BeTheBeast

Terms and Conditions of Use

Introduction

This website is designed to be a community for high school sports players and their supporters. It consists of a directory of profiles on players, high schools and colleges. This content is either captured from public sources or it is entered online by the entity. A player's profile and their associated high school sports and academic information can be shared with college coaches for the purpose of athletic recruiting. The player profiles and associated content makes it easier for colleges to identify, evaluate, and contact a player. The availability of college and high school profiles, on the site, allows players and their supporters to more easily do research on these entities. The services (the "Services") offered by this website include access to our directories, recruiting tools, specialized databases, communication templates, our proprietary recruiting methodologies and our expert consulting services. We also have a standalone college recommendation product called CollegeFinder. Some of these services are offered at no cost and some are offered on a subscription basis. System access to the Personal Recruiter product expires on 8/31 of the player's high school senior year.

Acceptance Of Terms

This website is owned by BeTheBeast, a Delaware corporation  (the "Company", "BeTheBeast," "We" or "Us"), and it and its Services are hosted in the United States.  The following terms and conditions of use (the "Terms of Use" or "Agreement") apply to any and all visitors to and users of this site (hereinafter referred to as "User" or "You"). All access to and use of this website and any Services provided by this website are governed by these Terms of Use, as well as by the website's Privacy Policy.  Note that, unless explicitly stated otherwise, any new features, products or Services that change, augment or enhance the current Services offered by this website shall be subject to and governed by these Terms of Use.  Also, note that the use of certain materials or the conduct of certain transactions on the site may be subject to additional terms and conditions that will be made available to Users prior to using such material or completing such transactions. Unless otherwise provided in any of the additional terms and conditions applicable to any of those website Services in which you choose to participate, the additional terms and conditions hereby are incorporated here into this Agreement as though set forth in full. In the event of any conflict between this Agreement and any license agreement or other specific agreement that You enter into with BeTheBeast in connection with any transactions or conduct on this site, the license agreement or other specific agreement will control as to the conflicting terms. 

PLEASE READ THIS AGREEMENT CAREFULLY.  BY ACCESSING OR USING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AND TO OUR PRIVACY POLICY AND YOUR AGREEMENT TO BE BOUND BY OUR TERMS AND CONDITIONS AND BY ANY AND ALL OTHER TERMS, POLICIES AND GUIDELINES INCORPORATED HEREIN BY REFERENCE.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HERE AND IN OUR PRIVACY POLICY AND/OR DO NOT WISH TO BOUND BY THEM, YOU MAY NOT ACCESS OR USE THIS SITE AND YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY.  TO FURTHER SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHEN CLAIMING A PROFILE, YOU MUST CHECK THE BOX NEXT TO "I ACCEPT."  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CHECK THE BOX NEXT TO "I ACCEPT" AND DO NOT ACCESS OR USE THIS WEBSITE OR ANY OF ITS SERVICES. NOTE THAT YOU ARE BOUND BY THIS AGREEMENT WHETHER OR NOT YOU ACCESS, DOWNLOAD, UPLOAD OR COPY CONTENT UNDER THE TERMS OF THIS AGREEMENT.  THE COMPANY RESERVES THE RIGHT, AT ITS DISCRETION, TO CHANGE, ADD, REMOVE OR OTHERWISE TO MODIFY PORTIONS OF THESE TERMS OF USE AND/OR OF THE PRIVACY POLICY AT ANY TIME WITHOUT PRIOR NOTICE OR NOTIFICATION.  PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY POLICY PERIODICALLY FOR CHANGES.  YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY SUCH CHANGES SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THEM.    

PLEASE NOTE THAT YOU MUST AT LEAST THIRTEEN YEARS OF AGE TO CLAIM A PLAYER'S PROFILE AND/OR TO REGISTER WITH THIS WEBSITE. PERSONS YOUNGER THAN THIRTEEN YEARS OF AGE MAY NOT CLAIM A PLAYER'S PROFILE, REGISTER FOR ANY KIND OF ACCOUNT, PROVIDE PRIVATE INFORMATION OR ACCESS OR USE THIS WEBSITE AND THE SERVICES OFFERED THROUGH THE WEBSITE.

By claiming a player's profile, You represent and warrant that You are over the age of thirteen (13), that Your parents or legal guardians are aware and authorize You to do so and that You affirmatively and expressly accept these Terms of Use. In addition, You represent that You are claiming the profile on behalf of Yourself and that you are authorized to do so.

By registering for a college coach or administrator account, You represent and warrant that You are at least eighteen (18) years of age, currently employed as a NCAA Division I, II or III or other college athletic association coach and/or administrator and/or official collegiate recruiter, authorized by that college to register with this website on behalf of that school, and authorized to accept these Terms Of Use on behalf of that school. You further represent and warrant that Your school will indemnify BeTheBeast for any damages or claims arising out of Your/its violations of these Terms Of Use, as discussed more particularly below.

By registering for a high school coach or administrator account, You represent and warrant that You are at least eighteen (18) years of age, currently employed as a high school coach and/or administrator and authorized by that school to register with this website on behalf of that school, and authorized to accept these Terms Of Use on behalf of that school. You further represent and warrant that Your school will indemnify BeTheBeast for any damages or claims arising out of Your/its violations of these Terms Of Use, as discussed more particularly below.

