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TopYa! is a service and tool that players, coaches and parents use to help players develop skills and passion for sports and physical activities, to express and develop their creativity in these activities, to inspire others and be inspired by others through sharing their sport activity videos and achievements, and to encourage skill challenges with friends, teammates, members of their clubs, and other players throughout the world.
a. User-Provided Information. You provide us information about yourself, such as your name, age, profile image, country of origin, stats or level of expertise and e-mail address and applicable identifying or, if applicable, payment information, when you register for an account. You will also be asked to select a username. Your username and other information you choose to add to your profile will be available for public viewing on the Service. As a result, we recommend that You not use your real name as your username unless you are comfortable with disclosing this information. Furthermore, if you are registering for a paid account or otherwise acquiring the Service from us, we will ask you to provide payment information. TalentKode uses a third-party payment processing service to process such transactions. We do not retain any such payment or financial information following your transaction. If you believe your payment information has been submitted without your consent, please contact us immediately and we will work with you to resolve any concern with our payment processing service. In addition, if you post comments, videos or other User Content, such User Content will be available to anyone using the Service as well as anyone searching the Web. Such User Content may include identifiable information such as your face and other identifiable items contained within the video or other User Content.
b. We may use your email address or other information concerning your devices to send you notices (including any notices required by law, in lieu of communication by postal mail) or alerts. You can control receipt of certain messages or alerts on your Profile or Settings page or, if applicable, on your mobile device. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
c. If you use your Facebook, Twitter, or other social networking site ("SNS") account information to sign in to our Service or to otherwise link your TopYa! account to an SNS, we will collect and store your SNS user ID and will also extract any information from such SNS that is needed to either complete your account registration, to provide a list of users with whom you may want to connect and, if applicable, permit you to use such SNS to enable single sign on functionality.
d. You also provide us information that you post (or that a child you have authorized on the Service, if applicable) to the Service including videos, replies to videos, and other communications to other users on the Service (collectively, "User Content"). Your User Content and other contributions on the Service, and metadata about them (such as when you posted them) are, by default, publicly viewable on the Service along with your username. This information may be searched by search engines and be republished elsewhere on the Web in accordance with our Terms of Service.
e. If you choose to link another user on the Service or participate in one or more Freestyle Challenges, your User Content will be made available to such linked users.
f. We use these automated technologies to collect and analyze certain types of information we consider to be non-personal information, including: (a) information related to the devices you use to access or interact with the Service, such as: IP addresses, geolocation information, unique device identifiers and other information about your mobile phone or other mobile device(s), browser types and browser language; and (b) information related to the ways in which you interact with the Service, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Service, and other similar information. We may also capture other data, such as search criteria and results.
g. We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Service), and may use that information to customize the Service with location-based information and features.
i. TalentKode uses information we collect to analyze how the Products or Service is used, diagnose service or technical problems, maintain security, personalize content, remember information to help you efficiently access your account, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, and track User Content and users as necessary to comply with the Digital Millennium Copyright Act and other applicable laws. We also may use this your information to suggest other users with whom you may want to connect or Freestyle Challenges that may be of interest to you.
a. Personally Identifiable Information. TalentKode may share your information and User Content with third parties for the purpose of providing the Service to you and as needed to implement the Service (such as by notifying friends on the Service that you have posted a video, achieved a badge or to otherwise deliver any Service that you have purchased). In all other cases, we will ask your consent before disclosing your Personally Identifiable information to an unaffiliated third-party.
c. TalentKode may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect TalentKode's rights or property.
You may, of course, decline to submit personally identifiable information through the Service, in which case TalentKode may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account. Furthermore, in the event you elect to terminate your account, we will remove any videos that you have posted within a reasonable time following such termination. Other user content (such as comments or replies to other videos) will remain available following termination.
Protecting the privacy of young children is especially important. TalentKode does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with the Service unless we have received express parental or guardian consent in compliance with the Children's Online Privacy Protection Act (COPPA). If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information. In the event that you have consented to your child's use of the Service, we recommend that you manage and verify any content that they choose to share and review and modify any privacy settings that may exist in the Service. Parents have the option to agree to collection and use of child's information without consenting to the disclosure of the information to third parties by contacting TalentKode at the notice address below. TalentKode may not require a child to disclose more information than is reasonably necessary to participate in any activity. Parents can review their child's personal information collected by the Service and my contact TalentKode at the notice address below to request that their child's information be deleted or refuse to allow further collection or use of their child's information. In order for parents to exercise the foregoing rights, parents must communicate their requested changes to TalentKode at the notice address below.
TopYa! is a service and tool that players, coaches and parents use to help players develop skills and passion for sports and physical activities, to express and develop their creativity in these activities, to inspire others and be inspired by others through sharing their sport activity videos and achievements, and to encourage skill challenges with friends, teammates, members of their organizations, and other players throughout the world.
