretion, and without limitation to any of our other rights. Further, Diamond Players Recruits reserves the right to terminate your account if your User Materials are the subject of multiple DMCA notifications (see below) and/or you are deemed to be a repeat infringer.
PRODUCTS AND SERVICES OFFERED BY DIAMOND PLAYERS RECRUITS
Diamond Players Recruits may offer products and services on or through our website. When you enroll for such products or services, you accept the specific agreement(s) applicable to such products or services. Your use of any such products or services is governed by the terms and conditions in the applicable agreement(s) for such products or services, and to the extent, such products or services are provided through our website, the Terms and Conditions also will apply.
LINKS TO OTHER WEBSITES
Our website may provide links to other websites or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to you and, unless otherwise explicitly stated, should not be construed as an endorsement by Diamond Players Recruits of the content, product or services on such websites or resources. Your access and use of such websites or resources, including the content, products, or services thereon, are solely at your own risk. We make no representations or warranties with respect to the content, ownership, or legality of any such linked websites, and you agree that Diamond Players Recruits has no responsibility or liability for the availability of such websites or resources or for the content, advertising, products, services or other materials available through such websites or resources.
LINKING TO OUR WEBSITE
You may not link to the Diamond Players Recruits website (diamondplayersrecruits.com) without our prior written consent.
THIRD-PARTY ADVERTISING ON OUR WEBSITE
Unless otherwise explicitly stated, Diamond Players Recruits does not endorse or guarantee any third-party products or services advertised on our website or any third parties sponsoring parts of our website. Your dealings with advertisers or other third parties found on or through our website are solely the responsibility of you and the third party. These dealings include without limitation your participation in promotions, the payment for and delivery of products and services if any, and any terms, conditions, warranties, or representations associated with such dealings. You agree that Diamond Players Recruits will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of the presence of such third parties on our website.
DISCLAIMER OF WARRANTIES
The content on our website is for informational purposes only. All content and services on our website are provided by Diamond Players Recruits on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, with respect to our website or the information, content, materials, services, or products included on our website. We will provide our website with reasonable skill and care and substantially as described in these Terms and Conditions. However, we do not make any other promises or warranties about our website or any websites linked to our website. You expressly agree that your use of our website is at your sole risk.
We do not warrant that our website, its servers, or e-mail sent from us are free of viruses or other harmful components. While we use all reasonable efforts to correct any errors or omissions within our website as soon as practicable once they have been brought to our attention, we do not warrant that the information on our website will be free from errors or omissions. While we attempt to be as accurate as possible, we do not warrant that descriptions or other content on our website are accurate, complete, reliable, current, or error-free.
We do not warrant that our website will be available uninterrupted and in a fully operating condition. Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our reasonable control.
LIMITATION OF LIABILITY
In no event will Diamond Players Recruits be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website, any information received from the Website, any email distributed to any user or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Diamond Players Recruits, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Without limiting the generality of the foregoing, the liability of Diamond Players Recruits, if any, to any user of the Website shall not exceed the amount actually paid by such user in the preceding twelve months.
Diamond Players Recruits may change the price for the paid subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Diamond Players Recruits subscription after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by canceling your Diamond Players Recruits subscription prior to the price change going into effect.
The Recruiting Player Profile is an annual subscription service: If the subscription is not canceled during the initial 10-day free trial period and after the subscription fee is paid, no refund will be made for the current year’s subscription. The cardholder assumes the risk of any changes in the student-athlete’s recruiting process, including but not limited to: loss of interest in pursuing college sports, a change of team/organization, lack of interest from targeted schools, and a verbal or official commitment to a college. The student-athlete Diamond Players Recruits profile may be removed from the Diamond Players Recruits platform at any time upon request. However, this does not affect the Refund Policy.
Annual subscriptions automatically renew every year and can be canceled on the Diamond Players Recruits website or can be canceled by contacting firstname.lastname@example.org. Diamond Players Recruits is not responsible for refunding subscriptions that automatically renew due to non-cancelation.
An organization (High School or Club Program coach or administrator) entering into a contract with Diamond Players Recruits is subject to the agreement per the contract for the particular organization. For student-athletes that have a subscription provided through an organization, Diamond Players Recruits does not provide refunds for dues paid to an organization for the use of Diamond Players Recruits services.
Organization Integration Policy: If the student-athletes organization joins Diamond Players Recruits as an integrated organization, his/her individual subscription account may change if desired. The policy goes into effect on the date the individual is transferred to the organization’s account.
Diamond Players Recruits subscriptions and services are non-refundable (see Refund Policy).
USER CONTENT STANDARDS
These content standards apply to any and all User Content. User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe the copyright, or other intellectual property or other rights of any other person, or otherwise contain any content, materials, data, or other information that is not lawfully provided to us.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
LIMITATIONS ON USE
Only one individual may access diamondplayersrecruits.com at the same time using the same email or password unless we agree otherwise. Diamond Players Recruits reserve the right, at our sole discretion, to immediately revoke your account for scraping jobs, copying copyrighted text, or otherwise misusing or misappropriating site content.
In addition to the foregoing, you agree that you may not use the Website.
In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any mass advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate another user or any other person or entity (including, without limitation, by using email addresses or user names associated with such person or entity).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
COPYRIGHT INFRINGEMENT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT
We will respond to notices of alleged copyright infringement that comply with applicable law. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. If you believe any materials accessible on or from the Website infringe your copyright, you may request the removal of those materials (or access to them) from the Website by submitting a written notification to our copyright agent designated below. To be valid in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is email@example.com. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
The Diamond Players Recruits name and logo are trademarks and service marks of Diamond Players Recruits. All other trademarks and service marks that may appear on the Website are the property of their respective owners.
Certain sections or pages on the Website may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern those sections or pages.
Diamond Players Recruits may freely transfer all or any portion of their rights under this Agreement without notice.
These Terms and Conditions shall be governed by and construed under the law of the State of Washington, without regard to conflicts of laws rules. You agree that the courts of Washington state shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts in Pierce County, WA. Any action arising out of the Terms and Conditions must be brought within one (1) year after the cause of action has arisen.
LIABILITY FOR TECHNICAL DISRUPTIONS TO OUR WEBSITE
If you cause a technical disruption of our website or any aspect of its functionality, you agree to be responsible for any and all loss, costs, liabilities, or expenses Diamond Players Recruits may suffer, and you agree to be liable for any attorneys’ fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other vendors in law or equity.
You agree to compensate, indemnify, defend, and hold harmless Diamond Players Recruits, our officers, directors, employees, agents, business partners, affiliates, distributors, licensors, and licensees for, from, and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of our website and any violation of the Terms and Conditions.
Each provision of the Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
This website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
This Site can be accessed from countries other than the United States. This Site may contain Diamond Players Recruits products or services or references to Diamond Players Recruits products or services that are not available outside of the United States. Any such references do not imply that such Diamond Players Recruits products or services will be made available outside the United States. If You access and use this Site outside the United States, You are responsible for complying with Your local laws and regulations.
HOW TO CONTACT US
Should you have questions or concerns about the Terms and Conditions, please contact us by email as follows:
Diamond Players Recruits
Attention: Website Terms and Conditions