Registration Obligations

This site allows Users to utilize a variety of Services in connection with creating their customized player's profile, including having access to Our database, software to build a customized profile, tools to rate Your player level to help You to determine which schools are the best fit, search tools to help You research colleges and universities of interest and other features. Services for coaches, administrators and recruiters include access to Our database, search tools to help You find the best players for Your sports programs and other features. To access and utilize the various Services on this website, Users will be required to register with Us and create a customer account ("Account"), which will require You to provide certain information about Yourself and/or about the school You represent. In registering for an Account, You agree to provide Us with true, accurate, current and complete information as requested by Us ("Registration Information").  The Registration Information may include name, e-mail address, home address, credit card information, other payment information, and/or other personal or confidential information about You, such as height, weight, birthdate, test scores, grades, anticipated college major, etc. and, for coaches, administrators and recruiters, information about the school You represent and about Your sports program.

In registering for an Account, You further agree as follows:

  • To refrain from impersonating or falsely representing Your affiliation with any person or entity;
  • To maintain and update the Registration Information;
  • To access the website using only the Account number and password associated with Your Account;
  • To maintain a valid e-mail address at all times and promptly notify Us in writing of any changes to your e-mail; and
  • To be responsible for maintaining the confidentiality of Your Account, Account number and password and any and all consequences of use or misuse of Your Account and password.
  • By providing your mobile phone number you are signing up for periodic alerts from BeTheBeast, NCSA and CaptainU LLC. Message and data rates may apply. Approximately 5 messages/month. Text HELP in reply to any message you receive from BeTheBeast for help. Text STOP in reply to cancel.

For more information regarding BeTheBeast's use of this information or any other information You may provide to Us, please read the Company's Privacy Policy.

Please note that only one individual may access the website at the same time using the same username and password, and each user may have only one Account with this website.

Once You claim a player's profile or register as a school coach, administrator or recruiter, You shall be liable for any payments due by anyone using Your Account, with or without Your permission or knowledge prior to the time that You notify BeTheBeast of any authorized use of Your Account, password or username.  BeTheBeast is not liable for any loss or damage arising from Your failure to follow these obligations. You agree that You shall not acquire any rights of use, ownership, or bailment as a result of using any BeTheBeast's Account or website or related Services.

Eligibility, Password, And Using The Services

By claiming a player profile and/or registering as a coach, administrator or recruiter, You become a "Member" and, as such, represent and warrant that (i) all Registration Information You submit is truthful and accurate; (ii) You will maintain the accuracy of all such information; (iii) You are eighteen years of age or older if registering as a coach, administrator or recruiter or over the age of thirteen if registering as a player; and (iv) Your use of the website Services does not violate any applicable law or regulation.  Please note that, if you are under eighteen years of age, You cannot register as a coach, administrator or recruiter.

When You register for an Account, You will be asked to choose a password. You are solely and entirely responsible for maintaining the confidentiality of Your account number and password and for any and all use of Your Account. You agree not to distribute this access information or allow unauthorized persons to use or access this information to gain access to this Site. You agree to log off Your Account at the end of each session so that no one else can gain access to the website Services through Your Account and to take reasonable steps to prevent others from obtaining your access information. You agree not to use the Account, username, or password of another User at any time unless You are authorized to do so or to disclose Your password to any other person or entity that is not authorized to act on Your behalf or on behalf of the school You represent. You agree to notify Us immediately if You suspect that there has been any unauthorized use of Your account or access to Your password, if You believe the confidentiality of Your password has been compromised in any manner, or if you need to remove access for any of your employees or agents.

Upon submission of Your Registration Information and the completion of the registration process, subject to the provisions of this Agreement, You will be able to access and use this site's Services, including possibly having access to certain data, information, text, images (including photographic and moving), logos, audio or video clips, sound illustrations, digital downloads, data compilations, software, proprietary technology and platforms, and the selection and arrangement thereof (collectively, "Content"), and to engage in other Services, including being able to upload or post your own Content.

The Company reserves the sole discretion and judgment regarding whether to grant to You an Account, and the Company reserves its right to terminate, without notice to You, Your Account and Your access to this site if, in the Company's sole discretion and judgment, You fail to comply with any term of these Terms of Use, anything within the site's Privacy Policy, or any terms of any license agreements, or for any other reason.  Should Your account be terminated for any reason, You agree immediately to discontinue all use of this site and, subject to any specific license agreements that You have entered into with BeTheBeast and/or in connection with this site, You agree to discontinue use any of BeTheBeast's images or other Content or information, to delete all images and Content (including all copies) from all magnetic media and to destroy all other copies.

While We make reasonable efforts to ensure that this website is available at all times and provides accurate information, We do not guarantee, represent or warrant that this website or its Services will be uninterrupted or error-free, and We do not guarantee that Users will be able to access or use all of the website's features and Services at all times.  This site may contain technical or other mistakes or inaccuracies, as well as typographical errors. 

We also do not guarantee or warrant that any Content that you may have uploaded or otherwise used in connection with Your Account will not be subject to inadvertent damage, corruption, or destruction.  You are responsible for backing up and saving images and other Content. If any data, messages, images, videos, audio clips or other Content in your Account and/or which is stored on this website is lost or corrupted in any way, We have no obligation or liability to You. We assume no responsibility if this site or any of its Services become unavailable for any reason or fail to meet Your requirements, or if any Services provide inaccurate or untimely information.