A. Registering an Account. You may use our Service only if you are legally able to form a binding contract with TalentKode, and only in compliance with these Terms and all applicable laws. When you create your account or authorize an account on behalf of your child, you must provide us with accurate and complete information. Failure to provide accurate information may limit the functions and features available and the termination of your account. You may not:
1. Select or use a username of another person with the intention of impersonating that person;
2. Use a username of anyone else without authorization;
3. Use a username in violation of the intellectual property or other legal rights of any person; or
4. Use a username that TalentKode considers, in its sole subjective discretion, inappropriate.
B. Children Under 13. Use or access by anyone under the age of thirteen (13) is permitted but the social features require acknowledgement by your Sponsor—such as parent(s), legal guardian(s) or an adult coach who has received written permission from your parent(s) or legal guardian to use the Service. We reserve the right to implement any type of verification, including your request to enter a credit card or other information to verify your identity, prior to permitting the creation of an account for a child under thirteen (13) years of age in compliance with the Children’s Online Privacy Protection Act (COPPA). Failure to do so will result in the immediate termination of your account.
C. Our License to You. Subject to these Terms, the Policies and your registration of an account, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service for personal educational purposes on your own behalf. If you want to use our Service for purposes beyond your own use, you must create and pay for an organization account and agree to our separate commercial license. Portions of our Service include software that may be downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those portions of the Service, and these Terms will apply to such upgrades. You do not have the permission to distribute content from the Service through any medium unless TalentKode makes available the means for such distribution through functions offered by the Service.
A. Sharing Your User Content and Information. The Service allows you to post content, including videos, photos, graphics, sounds, audiovisuals, comments, and other materials. Anything that you post or otherwise make available on our Service, or that your child (if applicable) makes available on the Service, or that is posted on our social media sites is referred to as "User Content.” You retain all rights in, and are solely responsible for, the User Content you create and share through our Service. You further agree that the User Content you submit to the Service will not contain third party copyright protected material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant TalentKode all of the license rights granted herein. Please see our Digital Millennium Copyright Act notice contained within the Policies.
B. License to your User Content. Because one of the purposes of TopYa! is to share the development of skills and achievements, you grant TalentKode (and its successors and affiliates) a worldwide, irrevocable, permanent, nonexclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content in connection with the Service and TalentKode’s (and its successors' and affiliates') business, including without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels in perpetuity. We reserve the right to remove User Content for any reason including User Content that we believe violates these Terms or our policies. You specifically hereby grant each user of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display and perform such Content as permitted through the functions of the Service. The above licenses are perpetual and irrevocable. You agree that all User Content shall comply with the Policies.
C. How Long do we Keep your Content. Following termination or deactivation of your account or removal of any User Content, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes and for any other purposes granted to us under these Terms. Furthermore, other users that you have allowed to receive your User Content when posting (such as a coach or fellow player) may retain and continue to use, store, display, and perform, any of your User Content that other users have stored in their respective accounts. Additionally, derivative works created with your User Content may continue to be used for TalentKode’s business following the termination or deactivation of your account.
D. Feedback you Provide. We value hearing from our users, and are always interested in learning about ways we can make TopYa! more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
TalentKode complies with the Digital Millennium Copyright Act. In the event that you feel a work of yours has been reposted or reused in violation of copyright law, please see our DMCA Notice contained in the Policies.
We care about the security of our users and ask that you keep your username and password in a safe place. While we work to protect the security of your User Content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are responsible for any activity that occurs through your account or any accounts of your children that you have authorized and you agree you will not sell, transfer, license or assign your account, username, or any account rights.
From time to time, TalentKode or its suppliers, advertisers, customers or partners may conduct promotions on or through the Service, including without limitation auctions, contests, sweepstakes and electronic postcards ("Promotions"). Each such Promotion may have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Service (the "Rules"). If any conflict arises between these Terms of Service and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
We may terminate or suspend this license and your access at any time, with or without cause or notice to you. Upon termination, you continue to be bound by these Terms. Notwithstanding the foregoing, in the event that you have a paid subscription, we will suspend your account for cause following written notice and an opportunity to cure such breach. If such breach remains uncured after ten days following transmission of such notice, we will terminate your account without refund. In the event you are able to cure such breach to our satisfaction, at our sole subjective discretion, we will reinstate your account.
If you use our Service for commercial purposes in violation of these Terms, as determined in our sole subjective discretion, you agree to indemnify and hold harmless TalentKode and its officers, directors, employees, affiliates and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Service, (b) your User Content, or (c) your breach (or a breach by your child, if applicable) of any of these Terms.
The simple fact is that while we do our best to provide a useful and educational product, we cannot guarantee that there will not be errors, that players will reach a specific level of skill development, that the site will not be down for maintenance, that the Service will provide completely accurate data or that User Content you post will not be lost or deleted. For this reason, the Service and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. TalentKode SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We also know that there are people out there that like to use a Service like ours for improper purposes, including posting obscene content. We take no responsibility and assume no liability for any User Content that you or any other user or third-party posts or transmits using our Service. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TalentKode SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL TALENTKODE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with TalentKode, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION ABOVE, YOU AGREE THAT DISPUTES BETWEEN YOU AND TALENTKODE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ALL SUCH ARBITRATION PROCEEDINGS SHALL OCCUR EXCLUSIVELY IN DENVER, COLORADO.
