1. Terms of Service & Privacy Policy

      By accessing or using the services (hereinafter, the "Services") located at www.babafoo.com (including all subpages, collectively the "Babafoo Website"), owned and operated by Babafoo, LLC, a California limited liability company, or by registering to use the Services, you agree to be bound by the terms and conditions of this Terms of Service & Privacy Policy, as well as any other rules, guidelines and additional terms referenced herein, which are hereby incorporated herein by this reference (collectively, "Terms of Service & Privacy Policy").

      Description of Services

      Babafoo, LLC is a social networking and college sports recruiting website which provides Services for high school athletes, their family members, college coaches, and sports fans thirteen (13) years of age and older, helping them to connect, get discovered and share their sports experiences with one another.

      The Babafoo Website is intended to serve a general sports audience and does not provide specific features or services targeted at children under thirteen (13) years of age. Babafoo, LLC does not knowingly solicit personal information regarding children under thirteen (13) years of age, and we will delete any information determined to be from a user younger than thirteen (13) years of age.

      This Terms of Service & Privacy Policy sets out the legally binding terms with respect to your use of the Babafoo Website and our provision of the Services. Please read this Terms of Service & Privacy Policy carefully. Your access of and/or use of the Babafoo Website and/or the Services constitutes your acceptance of all of the terms and conditions of this Terms of Service & Privacy Policy. If you are unwilling to be bound by this Terms of Service & Privacy Policy, you may not access or use the Babafoo Website or the Services.

      The Services are proprietary to Babafoo, LLC and are protected by intellectual property laws and international intellectual property treaties. Upon completing the registration process, Babafoo, LLC will provide you with an account that provides you the personal, non-transferable and non-exclusive right to access and use the Services and the Babafoo Website, subject to the terms and conditions of this Terms of Service & Privacy Policy.

      Use of Services

      Your use of the Services provided by Babafoo, LLC on the Babafoo Website is expressly limited to non-commercial, personal and private use only. Any use for commercial gain without the express consent of Babafoo, LLC is prohibited.

      You agree to be solely responsible for any authorized or unauthorized access to your account. You represent and warrant to Babafoo, LLC that: (a) you have the power and authority to be bound to and comply with the terms of this Terms of Service & Privacy Policy and to perform your obligations under the terms of this Terms of Service & Privacy Policy; (b) you will comply with all terms and conditions of this Terms of Service & Privacy Policy; (c) if you choose to register, you have provided or will provide accurate and complete information during the registration process; and (d) you own or otherwise control the necessary rights or have the necessary consents to upload any content, including but not limited to messages, emails, photographs, images, articles, or video, that you provide through the Services ("User Submissions").

      You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which Babafoo, LLC may undertake from time to time; or (c) causes beyond the reasonable control of Babafoo, LLC or which are not reasonably foreseeable by Babafoo, LLC.

      Termination of Services

      Babafoo, LLC, in its sole discretion, reserves the right to: (a) terminate any member account, with or without notice, for any or no reason; (b) remove, suspend or disable any user's access to all or any portion of the services provided by Babafoo, LLC or the Babafoo Website; and (c) remove any content from the Babafoo Website, database, or servers at any time, with or without notice, for any or no reason.

      Truthful & Accurate Information

      You hereby acknowledge and agree that all of the information you have or will provide to Babafoo, LLC or post on the Babafoo Website is completely truthful and accurate, and not false, deceptive, or misleading. In addition, you agree that you have not, and will not, unrightfully or unlawfully access another user's information including, but not limited to, their password and username. Moreover, Babafoo, LLC is not responsible for any misrepresentation or misinformation provided by any person or entity including, but not limited to, an athlete, parent, coach, fan, team, trainer, school, and/or camp.

      Solicitation

      Solicitation of registered users of the Babafoo Website, is strictly prohibited. Legal action will be taken against any and all persons or companies soliciting registered users of the Babafoo Website. Furthermore, you agree you have not, and will not, use any of Babafoo, LLC's or the Babafoo Website's materials including, but not limited to, logos, graphics, art works, text, articles, database, and internet coding, without the express written consent of Babafoo, LLC. The Babafoo Website and the translated documents provided by Babafoo, LLC are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information or services obtained from the Babafoo Website without the express written consent of Babafoo, LLC.

      Prohibited Items and Activities

      The Terms of Service applies to your use of the Babafoo Website. You are solely responsible for your conduct and your content on the Babafoo Website and compliance with the Terms of Service. By registering with the Babafoo Website, or using or browsing the Babafoo Website, you acknowledge that you have read, understood, and agree to be bound by the Terms of Service.

      The Babafoo Website is not directed to, or intended for, children younger than thirteen (13) years of age and is offered only to users thirteen (13) years of age or older. Any person who provides their personal information through the Babafoo Website represents that they are thirteen (13) years of age or older.