In addition, be aware that this site and its Services may include historically or culturally important images, text, data, information or other Content involving subjects and issues that reflect the social attitudes and circumstances of a particular time or location. If You conduct searches on this website, the searches may display results containing images, information or Content that may seem inappropriate in context, irrelevant to the desired result of Your search, or potentially offensive to You. BeTheBeast is not responsible for the results of Your searches, nor liable for any damages (direct or indirect, consequential or incidental) or any claim arising out of Your use of any images, data, information or Content that You obtained from this site.  

Use of the website and its Services is void where prohibited.

Children

Persons under the age of eighteen (18) are not eligible to register as a coach, administrator or recruiter. Persons between the ages of thirteen (13) and eighteen (18) may claim a player profile website, with the knowledge and consent of Your parents or legal guardians. If You do not have the consent of Your parents or legal guardians and/or You are under the age of thirteen (13), We ask that You do not claim a player profile, register for an Account, submit any personal or confidential information to Us, or otherwise access or use this website or its Services unless authorized by your your parents or legal guardians.

Watermarking/Digital Rights Management, Limited License, Services, Membership Levels, Fees, Site Use And Conduct

1. Watermarking/Digital Rights Management
To protect BeTheBeast, its image and Content sources, and other licensors, partners or affiliates, images or other Content may be visibly, invisibly, electronically or otherwise watermarked and/or may include the use of any kind of digital rights management system technology or equivalent technology within the content. Such technology ("rights management systems" or "RMS") may allow for online "crawling" or tracking of any Content obtained from BeTheBeast, or may utilize any other kind or method whatsoever of monitoring, tracking, protecting, or otherwise preventing the unauthorized use of Content. If You do not consent to the use by BeTheBeast of RMS or other equivalent technologies, You should not use this site.  Moreover, You shall not knowingly disable any RMS technology or equivalent technologies or tools. 

2. Limited License
Unless there is an agreement in writing with BeTheBeast explicitly stating otherwise or as otherwise expressly provided on this site, We grant You only a limited, revocable, nonsublicenseable license (the "Limited License") to access and to display portions of the Intellectual Property (excluding any software code) from this site solely for Your personal, non-commercial use in connection with viewing this website and using its Services. In accordance with these Terms of Use, You are not permitted to download any Content, material or Intellectual Property that You do not own (including, without limitation, software, text, graphics, or other Content), except for using the Content or other Intellectual Property on the customized profile pages You created pursuant to the Services and, in addition, You may print single copies of pages, as necessary to access and use the site for personal, non-commercial use provided that all downloaded material or Content shall retain all copyright, trademark and/or other proprietary notices in the same form and in the same manner as such notices appear on the material or on the site. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software that You are permitted to download from this site, except as may be permitted by law. Except only as expressly provided within this Agreement or elsewhere on this site, this site (or any derivative work based on it), its Contents or any other material from this site may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without BeTheBeast's prior express written consent. Except only as expressly provided within this Agreement or elsewhere on this site, User may not otherwise reproduce, modify, distribute, transmit, post, or publish any Content or material from the site without BeTheBeast's prior written consent. All rights not expressly granted to You here and/or within this site, including ownership and title, are reserved for BeTheBeast (or other owner) and are not transferred or licensed to You.

3. Services
When a User claims a player profile on this website and provides the necessary Registration Information, the Member then has access to Our profile building tools, including Our database with information about Your high school and sports teams, tools to rate Your player level to help You to determine which schools are the best fit, search tools to help You research colleges and universities of interest and other features.
When a User registers a coach, administrator or recruiter and provides the necessary Registration information, the Member then has access to Our database, search tools to help You find the best players for Your sports programs and other features.

4. Membership Levels
A User may register for free or paid levels of membership. Paid membership levels may expire at the stipulated time for that product.

5. Fees
BeTheBeast reserves the right to change, alter or modify its fee structure and amounts at any time. If and when We do so, We will post that information here in these Terms & Conditions, as well as on the relevant pages of the website.
We comply with California Civil Code section 1789.3 and California Business and Professions Code section 17538. The relevant information in compliance with those sections regarding pricing, consumer rights complaints and consumer inquiries in compliance with those sections is set forth below in a separate section of these Terms of Use.

6. Site Use And Conduct
If You choose to upload any Content or images onto this website, please note that You are solely and completely responsible for determining whether Your use of such Content or images requires the consent of any third party or the license of any additional rights for Your intended use.  You must not rely solely on the information on this website to determine whether additional rights are required for Your intended use of any Content or images.  If You are unsure whether additional third-party rights are needed for Your intended use, You are responsible for consulting with competent rights management professionals, legal counsel, or other relevant individuals or entities.

Moreover, any materials that You are permitted to download from this website pursuant to the Limited License or otherwise shall retain all copyright, trademark and/or other proprietary notices in the same form and in the same manner as such notices appear on the material or on the site, unless You enter into an agreement with BeTheBeast that explicitly states otherwise.  Users may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form any software that You may be permitted to download from this site, except as may be permitted by law.  Except only as expressly provided within this site or as expressly provided within any agreement that You may enter into with BeTheBeast, this site (or any derivative work based on it), its Contents or any other material from this site may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without Our prior express written consent.  User may not otherwise reproduce, modify, distribute, transmit, post, or publish any material from the site without Our prior written consent. All rights not expressly granted to You here and/or within this site, including ownership and title, are reserved for BeTheBeast (or other owner) and are not transferred or licensed to You.  You may use this site and its Services only as expressly licensed, and not for any purposes that are unrelated to your business with BeTheBeast.