You may opt out of this agreement to arbitrate. If you do so, neither you nor TalentKode can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: TalentKode Sports P.O. Box 200758 Denver, CO 80220. You must include your name and residence address, the email address you use for your account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with TalentKode.
In accordance with the Digital Millennium Copyright Act (“DMCA”), TalentKode will respond expeditiously to claims of copyright infringement committed using the TalentKode website or application (the "Products" or “Service”) that are reported to our Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringement of your copyrights that are taking place on or through the Service by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to our Designated Copyright Agent. Please see 17 USC 512(c)(3) for further details. Upon receipt of the Notice as described below, we will take all appropriate action, including, if appropriate, removal of the challenged material from the Service. The Notice must include the following: (1) identify the copyrighted work that you claim has been infringed; (2) identify (i) the material that you claim is infringing information reasonably sufficient to permit us to identify the material, and (ii) the reference or link, to the material or activity that you claim to be infringing; (3) provide your mailing address, telephone number, and, if available, email address; (4) include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." and "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." And (5) provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed to:
TalentKode Sports, Att. Designated Copyright Agent, P.O. Box 200758 Denver, CO 80220 with a copy via email to [email protected]
If any User Content posted by you has been removed under a DMCA Notice and you believe such materials were not infringing or that you had the authorization from the copyright owner or its agent or pursuant to the law to post and use the materials, you may send a counter-notice to the Designated Copyright Agent at the address above, which counter-notice shall contain the following information: (i) identification of the User Content that has been removed and the location at which the material appeared before it was removed, (ii) the following statement “I have a good faith believe that the User Content was removed or disabled as a result of mistake or misidentification of the User Content”, (iii) your name, address, telephone number and email address, your signature and the following statement “I consent to the Jurisdiction of the federal court in Denver, Colorado and I will accept service of process from the person who provided the original Notice that alleged infringement.” A copy of the counter-notice may be sent to the original complaining parting providing such complaining party 10 business days in which to respond or otherwise TalentKode shall have the right to replace the removed User Content.
These Terms shall be governed by the laws of the State of Colorado, without respect to its conflict of laws principles. We each agree to submit to the sole and exclusive personal jurisdiction of a state court located in Denver County, Colorado or the United States District Court for Colorado, for any actions not subject to Section XI (Arbitration), in which case such Arbitration proceedings shall also be conducted in Denver, Colorado. Our Service is controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other jurisdictions.
A. Notification Procedures and changes to these Terms. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. Please review the Terms of Service periodically. If a revision, in our sole discretion, is material, we will notify you by sending a notice to the email that you used when registering your account or through a notification in the Service. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
B. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TalentKode without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
C. Entire Agreement/Severability. These Terms, together with the Policies and any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and TalentKode concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
D. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
E. Questions or Concerns? Please contact us at the following email: [email protected], Tel: 303.222.0038 or mail us at the following address: TalentKode Sports, P.O. Box 200758 Denver, CO 80220 and we will endeavor to respond to any questions or concerns promptly.
This Terms and Conditions of Service was last updated on January 26, 2016.
TopYa! is a service and tool that athletes, coaches and parents use to help players develop skills and passion for sports and physical activities, to express and develop their creativity in these activities, to inspire others and be inspired by others through sharing their sport activity videos and achievements, and to encourage skill challenges with friends, teammates, members of their organizations, and other players throughout the world. This Acceptable Use Policy is a part of and incorporated by reference into those certain Terms and Conditions of Service (the “Terms of Service”) governing the use of TopYa! and the TalentKode Service. Capitalized terms used herein shall have the same meanings as set forth in the Terms.
As such, in order to make the TopYa! a safe and useful place to develop skills …
A. You agree not to post User Content that:
1. is not related to developing or promoting sports and physical activity skills
2. is sexually explicit or pornographic;
3. creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
4. may create a risk of any other loss or damage to any person or property;
5. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
6. violates, or encourages any conduct that violates laws or regulations;
7. contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
8. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
9. infringes any third party's intellectual property rights, such as copyright, trademark or trade secret, privacy rights, publicity rights, or other personal or proprietary rights;
10. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
11. is fraudulent, false, misleading, or deceptive.
B. You further agree not to engage in any of the following prohibited activities:
1. Use, display, mirror or frame the Service, any individual element within the Service, the TalentKode or TopYa! name, trademarks, logos or other proprietary information, or the layout and design of any page, without our express written consent;
2. Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
3. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TalentKode or any of our providers or any other third party (including another user) to protect the Service;
4. To upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TalentKode or other generally available third party web browsers;
5. Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
6. Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by TalentKode;
7. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
8. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
9. Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
10. Impersonate or misrepresent your affiliation with any person or entity;
11. Violate any applicable laws or regulations;
12. Request, collect or store username, password, token or any other account authentication information from other users;
13. Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy or the Terms and Conditions of Service; or
14. Alter any component of the Service.