      You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account, and you agree not to engage in any unacceptable uses of the Service including, but not limited to, use of the Services:

      • in a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
      • in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
        • to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate the Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
      • in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including, but not limited to, engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
      • in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
      • in a manner that is harmful to minors in any way;
      • in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
      • to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Babafoo Website without authorization;
      • to interfere or attempt to interfere with the proper working of the Babafoo Website or prevent others from using the Babafoo Website, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Babafoo Website, or that otherwise negatively affects other persons' ability to use the Babafoo Website;
      • to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy the Babafoo Website or the content contained therein;
      • to facilitate the unlawful distribution of copyrighted content;
      • in a manner that includes personal or identifying information about another person without that person's explicit consent;
      • Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of the Babafoo Website or to proxy authentication credentials for any member of the Babafoo Website for the purposes of automating logins to the Babafoo Website;
      • Post any content containing child pornography to the Babafoo Website;
      • Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
      • in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Babafoo Website or to users; and
      • in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.

      Additionally, you agree not to:

      • "Stalk" or otherwise harass anyone;
      • Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
      • Post any content that constitutes pornography, contains nudity, or is adult in nature.
      • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Babafoo Website - except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
      • Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Babafoo Website's infrastructure;
      • Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Babafoo Website;
      • Use the Babafoo Website as a generic file hosting service;
      • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Babafoo Website or for using it for purposes unrelated to the Babafoo Website); and
      • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Babafoo Website.

      NCAA, NAIA, and NJCAA Rules, Regulations, and Laws

      Babafoo, LLC and the Babafoo Website are not responsible for the actions of those users (including, but not limited to, coaches, athletic directors, colleges, boosters, athletes, parents, schools, teams, trainers, and/or fans) who do not abide by NCAA, NAIA, NJCAA, or any other collegiate athletic organizations' rules and regulations. Babafoo, LLC and the Babafoo Website are in no way affiliated with the NCAA, NAIA, NJCAA, or any other collegiate athletic organizations.

      All users are responsible for their own actions. Moreover, all users are responsible for knowing, and abiding by the NCAA, NAIA, NJCAA or any other college athletic organizations' rules and regulations. Neither Babafoo, LLC nor the Babafoo Website is responsible for any person or entity including, without limitation, coaches, athletic directors, colleges, boosters, athletes, parents, schools, teams, trainers, and/or fans, who violate the NCAA, NAIA, NJCAA or any other College Athletic Organizations' rules, regulations, or laws.

      Violators of any collegiate athletic organization's rules and regulations are subject to account termination. The Babafoo Website does not promote any violations of NCAA or specific sport governing body rules or regulations. The Babafoo Website has the right to terminate membership and usage of any users who Babafoo, LLC feels have violated the Babafoo Website's Terms of Service & Privacy Policy.

      Third Party Content

      The Babafoo Website contains links to different Internet websites. These links on the Babafoo Website are by no means endorsements of any services, products, or companies. Furthermore, information on such site has not been endorsed or approved by Babafoo, LLC. All responsibility and/or liability for any damages caused by viruses contained within this Internet website or in the channels of delivery are disclaimed.

      You are encouraged to use discretion while browsing the Internet using links initiated at the Babafoo Website. These third party links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. These links may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. Babafoo, LLC makes no representations concerning the content of sites accessible from the Babafoo Website.

      Collection of Information

      In order to provide you with the Services, you agree to provide certain necessary information during the registration process. Information we collect includes, but is not limited to:

      Email address
      Name
      Password
      Gender
      Date of Birth
      City
      State
      Sport

      Babafoo, LLC will store and process all of your personal information, taking care to preserve your privacy and security. Babafoo, LLC will not sell, trade, or otherwise disclose your personal information to third parties unaffiliated with Babafoo, LLC without your permission or appropriate prompts and notifications. Furthermore, Babafoo, LLC will not disclose your personally identifiable information unless required to do so in order to comply with applicable law including, without limitation, a subpoena, or other legal process. In the event that Babafoo, LLC should be acquired or substantially all of its assets transferred, your information shall be considered a transferable asset.

      Babafoo, LLC may also collect non-personal information not associated with your identity in order to improve and customize the delivery of the Services, such as IP addresses and cookies. In the event Babafoo, LLC makes a material change in the way your personal information is collected, the use of your personal information, or our email policies, you will be notified either by email or through a notice posted on the Babafoo Website.

      Because your sensitive data and information is very important to both you and us, Babafoo, LLC has implemented policies and procedures to protect your information. Babafoo, LLC operates secure data networks that are password protected and are not publicly available. While Babafoo, LLC will work hard to protect your information, Babafoo, LLC cannot ensure or warrant the security of any of the information you submit to us or receive from us. Babafoo, LLC reviews its security policies on a regular basis and will make changes as necessary.

      Use of Information

      Babafoo, LLC will use the personally identifiable information that you furnish to provide you with information about products and services available to you. Correspondence from Babafoo, LLC may contain commercial messaging, such as advertisements and offers from babafoo.com and/or select partners. We may use action tags to learn more about your visits to the Babafoo Website in order to provide emails about goods and services that may be of interest to you.