While visiting this site, User shall not submit, post, publish, distribute or transmit: (a) material that is illegal, indecent, vulgar, obscene, libelous, defamatory, harmful, threatening, abusive, harassing, tortious, hateful, racially, ethnic or otherwise objectionable, false or misleading; (b) material other than that which may be requested by an interactive application or tool on the site; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy, or other rights of third parties; (e) a computer virus, worm, Trojan horse, spyware, adware, or any other element that is destructive to the site or to any Company hardware or software accessible through the site or its third party hosting facility; (f) a digital or manual signature, password, or other element that impersonates a Company employee, associate or affiliate, or any forged TCP/IP headers or parts of a header; or (g) material that intentionally or unintentionally violates any applicable local, state, national or international law or any regulations or rules having the force of law.

You agree to comply with all laws, rule and regulations that apply to Your use of this website and its Services.  You also agree that You and any person with access to Your Account or password will NOT, directly or indirectly, in connection with or using this website or Services do any of the following:

  • Modify, adapt, translate or reverse engineer any portion of the website or its Services or redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software or other materials that You are permitted to download from this site, except as may be explicitly permitted by law;
  • Deep link or employ any software, device, technology or algorithm to "crawl," "scrape," search or monitor this site and/or retrieve or copy images or Content or related information, including, without limitation, any data mining, robots or similar data gathering or extracting methods;
  • Reformat, frame, manipulate or display by using any navigational technology or otherwise any portion of this website, its Services or any web pages that are part of the Services; 
  • Interfere with or disrupt or hack into the website or its Services or servers or networks connected to these Services, or disobey any requirements, procedures, policies or regulations of networks connected to these Services, including violating any mechanical restrictions of this site or bypassing any other measures employed to prevent or limit access to the site or Content by hacking or by any other means;
  • Copy, redirect, or exploit the site or any images or Content on the site;
  • Probe, scan, or test the vulnerability of the site or of the provider or network supporting the site, or seek any information about Users of the site or personal or confidential information about any Users or customers;
  • Use any device, technology, software, or routine that would interfere with the normal and proper functioning of the site, or any transaction conducted on or in connection with the site; 
  • Disable any RMS technology or equivalent technologies or tools;
  • Submit or otherwise transmit any Content or other material that intentionally or unintentionally violates any applicable local, state, national or international law or any regulations or rules having the force of law;
  • Impersonate any person or entity, forge TCP/IP or other e-mail headers or parts of headers or other identifiers, submit or otherwise transmit a digital or manual signature, password, or other element that impersonates a Company employee, associate or affiliate or any other person or entity, or otherwise forge or disguise any user name or the source or quantity of e-mail or other transmissions;
  • Create multiple User or customer Accounts in violation of this Agreement or create User or customer Accounts by any automated means (unless otherwise expressly authorized under this Agreement);
  • Submit Content, information or other material to this website or through its Service that is abusive, libelous, defamatory, offensive, obscene, pornographic, indecent, lewd, suggestive, inflammatory, hateful, harmful, threatening, harassing, illegal, vulgar, dangerous, or tortious or that promotes bigotry, hatred or physical harm of any kind against any individual or group;
  • Interfere with the functioning of any other person's enjoyment of this website or any of its Services;
  • Submit any Content or other material to this website or through its Services that infringes any intellectual property, copyright, trademark, patent, trade secret, publicity, privacy, business, contractual or fiduciary rights, or other proprietary rights of any person or entity unless the express prior consent of such person or entity has first been obtained or submit any Content or material that You do not have a right to transmit under all applicable laws or under contractual or fiduciary relationships (such as, for example, inside information, trade secrets, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Submit or otherwise promote illegal or unauthorized copies of another person or entity's copyrighted work;
  • Remove any copyright, trademark or other proprietary rights and/or notices contained in or on the website or any of its Services;
  • Submit or otherwise promote Content or information that You know is false or misleading;
  • Submit or otherwise promote Content or information that promotes illegal activity or that promotes conduct that is abusive, threatening, obscene, defamatory, libelous, invasive or privacy or publicity rights or otherwise violative of a third party's personal rights;
  • Use the account, username, or password of any other User at any time or disclose Your password to any other person or entity or permit any other person or entity to access Your Account;
  • Solicit passwords or other personal identifying information from other Users for commercial or unlawful purposes; 
  • Violate or breach this Agreement, violate any law, rule or regulation, or encourage any third party (including any other User) to do so or to use this website or its Services in any manner that leads to a government complaint or investigation;
  • Further or promote any criminal activity or enterprise any criminal activity or enterprise or provide instructional information about illegal activities, including, but not limited to, making or buying illegal weapons, promoting physical harm or injury against any group or individual, promoting any act of cruelty to animals, violating someone's privacy, or providing or creating computer viruses, worms, "Trojan horses," spyware, adware, any other file or element that is destructive to this website or to any of its Services or to any Company hardware or software accessible through this website or its third party hosting facility, or any files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Modify, adapt, translate or reverse engineer any portion of the website or its Services or redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form software or other materials that You are permitted to download from this site, except as may be explicitly permitted by law;
  • Reformat or frame any portion of this website, its Services or any web pages that are part of the Services; 
  • Interfere with or disrupt or hack into the website or its Services or servers or networks connected to these Services, or disobey any requirements, procedures, policies or regulations of networks connected to these Services; or
  • Submit or otherwise transmit any Content or other material that intentionally or unintentionally violates any applicable local, state, national or international law or any regulations or rules having the force of law.

