The
Digital Sport’s Resume Subscription Agreement
SUBSCRIPTION AGREEMENT
This Subscription Services Agreement
(the “Agreement”) constitutes a legal, binding agreement between The Digital
Sports Resume (“DSR”) and the client identified in the account setup (“Athlete”,
“Coach”, “Recruiter”) for certain archiving or other Services (as defined in “ACCESS
AND SERVICES ”) and states the terms upon which DSR provides such Services to
Client. The “Effective Date” of the Agreement shall be the date upon which
Client first executes the account setup for Services. By completing the account
set up, Client agrees to the terms of this Agreement; provided that, to the
extent of any conflicting term, the account setup shall supersede this
Agreement solely with respect to the conflicting term.
1. ACCESS AND
SERVICES
Your
access to various services available depends on the user type one selects
(“coach”, “athlete”, “recruiter”). You may change or discontinue services at
any time. DSR reserves the right to
modify, suspend, or terminate access to the services in our system any time
without notice or refund, including the right to require you to change your
login identification code or password. We also reserve the right to delete all
program and data files with your account and/ or other information you have on
our system.
1.1 The Digital Sports Resume
1.2 . Subject to Client’s compliance with
this Agreement, DSR will provide, and hereby grants Client the limited,
non-exclusive, non-sublicensable right to access and use DSR’s software as a
service product, or other services, initially set forth in the account setup executed
by Client or purchased pursuant to Section 1.2 (“ACCESS AND SERVICES”).
1.3
User Form. Subject to approval by The Digital Sports
Resume (“DSR”) and Client’s compliance with the Agreement, Client may access
and use the subscription services offered via DSR websites to the extent and for one year.
“User Form” means and online Account Setup page for the Services.
1.4 Services Activation. Following
execution of the User Form, DSR shall initiate activation of the Service by
providing Client with access to an account within the applicable Service
(“Activation Date”). Client is responsible for providing DSR with any data to
be archived in a format acceptable to DSR.
1.5 Data Retention. DSR will retain Client
Data for the Term of the Agreement, unless Client requests or implements
specific retention policies within the Services. Any specific retention
policies will be based on variables assigned to Client Data by Client and
Client shall be solely responsible for the retention policies applied to Client
Data. Following termination or expiration of this Agreement, DSR will retain
the Client Data for a maximum of twelve (12) months.
1.6 Support and Service Level Agreements.
DSR will provide support for product as needed for the length of the
subscription. Client may find support FAQs
located at https://digitalsportsresume.app/faq or initiate support requests by
emailing requests.dsr@gmail.com
2.
CLIENT USE OF SERVICES
2.1 Athlete Account. Athlete/ client shall
create an account within the Account Setup. Athlete/
Client is responsible for (a) ensuring that “athlete’s” account registration
information is complete and accurate; and (b) the security and confidentiality
of “athlete’s” account credentials. Athlete shall have access to “athlete’s” account,
with the authority to create a profile, upload a profile picture and cover
photo, upload pictures and videos related to his/her/their respective sport. The athlete is responsible for managing all specific
profile aspects, including without limitation, profile information, personal
information, contact information, guardian information, academic information, and
athletic information. All uploaded content including text info, pictures, and
videos must be related to the sport for which the athlete participates. The “athlete’s”
profile will connect to his/her/ their corresponding team. Recruiters will have
access to the athlete’s profile once the athlete provides the QR code via
membership card.
2.2 Coach Account. Coach/ client shall create an account within the Account Setup. Coach/ Client is responsible for
(a) ensuring that “coach’s” account registration information is complete and
accurate; and (b) the security and confidentiality of “coach’s” account
credentials. Coach shall have access to “coach” account, with the authority to
create a profile, upload a profile picture, team photo, and cover photo, upload
pictures and videos related to the team one is coaching. The coach is responsible
for managing all specific profile aspects, team information including without
limitation, profile information, team information, contact information. All
uploaded content including text info, pictures, and videos must be related to
the sport for which one coaches. Recruiters will have access to team’s profile
once the coach provides the QR code via membership card.’
2.3 Recruiter Account. Recruiter/ client shall create an account within the Account Setup. Recruiter/ Client is responsible
for (a) ensuring that “recruiter” account registration information is complete
and accurate; and (b) the security and confidentiality of “recruiters” account
credentials. The recruiting coach or
recruiter shall have access to “recruiter” account, with the authority to
create a profile, upload a profile picture and cover photo related to
his/her/their respective sport. The “recruiter”
is responsible for managing all specific profile aspects, including without
limitation, profile information, personal information, contact information,.