      This information may be used by the Babafoo Website to simplify the amount of information you will need to enter when using the features available on the Babafoo Website. In the event there is a change or update to the Services, Babafoo, LLC may use your information to contact you regarding such a change, update or description of related services. Your demographic data is used to show you content that may be of interest to you, and to help babafoo.com display the content of the Babafoo Website according to your preferences. Also, Babafoo, LLC uses your information to send you information about our company and select partners.

      We may share aggregate information collected by Babafoo, LLC with non-affiliated third parties. Aggregate information does not identify you, but rather is based upon a summary of information about all users. This aggregate information will help our advertisers better target advertisements and services that are more relevant to you.

      Personal Security Measures

      You are responsible for maintaining the confidentiality of your email address and password that you designate during registration. You agree to immediately notify Babafoo, LLC of any unauthorized use of your email address, name or password or any other security breach and you agree to exit from your account at the end of each session, especially if you are using public computers and networks. Additionally, you should be careful when inputting your email address and password in public settings, so others are not able to view this information. Babafoo, LLC will not be liable for any damage or loss due to your failure to comply with this provision.

      Moreover, you are solely responsible for your interactions with other members on the Babafoo Website. As such, you should not give out any personally identifiable information such as your personal email addresses, instant messenger addresses, personal URLs, telephone numbers and physical addresses to other members. Additionally, you should not give out any financial information or transmit electronically or physically any money to other members.

      You acknowledge and agree that Babafoo, LLC has no responsibility or obligations to you in the event that you choose to meet other members or visitors of the Babafoo Website. Furthermore, you acknowledge and understand that Babafoo, LLC does not (a) in any way screen or inquire into the backgrounds of our members or attempt to verify the statements of our members, or (b) make any representations or warranties as to the conduct of members with any current or future members.

      Copyright Dispute Policy

      Babafoo, LLC respects the intellectual property rights of others and expects the members of the Babafoo Website to respect the intellectual property rights of others as well. Babafoo, LLC will respond to claims of copyright infringement committed using the Babafoo Website and the Services that are reported to the Babafoo, LLC Designated Copyright Agent identified in the notice below.

      If you are a copyright owner, authorized to act on behalf of a copyright owner and/or authorized to act under any exclusive right under copyright, please report any alleged copyright infringement taking place on the Babafoo Website by providing the following DMCA Notice of Alleged Infringement (the "Notice"). Upon receipt of a Notice as described below, Babafoo, LLC will take such action, in our sole discretion, as we deem appropriate, including removal of the challenged use from the Babafoo Website or discontinuance of service to repeat offenders.

      DMCA Notice of Alleged Infringement

      Each DMCA Notice of Alleged Infringement shall:

      • Identify the copyrighted work, by title and with sufficient detail so that we can locate the infringing material on our site that you claim has been infringed and that access to which is to be disabled;
      • Include your full legal name, physical or electronic signature, mailing address, telephone number and email address; and
      • Include both of the following statements in the body of the Notice:
      • - "I hereby state that I have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
      • - "I hereby state, under penalty of perjury, that the information provided is accurate, and 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."

      Deliver this Notice, with all items completed, to Babafoo, LLC's Designated Copyright Agent at:

      Babafoo, LLC
      Designated Copyright AgentP.O. Box 67156
      Los Angeles, CA 90067
      copyright@babafoo.com Intellectual Property
      © 2011 Babafoo, LLC all rights reserved.

      Legal Disclaimer

      This Terms of Service & Privacy Policy is subject to change by Babafoo, LLC at any time, effective upon posting on the Babafoo Website, and your use of the Services after such posting will constitute acceptance by you of such changes. It is your responsibility to review this Terms of Service & Privacy Policy for any changes each time you visit the Babafoo Website. Your access to and continued use of the Babafoo Website at www.babafoo.com constitutes your acceptance of all provisions contained herein. If you do not agree with these terms, you should discontinue use of the Babafoo Website.

      Each member agrees that use of the Babafoo Website is at his/her sole risk. Babafoo, LLC does not warrant that the service of the Babafoo Website will be uninterrupted or error free. Babafoo, LLC does not make any warranty as to the results obtained from the Babafoo Website's usage or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Babafoo Website.

      Limitation of Liability and Indemnification

      UNDER NO CIRCUMSTANCES WILL BABAFOO, LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS PRIVACY & SERVICE POLICY, THE SERVICES, THE USE OF THE BABAFOO WEBSITE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO, YOUR USE OR INABILITY TO USE THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT BABAFOO, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, BABAFOO.COM, THE SERVICES OR THE BABAFOO WEBSITE, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.

      SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

      YOU AGREE TO HOLD HARMLESS AND INDEMNIFY BABAFOO, LLC., ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE, CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR THE BABAFOO WEBSITE.