In addition to the foregoing listed activities, the following is a partial list of the kind of activities that are illegal and/or prohibited on this website:

  • Any criminal or tortuous activity, including, without limitation, child pornography, fraud, forgery, trafficking in obscene material, drug dealing, prostitution and related solicitations, gambling, harassment, stalking, impersonating any other person or entity (including other Users or Members), spamming, spimming, sending viruses, worms or other harmful files, copyright infringement, patent infringement, other infringements of proprietary rights and intellectual property, or theft of trade secrets;
  • Solicitation of or advertising to any Member or User to buy or sell any products or services through this website or its Services, unless You have the express permission and consent from BeTheBeast or from the User or Member. It is a violation of this Agreement for any User or Member to use any information obtained from this website or its Services to contact, advertise to, solicit or sell to any other User or Member without their prior explicit consent; 
  • Covering the banner advertisements on any BeTheBeast page via HTML/CSS or any other means;
  • Selling or otherwise transferring or assigning your BeTheBeast account without notice to Us;
  • Using any information learned or obtained from this website or its Services to harass, abuse, stalk, threaten or otherwise harm any person or entity;
  • Using the account, username, or password of any other Member at any time or disclosing Your password to any other person or entity or permitting any other person or entity to access Your account; or
  • Using the BeTheBeast or any of its Services in a manner that is inconsistent with any and all applicable laws and regulations.

BeTheBeast reserves the right to investigate and take appropriate legal action against anyone who, in BeTheBeast's sole discretion, violates this Agreement, including, without limitation, to remove any offending communications from the website or its Services, to terminate the Membership of violators and/or to take other similar actions and remedies. As explained above, We may, at Our discretion and in Our judgment, contact law enforcement authorities if We believe that anything unlawful is occurring or has occurred in relation to the website. We may provide copies of any relevant images, material or other Content to the law enforcement authorities and, in that connection, We may also give them access to any personal data that is held by Us.

Member Disputes

You are solely responsible for Your interactions with other Members and Users.  BeTheBeast reserves the right, but has no obligation or responsibility, to monitor any interactions between You and other Users or Members, including any disputes.

Ownership Of BeTheBeast's Content And Trademarks

This website and its Services includes Content that was not uploaded or posted by Users or Members. Such non-User and non-Member Content included on this site includes, without limitation, text, graphics, images (including photographic and moving), logos, designs, audio or video clips, digital downloads, data compilations, sound illustrations, software, technology, and the selection and arrangement thereof, as well as related informational materials in any medium or format and other Content (collectively, the "Intellectual Property") used by Us in the operation of this website and the provision of its Services. The copyright, patent, trademark, trade secret and all other rights in and to all such Intellectual Property are the property of BeTheBeast or BeTheBeast's Content suppliers, contributors, licensors or third party image providers and are protected by the laws of the United States and other countries and international treaties, including laws relating to the protection of copyright, trademark, trade dress, moral rights and other laws relating to the protection of intellectual property, except that certain uploaded materials may be the property of their respective owners. The compilation of Content of this site is the property of BeTheBeast and is protected by the laws of the United States and other countries and international treaties.

Certain logos and marks set forth on this website are the registered or unregistered trademarks of BeTheBeast in the United States. The look and feel of this site, including, without limitation, page headers, graphics, button icons and scripts, constitute service marks, trademarks and/or trade dress of BeTheBeast. All other trademarks, logos or other elements of the site that are not owned by BeTheBeast that appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to BeTheBeast. Except as otherwise explicitly provided within this Agreement or in any applicable license agreement that You enter into on or in connection with this site, nothing contained on this site shall be construed as granting any license or right to You under any trademark, copyright, patent or other intellectual property right of BeTheBeast or any third party. You may not use for any purpose, including as a link to this site, any name (including a product or service name, metatags or any other "hidden text" utilizing the term "BeTheBeast"), proprietary graphic, trademark, or service mark of BeTheBeast without BeTheBeast's prior written consent.  Likewise, You may not use any elements of the look and feel of this site, including, without limitation, page headers, graphics, button icons or scripts, without BeTheBeast's prior written consent.

Material Submitted By Users

Under certain conditions, and pursuant to the terms and conditions of this Agreement and/or pursuant to other rules, guidelines and agreements submitted, posted, presented or required by BeTheBeast, Users and/or Members may post Content to this website ("User Content").  All Users/Members posting User Content acknowledge and agree, subject to these terms and conditions, that Users/Members may retain any and all applicable copyright and other intellectual property rights with respect to any User Content that a User/Member creates and/or submits using the Services, to the extent that the User/Member has such rights under applicable laws.