All uploaded content including text information and pictures must be related to
the sport for which the recruiter participates.
3.
SCOPE OF THE DIGITAL SPORTS RESUME
SERVICES UNDER CCPA
For
purposes of the California Consumer Privacy Act, as amended by the California
Privacy Rights Act, and other applicable laws, DSR does not sell Personal Data
to customers. Customers have access to the same Personal Data that is available
to DSR members on The Digital Sports Resume’s platform, except when DSR members
(i) direct DSR to transfer additional information to customers or (ii) use
DSR’s Services to directly communicate with DSR’s customers.
4.
PROVISION OF SERVICES
Client
is responsible for providing The Digital Sports Resume with the information
necessary for DSR to provide the Services. Client is solely responsible for the
accuracy, quality and legality of such information. If a Service must integrate
with third-party systems or applications used by Client (e.g., an email correspondence outside DSR network, The
Digital Sport’s Resume disclaims any and all liability for the use of
third-party systems or applications residing outside DSR’s systems.
5.
DATA PROTECTION
If The
Digital Sports Resume processes Personal Data (as defined in Section 3 ) on behalf of Customer pursuant to this
Agreement, DSR and Customer will comply with the terms of which are incorporated into this service
agreement.
6.
SUBSCRIPTION FEES AND PAYMENT
6.1
Subscription. The right of access granted under these Terms is effective only
upon payment of the subscription fees. Discounts, rebates, or other special
offers only valid for initial term; subscriptions renews at the then-current
full subscription rates.
6.2
Fees. DSR will charge the client an annual fee of $60.00
per user unless a team package is purchased. Team packages are $600,00 per 20
users.
6.3
Payment. The client will be given the
opportunity to pay by electronic check or with credit card.
DSR
reserves the right to change their fees at any time for any reason, but,
whenever possible, we will give the client at least one month’s advance notice
of such a change.
6.4 Termination. DSR may terminate the
subscription and these terms if it is unable to renew the subscription based on
inaccurate or outdated credit card information.
7.
SYSTEM RULES
You agree to be bound by certain rules that are important for
proper use of this service. Your failure to follow the rules listed in this
agreement and in the terms and conditions may result in termination of
services. First, do not tell others your password or let your account be used
by anyone except yourself. Do not use our system to commit a crime or to plan,
encourage, or help others commit a crime, including crimes related to
computers.
8.
PRIVACY CONSIDERATIONS
Your communications are, in most cases, only viewed by you and
anyone to whom you address your message. However, as system operators, we may
need to review or monitor your electronic communication from time to time. In
addition, we reserve the right to copy and distribute to coaches and recruiters
associated with your activity on the system.
9. CANCELLATIONS/
REFUNDS
Subscription
fees are non-refundable. If the client wishes to cancel anytime within the 12-month
subscription, the cancellation will not take effect until the end of the
current billing period; the client’s subscription access and/or delivery and
accompanying subscriber benefits will continue for the remainder of the current
billing period.
10.
NON-EXCLUSIVITY CLAUSE
Nothing in this agreement shall limit a party’s ability to enter
into arrangements and/ or agreements with any third party. This is not an
exclusive agreement. It is expressly understood and agreed by the Parties
hereto that Client may choose to use the Services of DSR or not, at Client’s
sole election, and that Client is under no obligation to refer accounts to DSR
and has no obligations to DSR except as set forth in the Agreement. It is
further understood and agreed that DSR may solicit potential clients and
recruit new business on its own and may perform collections services for other
clients.
11.
INTELLECTUAL PROPERTY OWNERSHIP
As between
The Digital Sports Resume and Client, all server hardware, software and
applications required to operate the Services, and other associated technology
or documentation, are the sole and exclusive property of DSR. Except as
expressly stated herein, nothing in this Agreement shall serve to transfer to
Client any intellectual property right in or to the Services, Software, DSR
trademarks or other intellectual property. DSR retains all rights, title and
interest in and to the Services, Software and the associated technology and
documentation. As between DSR and Client, Client Data is the sole and exclusive
property of Client and, other than the limited license to Client Data granted in
Section 3, nothing in this Agreement shall serve to transfer to DSR any
intellectual property right in the Client Data.
