Rowster Org. ("Rowster Org.," "we" or "us") through the Rowster Facebook Application and our website www.Rowster.org (the “Site”), (collectively “Rowster”) provides an online community for college rowing coaches looking to recruit athletes to their rowing programs and high school rowers interested in rowing in college. Coaches using Rowster can setup an account and profile and in doing so are provided access to a database of high school rower profiles containing personal, rowing and academic information of the participating high school rowers (the “Services”). The purpose of Rowster is to foster intercommunication between the college rowing coaches seeking athletes and high school rowers interested in rowing at the collegiate level.
Please read the following Terms and Conditions Agreement (the “Agreement”) carefully before using Rowster. By establishing or accessing a connection to the Site, other than to read the terms and conditions of this Agreement, you agree to be bound by (1) this Agreement and (2) the Rowster Privacy Policy, which is incorporated herein by reference. This is a legal agreement between you and Rowster Org. and applies to you whether you are a registered user of Rowster ("Member") or a non-registered user just browsing.
Rowster Org. may at any time modify this Agreement and/or the Privacy Policy. Changes to this Agreement or the Privacy Policy shall become immediately effective upon the posting of the changes to Rowster, and your continued use of Rowster will signify your agreement to the terms and conditions in force at the time of your use.
To become a Member, you must be an active coach of a collegiate level rowing program, and set up a user account (an “Account”). To set up an Account, and thereby set up your Coaches Profile (defined below) and gain access to Rower Submissions (defined below), you will have to submit the required information including your name, college or university affiliation, website information, years of experience, coaching position and contact information. We encourage you to review our Privacy Policy for information about our policies and procedures regarding the collection, use and disclosure of information we receive from Members.
You are responsible for safeguarding and maintaining the confidentiality of your Account information. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify Rowster Org. of any unauthorized use of your Account or any other breach of security within (24) twenty-four hours of such use being known to you.
If you become a Member, you will provide true, accurate and complete registration information and will maintain as current and promptly update relevant personal and professional information provided to Rowster. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
If you become a Member and create an Account, you consent to the use of: (a) electronic means to complete this Agreement and to provide you with any notices given pursuant to this Agreement; and (b) electronic records
Certain types of content are made available through Rowster, the Site and Services. "Rowster Content" as used in this Agreement means, collectively, the text, data, graphics, images, photos and video files made available through Rowster or the Site, excluding Rower Submissions. "Rower Submissions" as used in this Agreement means, collectively, the text, data, graphics, images, photos and other content and information which rowers post, upload and otherwise submit to the Site, including without limitation in Rower created profile pages. ROWSTER RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY ROWSTER CONTENT OR ROWER SUBMISSIONS FROM THE SITE WITHOUT NOTICE.
You agree to act responsibly and to treat other users with respect. Users also must not use Rowster to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be blocked from Rowster and removed from the Site.
You agree not to post, email, otherwise make available Content that:
Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable Advertises any illegal services or the sale of any items prohibited or restricted by applicable law Is harmful to minors or displays sexually explicit material of any kind Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc. Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, Members or the Service Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without Rowster Org.'s prior consent Contains personally identifiable information about another member that is published without their express consent Contains material originally posted by another member that is reposted without permission or attribution Has misleading email addresses or other manipulated identifiers to disguise its origin In addition you agree not to: Contact anyone who has asked not to be contacted "Stalk" or otherwise harass anyone Delete or revise any material posted by any other user Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Sites Attempt to gain unauthorized access Rowster Org. computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the ServiceWe may immediately terminate or suspend your access to Rowster, the Site and Services and remove any material from Rowster, the Site and our servers, in the event that you breach this Agreement. Notwithstanding the foregoing, we also reserve the right to terminate your access to Rowster, the Site and Services at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease. Rowster Org. is not liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Rower Submissions) that you have submitted on the site or that which is related to your account may no longer be accessed by you or others. Furthermore, Rowster Org. will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
You may terminate your Account at any time and for any reason by clicking "Cancel Account" on the Site. Upon any termination, the related Account will no longer be accessible.
Any suspension, termination or cancellation will not affect your obligations to Rowster Org. under this Agreement (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Rowster or the Site may provide links to third party websites or resources. You acknowledge and agree that Rowster Org. is not responsible or liable for the availability or accuracy of, and Rowster Org. does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
A. Content
You may access and use Rowster, the Site, Services, Rowster Content and Rower Submissions for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Rowster, the Site, Services, Rowster Content, Rower Submissions or related products and services. You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Rowster, the Site, Services, Rowster Content, Rower Submissions. Rowster Org. owns all right, title and interest, including all worldwide intellectual property rights in Rowster, the Site, Services, Rowster Content, and the trademarks, service marks and logos contained therein other than Rower Submissions.
(i) Disclaimer.Rowster Org. has no ability to control the Rower Submissions that are uploaded, posted, emailed or otherwise transmitted using the Site or Services and does not have any obligation to monitor such Rower Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Rower Submissions or anything said, depicted or written by Members, including without limitation any information obtained by using Rowster or the Site. Rowster Org. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rowster Org. with respect thereto.
YOUR USE OF ROWSTER, THE SITE, SERVICES, ROWSTER CONTENT AND ROWER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. ROWSTER, THE SITE, SERVICES, ROWSTER CONTENT AND ROWER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ROWSTER ORG. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO ROWSTER, THE SITE, SERVICES, ROWSTER CONTENT AND ROWER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. ROWSTER ORG. DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ROWSTER AND THE SITE; OR (II) THAT ROWSTER, THE SITE, SERVICES, ROWSTER CONTENT AND ROWER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROWSTER ORG., WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL ROWSTER ORG., ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ROWSTER, THE SITE, SERVICES, ROWSTER CONTENT AND ROWER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ROWSTER ORG. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify, and hold Rowster Org., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with (i) your access to or use of Rowster, the Site, Services, Rowster Content and Rower Submissions; (ii) your violation of this Agreement; (iii) your violation of any third party right; or (iv) any claim that one of your submissions caused damage to a third party, including without limitation claims that your Rower Submissions are infringing.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in the State of California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. In the event that any provision in this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Rowster Org. and any prohibited assignment will be null and void. Rowster Org. may assign this Agreement or any rights hereunder without your consent. The relationship of the parties under this Agreement is that of independent contractors, and this Agreement will not be construed to imply that either party is the agent, employee, or joint venturer of the other. You agree that this Agreement and the rules, restrictions and policies contained herein, and Rowster Org.'s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Rowster Org. This Agreement together with the rules and policies of Rowster Org. constitutes the entire agreement between Rowster Org. and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by Rowster Org. via email (in each case to the address that you provide), (b) a posting on Rowster or the Site, or (c) by you via email to rowster.org or to such other addresses as Rowster Org. may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.