Notwithstanding the foregoing, You understand, acknowledge and agree that, by submitting User Content to this website, You grant to Us – and you represent and warrant that You have the right to grant – (a) a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, and distribute Your User Content on this website and in connection with any of its Services; (b) a royalty-free, worldwide, perpetual, irrevocable non-exclusive right and license to copy, analyze, and use any of Your User Content as We may deem necessary or desirable for any purposes, including, but not limited to, providing Services, providing support services in connection with the Services, testing, or debugging;  (c) the perpetual and irrevocable right to delete any or all of Your User Content from this website and from Our Servers for any reason or for no reason, whether intentional or unintentional, and without any liability of any kind to You or to any other party.  In addition, You agree to grant to Us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise and utilize the copyright, publicity, database and other proprietary rights You have in Your account information, including any data or other information generated by Your account activity, in any media now known or hereafter devised, in accordance with Our Privacy Policy.

You also understand and agree that by submitting your User Content to this website and/or to any area of the Services, You automatically grant – or You represent and warrant that the owner of such Content has expressly granted – to us and to all other Users of this website and its Services a royalty-free, non-exclusive, worldwide, perpetual, transferable, irrevocable right and license, under any and all patent rights you may have or obtain with respect to your User Content, to use your User Content for all purposes within this website and its Services. You further agree that You will not make any claims against the Company or against other Users of this website or its Services based upon any allegations that any activities by either of the foregoing within this website infringe Your (or anyone else's) intellectual property rights or any other proprietary or privacy rights.

You further understand, acknowledge, and agree that: (i) You are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) You are solely responsible for, and the Company will have no liability in connection with, the legal consequences of any actions or failures to act on Your part while using this Website or any of its Services, including, without limitation, any legal consequences relating to Your or any other person or entity's intellectual property rights or other proprietary or privacy rights; and (iii) BeTheBeast's acknowledgement hereunder of You intellectual property rights or other proprietary in and to Your User Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of the Company's intention not to require Users of this website to forfeit or forego certain intellectual property rights, to the extent You may have any, with respect to any User Content submitted to this website or its Services, subject to the terms of this Agreement and any other rules, guidelines or agreements submitted, posted, presented or required by BeTheBeast.

BeTheBeast retains ownership of all User account data, regardless of any intellectual property rights in User Content. You acknowledge and agree that You do not own the account You use to access this website or its Services, nor do You own any data BeTheBeast stores on its servers (including without limitation any data representing or embodying any or all of your User Content). Your intellectual property rights in any User Content, if any, do not confer any rights of access to this website or its Services or any rights to data stored by or on behalf of the Company.

BeTheBeast's Control Of Information Provided By Users And Of The Website

You understand and acknowledge that BeTheBeast is a service provider that has created this website and its Services to allow Users and Member to access and share information and to interact via this website about high school athletics and college sports teams recruiting and to create, view and search for player profiles and college information, all in connection with college sports recruiting. You further understand and acknowledge that Members can alter the Content and other data and information presented to them on this website on a real-time basis. As a general matter, BeTheBeast does not – and is unable to – regulate all the Content and other information presented on this website, including any communications between Users or Users' interactions with the website's Services.  As a result, BeTheBeast has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of Content and other information provided by Members or Users.

BeTheBeast is not responsible or liable in any manner for any User Content posted on this website or in connection with the Services.  Although We provide rules for User conduct and postings, We do not – and cannot – control, and are not responsible for, what Members or Users may post, transmit, or share on this website, nor are We responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content that may be on this website or in connection with any User Content.  We are not responsible for the conduct, whether online or offline, of any User of this website or of its Services.

Material Owned By Third Parties and Linked Content

This site may include materials and content owned by third parties who are not Users or Members, as well as links to websites owned by third parties who are not Users or Members. Access to and use of any of this third party Content or material is at Your own risk. Please exercise discretion while browsing the Internet. You should be aware that, while you are on this site, you could be directed to other sites that are beyond the control of BeTheBeast. There may be links to other sites from BeTheBeast's pages that take you outside of BeTheBeast's site and its services. This may include links from affiliates, business partners, sponsors, Content providers or others that may or may not use BeTheBeast's logo(s) and/or trademark(s) as part of a co-branding or other agreement. When You leave this site, be aware that this site's terms, policies, and rules no longer govern. Moreover, these other sites may send their own "cookies" to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. While BeTheBeast reserves the right to disable links from third party sites to this site or vice versa, it makes no representations concerning the Content of sites linked to this site or listed or set forth anywhere within this site. BeTheBeast makes no claim or representation regarding any information or Content on such third party sites, and BeTheBeast takes no responsibility, directly or indirectly, for the accuracy or reliability of information, data, opinions, advice, statements, products, or materials, or any review, changes, or updates, on such third party sites, nor does it assume responsibility for Your reliance on or use of Content, products, or other materials obtained from such sites. Such reliance is at your own risk. Moreover, BeTheBeast cannot be held responsible for the quality, accuracy, relevancy, copyright compliance, legality or decency of material contained in sites linked to this site or listed or set forth anywhere within this site.

BeTheBeast's inclusion of any third party material or Content on this site shall not be construed as BeTheBeast's endorsement of any third party or the third party material or Content, nor does it imply affiliation or adoption by BeTheBeast of any site or of any information. No rights or license are granted to you in any of the third party material or Content.  You agree to defend and hold BeTheBeast harmless from any liability that may result from Your use of any third party material or Content that You accessed through or on this site.

