Agreement between user and http://www.a10media.net
Welcome to http://www.a10media.net. The http://www.a10media.net website (the “Site”) is comprised of various web pages operated by Alexandra Tengco (“AT”, “us”, “we”, or “our”). http://www.a10media.net is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”, or “TOS”). Your use of http://www.a10media.net constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
http://www.a10media.net is a E-commerce Site
We provide an editing service for athletes looking for a highlight reel, whether it be for sharing with family or friends or if they need it to apply for a scholarship. Each highlight reel package (either a new reel or from existing video) includes: – 30 best plays from 8 games of your choice with an indicator on the player before each play. You can select the plays yourself or we can select them for you. – Stat page with photograph of athlete and contact information – YouTube link to share with coaches, family, friends, etc. and hosting for 1 year – Video file of the highlight reel to upload online or to make your own DVDs (sent via email) – 1 DVD copy with crystal case and cover (no copyright protection; can make more copies) – OPTIONAL ADD-ONS: — 1 full game tape included on highlight DVD — Additional plays and games — Additional DVDs ($25 for 5 copies with cover and crystal case) — 4 business day rush order, based on availability
Visiting http://www.a10media.net or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.a10media.net only with permission of a parent or guardian.
You may cancel your order within 24 hours from when you placed the order by sending an email to email@example.com or calling and leaving a message at (818) 253-1046. You will receive an email confirming your cancellation. All deposits are non-refundable.
You will be responsible for paying for your own shipping costs for: delivery of game tape to us (flash drives, hard drives, or DVDs) and return of game tape to you, as well as shipping of your finished DVD. Shipping costs are non-refundable if package have already been sent in the mail or we have already received your game tape.
Links to third party sites/Third party services
http://www.a10media.net may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with our operators.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.a10media.net strictly in accordance with these terms of service. As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AT or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of AT and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AT or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by us from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AT Content accessed through http://www.a10media.net in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless AT, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AT in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALEXANDRA TENGCO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ALEXANDRA TENGCO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALEXANDRA TENGCO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALEXANDRA TENGCO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALEXANDRA TENGCO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
AT reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AT as a result of this agreement or use of the Site. AT’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AT’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AT with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AT with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AT with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
AT reserves the right, in its sole discretion, to change the Terms under which http://www.a10media.net is offered. The most current version of the Terms will supersede all previous versions. AT encourages you to periodically review the Terms to stay informed of our updates.
We welcome your questions or comments regarding the Terms. If you have any questions about our Terms of Service, please email us at firstname.lastname@example.org.
Last updated: September 14, 2015
What We Collect
The information we collect may include, but is not limited to:
Your name, contact information, including email address, and other information.
What We Do With The Information We Gather
We require this information to better understand your needs and provide you with a better service, and in particular for the following reasons: internal record keeping, correspondence, and – if ordered and requested – for use on the product itself (stat page on the video). Before we publish the video, there will be client confirmation of information to be used.
We may use the information to improve our products, service, and site. By using the site, you agree to the collection and use of information in accordance with this policy.
We are committed to ensuring that your information is secure, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to Other Websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites and such sites are not governed by this privacy statement.
You should exercise caution and look at the privacy statement applicable to the website in question.
Our Site does not address anyone under the age of 13. If a child under the age of 13 wants to use our site and service, they must do so with their parent’s consent. If information has been provided and your identity as parent has been verified, you can review the personal information, ask to have it deleted, and refuse to allow any further collection or use of your child’s information.
We do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian and you are aware that your children has provided us with personal information, please contact us.