Terms of Service

Collegiate Sports Data (CSD) Terms of Service

Last Updated: March 6, 2021

Collegiate Sports Data ("CSD," "we," or "us") offers several online platforms to share and communicate data. Our website is located at collegiatesportsdata.com and we have several other services such as our online portals, mobile applications, and other online services (collectively referred to as the "CSD Service"). By securing an subscription with CSD or by using the CSD Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and CSD. If you do not wish to be bound by this Agreement, do not use the CSD Service.

Section 1. Who May Use the CSD Service

AGE REQUIREMENT: You must be at least 13 years old to use the CSD Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the CSD Service. Please have him or her read this Agreement with you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the CSD Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the CSD Service. If your child is using the CSD Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.

Section 2. License to Use the CSD Service

LICENSE: CSD grants you a limited, non-exclusive license to access and use the CSD Service for your own personal, non-commercial purposes. This includes the right to view content available on the CSD Service. This license is personal to you and may not be assigned or sub-licensed to anyone else.

COMMERCIAL USE: You may not use the CSD Service for commercial purposes unless:

You are a CSD PRO or higher subscriber, in which case you may use and access the CSD Service for commercial and non-commercial purposes, subject to compliance with the CSD Guidelines; or

You are a small-scale independent production company, non-profit, or artist, in which case you may use the CSD Service to showcase or promote your own creative works.

If you sell CSD-hosted videos directly to users other than through CSD On Demand, such usage will be deemed an "Application" under our API Terms (whether you use our API or not) and will be subject to our API Terms.

RESTRICTIONS: Except as expressly permitted by CSD in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the CSD Service or any source code therein. Nor will you attempt to circumvent any of CSD's technical measures or take any measures to interfere with or damage the CSD Service. All rights not expressly granted by CSD are reserved.

MOBILE APP: Your use of the CSD Service through our iOS mobile application is also subject to our iOS Mobile App Addendum.

3. Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

What information we may collect about you; how we use that information; and with whom we share that information.

4. Membership

REGISTRATION: To fully use the CSD Service, you must register as a member by providing a user name, and valid email address. You must provide complete and accurate registration information to CSD and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the CSD Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

SEAT ACCESS: If you are a Business subscriber that uses more than one seat, you may grant access to your account to other CSD members. You are responsible for the actions of those persons insofar as your account is concerned. If you are a CSD member who has been granted access to a Business account, you must comply with the terms of this Agreement in accessing that account.

5. Subscriptions and Purchases

SUBSCRIPTIONS: CSD offers paid subscriptions. Please see our subscription pages for current features and pricing. Features and prices are subject to change. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.

RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. CSD reserves the right to deny subscriptions, renewals, and other purchases for any reason.

END OF SUBSCRIPTION: When a paid subscription ends, the account automatically closes and CSD may disable access to or delete any content

6. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first subscribe and pay for the CSD Service or when a purchase order number is obtained as proof of purchase and commitment to pay for the CSD Service. The CSD Service continues for one year from date subscription begins.

TERMINATION FOR BREACH: CSD may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if CSD determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage CSD's reputation and goodwill. If CSD deletes your account for the foregoing reasons, you may not re-subscribe for the CSD Service unless you are approved for re-subscription by CSD.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by CSD will terminate. Sections 6 and 11 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. CSD shall not be responsible for the loss of such content.

7. Content Restrictions

You may not upload, post, or transmit (collectively, "submit") any video, image, text, or other work (collectively, "content") that:

Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);

Contains sexually explicit content or pornography;

Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;

Exploits minors;

Depicts or promotes unlawful acts or extreme violence;

Depicts animal cruelty or extreme violence towards animals;

Promotes fraudulent or dubious business schemes; or

Violates any law.

8. Code of Conduct

In using the CSD Service, you must behave in a civil and respectful manner at all times. Further, you will not:

Act in a deceptive manner by, among other things, impersonating any person;

Harass or stalk any other person;

Harm or exploit minors;

Distribute "spam";

Collect information about others; or

Advertise or solicit others to purchase any product or service within the CSD Site (unless you are an official CSD partner or advertiser and have a written agreement with CSD).

CSD has the right, but not the obligation, to monitor all conduct on and content submitted to the CSD Service.

9. Licenses Granted by You

As between you and CSD, CSD owns all content that you submit to the CSD Service. You grant CSD and its affiliates a non-exclusive, royalty-free license and right to copy, transmit, distribute, and display your content. If you make suggestions to CSD on improving or adding new features to the CSD Service, CSD shall have the right to use your suggestions without any compensation to you.

10. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to CSD and grant the licenses set forth above; (ii) CSD will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

11. Indemnification

You will indemnify, defend, and hold harmless CSD and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the CSD Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to CSD violates any law or infringes any third party right, including any intellectual property or privacy right.

12. Third Party Copyrights and Other Rights

CSD respects the intellectual property rights of others. If you believe that your copyright has been infringed, please contact us.

13. Disclaimers

CSD reserves the right to modify the CSD Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the CSD Service. CSD has no obligation to screen or monitor any content and does not guarantee that any content available on the CSD Service complies with this Agreement or is suitable for all users.

CSD provides the CSD Service on an "as is" and "as available" basis. You therefore use the CSD Service at your own risk. CSD expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, CSD makes no representations or warranties:

That the CSD Service will be permitted in your jurisdiction;

That the CSD Service will be uninterrupted or error-free;

Concerning any content submitted by any member;

Concerning any third party's use of content that you submit;

That the CSD Service will meet your business or professional needs;

That CSD will continue to support any feature of the CSD Service; or

Concerning sites and resources outside of the CSD Service, even if linked to from the CSD Service.

14. Limitation of Liability

To the fullest extent permitted by law: (i) CSD shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses.

15. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of Tennessee, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the CSD Service must be commenced in the state or federal courts located in Davidson County, Nashville, Tennessee, United States of America (and you consent to the jurisdiction of those courts). In any such action, CSD and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by CSD in exercising any right here under will waive any further exercise of that right. CSD's rights and remedies here under are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without CSD's prior written consent. No third party shall have any rights here under.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from CSD electronically. CSD may provide all such communications by email or by posting them on the CSD Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to info@collegiatesportsdata.com or the following address:

Collegiate Sports Data. 1321 Murfreesboro Pike STE 825 Nashville, TN 37217

Nothing herein shall limit CSD's right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by CSD on the CSD Site or a written amendment signed by an authorized representative of CSD. A revised Terms of Service will be effective as of the date it is posted on the CSD Site.

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

Mobile App Addendum

This Agreement constitutes the entire understanding between CSD and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.