Privacy

In addition to these Terms of Use, Your use of and access to this website also are governed by the Privacy Policy.  The terms and conditions of the Privacy Policy are, by this reference, included within and made part of this Agreement, as though set forth here in full.  You understand that any message, Content or information that you send, upload or otherwise submit to this site may be viewed or intercepted by third parties, even if there is a specific notice that the information is encrypted.

For more information on BeTheBeast's policies for use of Your personal and confidential information, please consult the Privacy Policy.

Disclaimer of Warranties, Limitation of Liability and Indemnity

You expressly agree that use of this website and any of its Services is at Your sole risk and responsibility.

THIS SITE AND ALL MATERIALS IN THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY GUARANTEES, WARRANTIES, OR REPESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SITE OR THE MATERIAL WITHIN THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY ALL APPLICABLE LAWS, BeTheBeast (INCLUDING ANY BeTheBeast SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONTENT PROVIDERS, LICENSEES, LICENSORS, AGENTS AND AFFILIATES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BeTheBeast DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  BeTheBeast ASSUMES NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THIS SITE OR FOR INFORMATION PROVIDED BY OR ACTIONS OR OMISSIONS OF THIRD PARTIES.  BeTheBeast DOES NOT WARRANT ANY CONTENT AVAILABLE AT OR THROUGH THE SITE, INCLUDING OF SUCH CONTENT'S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, AND NO SUCH CONTENT SHALL BEAR OR CREATE ANY WARRANTY BY BeTheBeast. Some jurisdictions may not permit the exclusion of limited warranties. Thus, certain disclaimers and exclusions may not apply to You, because they will not apply to the extent that a warranty is incapable of exclusion, restriction or modification under applicable law in a particular jurisdiction.

BeTheBeast is not responsible for any incorrect or inaccurate Content posted on this website or posted or transmitted through its Services by any Users or Members, even if such incorrectness, mistakes or inaccuracies are caused by any equipment or programming associated with or utilized in the Services or otherwise on this website.

BeTheBeast explicitly disclaims any responsibility for the accuracy, completeness, content, or availability of information found on sites that link to or from this site.  BeTheBeast cannot ensure that You will be satisfied with any products or Services that You purchase from a third party site that links to or from this site or third party content on this site.  BeTheBeast does not endorse any merchandise except as expressly provided, nor has BeTheBeast taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites or content.  BeTheBeast does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal or confidential information) that You may be requested to give any third party, and you hereby irrevocably waive any claim against BeTheBeast with respect to such sites and third party content.  BeTheBeast strongly encourages You to make whatever investigation You feel is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

BeTheBeast is not responsible for the conduct, whether online or offline, of any User or Member.

BeTheBeast assumes no responsibility if this site is unavailable or contains errors. IN CONNECTION WITH THE USE OF, OR THE INABILITITY TO USE, THIS SITE OR ANY MATERIALS OR FUNCTIONS ON THIS SITE, BeTheBeast (INCLUDING ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS) WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF DATA AND BUSINESS INTERRUPTION, WHETHER OR NOT THEY ARE FORESEEABLE AND WHETHER OR NOT BeTheBeast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, INCLUDING ARISING IN ANY WAY FROM USE OF OR SERVICE PROVIDED ON THIS WEBSITE, THIS AGREEMENT, CONTENT ON THIS WEBSITE, OR YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT OR OTHERWISE.  IN NO EVENT SHALL BETHEBEAST'S OR ITS AFFILIATES' LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE OR INABILITY TO ACCESS THIS SITE OR ANY OF THE CONTENT EXCEED $500.  YOU, AND NOT BETHEBEAST, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE BeTheBeast CONTENT. THE FOREGOING EXCLUSIONS AND LIMITITATIONS ON REMEDIES AND DAMAGES ARE APPLICABLE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. 

Certain jurisdictions may limit BeTheBeast's ability to disclaim responsibility for these damages and to limit its liability. Thus, this disclaimer and limitation of liability may not apply to You, because it will not apply to the extent that a liability is incapable of exclusion, restriction or modification under applicable law in a particular jurisdiction.

You agree to defend, indemnify and hold harmless BeTheBeast, its content sources, officers, directors, employees, contractors, subsidiaries, affiliates, joint ventures, agents, third party information providers, licensors, and licensees, from and against all liabilities, claims, damages (including punitive damages), judgments, settlements, and expenses (including reasonable attorneys' fees and costs) arising out of or related to your use of this site, Your failure to use this site, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Credit Cards, Billing Or Shipping Information

As a registered Member, You may have various fees and costs that You pay Us to use and create Your player profile, to register as a school coach, administrator or recruiter and/or to utilize Our search services or other tools. Also, You may purchase goods or other services pursuant to transactions with BeTheBeast and/or with participating merchants. In either case, to protect the security of Your credit card information, BeTheBeast employs the industry-standard Secure Sockets Layering ("SSL") technology.  To the extent BeTheBeast requests Your credit card information, BeTheBeast will encrypt Your credit card number when/if BeTheBeast stores Your order and whenever BeTheBeast transfers that information to participating merchants.

Keep in mind that BeTheBeast may provide Your credit card number, billing and/or shipping information, or other financial information to participating merchants from whom You may purchase goods or services and/or to financial institutions pursuant to transactions with BeTheBeast and/or participating merchants. The merchants are solely responsible for how they use that information and any other information they independently obtain from You or about You.  Otherwise, the Company does not share Your credit card information, billing or shipping information, or other financial information with anyone else.  For more information, please read the Company's Privacy Policy.

Changes & Termination

BeTheBeast may at any time and for any reason change, suspend, or discontinue any aspect of this site, these Terms of Use, the material within this site, the Privacy Policy of this site, or any third party material posted on or linked to this site without notice or liability to You.  Such changes or modifications become effective immediately upon posting on the site.  Your use of the site after the time any such changes or modifications are posted indicates your assent to those changes or modifications.

These Terms of Use are effective until terminated by either party.  Notwithstanding any other provision of this Agreement, BeTheBeast, without notice from BeTheBeast and in BeTheBeast's sole discretion and judgment, reserves the right to cancel, suspend or refuse access to this website or any of its Services to anyone.  Thus, Your access to this site may be terminated immediately without notice from BeTheBeast for any reason.  In particular, BeTheBeast will terminate Your access to this site if, in BeTheBeast's sole discretion, You fail to comply with any term of these Terms of Use or anything within the site's Privacy Policy.  Upon termination, You must cease use of this site, and, subject to the terms of any specific license agreement that You have entered into with BeTheBeast on or in connection with this site, You must immediately destroy any materials downloaded and/or printed from this site and all copies thereof, whether made pursuant to the Limited License, under the terms of these Terms of Use, or otherwise, as well as any installations of materials that You have obtained from this site.

Notice And Procedure For Making Claims Of Copyright Infringement

BeTheBeast may terminate the Accounts of any Users who infringe the intellectual property rights of others.  Pursuant to section 512(c)(2) of Title 17 of the United States Code, if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this site, You should notify the site administrator of the claimed copyright infringements in accordance with the procedure set forth below.

This site will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.  The DMCA requires that notification of claimed copyright infringement be sent to the designated agent, who is:

Copyright Enforcement

To be effective, pursuant to the DMCA, 17 U.S.C. § 512(c)(3), the notification must be in writing, and it must contain the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Consumer Rights Information; California Civil Code Section 1789.3 Compliance

With regard to any charges for any Services, products, Content, or information, relevant pricing information will be posted as part of the ordering process for this website, as well as in these Terms of Use and on relevant pages of the website.

Pursuant to California Civil Code section 1789.3 and California Business and Professions Code section 17538, Californians have rights to the following additional information:

The mailing address, e-mail address and telephone number for BetheBeast, Inc. and other information regarding contacting Us in connection with complaints or inquiries are:

3738 W 181st Street
Torrance, CA 90504
USA

You may contact Us with complaints and inquiries regarding pricing or Services, and We will investigate those matters and respond to inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 North Street, #501, Sacramento, California 95814, or by telephone at 916-445-1254.

Governing Law And Choice Of Law

This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by, construed, and interpreted in accordance with the laws of the United States of America and the State of California, regardless of any conflicts of laws rules, policies or doctrines.  This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which hereby is expressly disclaimed.  This Agreement is deemed accepted, executed, wholly entered into and wholly performed in the County of Los Angeles, State of California, independent of Your actual state or county of residence and/or domicile.  Any dispute arising out of or under or relating to this Agreement, whether at law or in equity, shall be resolved exclusively in the federal or state courts located in the County of Los Angeles, State of California, unless the parties mutually agree otherwise in writing, and You and BeTheBeast hereby irrevocably and unconditionally consent to the exclusive venue and personal jurisdiction of such courts, and waive any objections based on the doctrine of forum non conveniens.

Compliance With Export Control Laws/Territories Where Access Is Illegal

Some software, documentation, or technical information available on or through this website may be subject to U.S. or foreign export control laws.  By accessing, downloading, or using such software, documentation, or technical information, You represent and warrant that You are in compliance with any such applicable laws and regulations.  BeTheBeast makes no representation that materials on this site are appropriate or available for use in locations outside the United States. You agree not to access the site from territories to which export is prohibited or where such access is illegal.

Miscellaneous General Provisions

This Agreement, including this site's Privacy Policy and any specific license agreement that You enter into with BeTheBeast on or in connection with this site, constitutes the entire agreement between BeTheBeast and You with respect to Your use of this site, and it supersedes all previous and contemporaneous agreements or understandings, whether oral or written, between BeTheBeast and You with respect to Your use of this site, and, other than as expressly stated herein, it shall not be modified except in a writing signed by both parties.  No action of BeTheBeast, other than the express written waiver or amendment, may be construed as a waiver or amendment of this Agreement.  If, for any reason, a court of competent jurisdiction finds any portion of any provision of the Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.  If any provision of this Agreement shall be found by a court of competent jurisdiction to be unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  The parties confirm that it is their wish that this Agreement, as well as any other documents relating to this Agreement, including notices, has been and shall be written solely in the English language to be valid.  All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including, but not limited to, provisions for indemnity and any licenses granted by you to BeTheBeast. The failure of BeTheBeast to exercise or enforce and provisions of this Agreement shall not constitute a waiver of such right or provision.

If You have any questions regarding the Terms of Use, the website, the services or products offered on this website or regarding BeTheBeast, please contact us at support@bethebeast.com

Effective date Sep 1, 2011.  Last updated on Feb 14, 2018.