12. THIRD PARTY INTERACTIONS
Certain
Services offered by DSR may be dependent on third party software, applications,
platforms (such as third party social media or business networking platforms),
messaging or communication services or API’s (“Third Party Services”). These
Third Party Services are not offered, controlled or provided by DSR. In some
cases the Third Party Service may make changes to its service, or components
thereof, or discontinue a service without notice to DSR. Accordingly, DSR
expressly disclaims any liability related to, or arising from, these Third
Party Services, including Client’s use thereof, or any updates, modifications,
outages, delivery failures, corruptions, discontinuance of services or
termination of Client’s account by the Third Party Service. DSR is not
responsible or liable for how the Third Party Service transmits, accesses,
processes, stores, uses or provides data to DSR. Client is solely responsible
for complying with any Third Party Services terms and conditions. In order to
integrate the Services with certain Third Party Services, Client may be
required to provide Client’s or Client’s end user access credentials for the
Third Party Service in order to receive Client Data. In such cases, in order to
provide the Service, DSR’s access must be approved (a) by Client for all end
users or content; or (b) by each individual end user.
13. COPYRIGHT
User will not (i) copy, translate, or otherwise modify or produce
derivative works of all or parts of the Software, it being understood that
Client will be entitled to copy the Documentation and materials accompanying
the Software as is reasonably required for Client’s internal purposes; (ii) use
the Software in breach of applicable laws or for any illegal activities,
including without limitation to transfer data and information which is illegal
or in breach of third-party Proprietary Rights; (iii) disassemble, reverse
engineer, decompile, place at risk or circumvent the functionalities,
performance, and/or the security of the Software; (iv) use all or any part of
the Software in order to build a competitive and/or similar product or service;
or (v) determine whether the Software is within the scope of any patent.
User
will be liable to DSR for any damages incurred due to the unauthorized use of
the Software, source code, or other materials provided by The Digital Sports
Resume, including without limitation, any continued use of the Software outside
the Subscription Term and any provision of the Software, source code, or other
materials to unauthorized third parties.
14. MODIFICATIONS
DSR reserves the right to modify the
terms and conditions of this Agreement or its policies relating to the Service
at any time, effective upon posting of an updated version of this Agreement on
the Service. Client agrees to the updated version upon next login following the
update via “accept” button provided.
Continued use of the Service after any such changes shall also constitute
one’s consent to such changes.
15. GOVERNING LAW AND JURISDICTION
This Agreement shall
be governed by and construed and interpreted in accordance with the laws of the
State of Texas, without giving effect to the conflicts of law provision or rule
(whether of the State of Texas or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than the State of Texas.
With respect to the parties’
performance of their obligations under this Agreement, the parties will comply
with all applicable Data Protection Requirements (as defined in Section 1 of
the DPA) and all international, federal, state, provincial and local laws
relating, but not limited to, (a) corruption practice, bribery, and acts
contrary to the public administration including the US Foreign Corrupt
Practices Act of 1977, 15 U.S.C. § 78dd-1, et seq.; (b) discrimination against
employees or job applicants based on race, color, religion, sex, sexual
orientation, gender identity, national origin, veteran status or disability.
16. TERM AND TERMINATION
16.1 Term. The Agreement shall
commence of the Effective Date and shall remain in effect for the term
specified in the Account Setup measured from the Activation Date. This
Agreement and all purchased Services will not automatically renew for additional
twelve (12) month terms. The initial twelve (12) month term plus any renewal
terms are, collectively, the “Term”.
16.2 Termination of Cause. Any breach of payment obligations or unauthorized use of The Digital
Sport’s Resume Technology or Service will be deemed a material breach of this
Agreement. The Digital Sports Resume, in its sole discretion, may terminate
your password, account or use of the Service if you breach or otherwise fail to
comply with this Agreement. In addition, The Digital Sports Resume may
terminate a free account at any time in its sole discretion. The client agrees
and acknowledges that The Digital Sports Resume has no obligation to retain the
Customer Data, and may delete such Customer Data, if the client has materially
breached this Agreement, including but not limited to failure to pay
outstanding fees, and such breach has not been cured. DSR reserves the right to suspend Client’s access to the Services in the
event of any breach of this Agreement and shall not be liable for any damages
resulting from such suspension. Upon any termination or expiration the
Agreement: (a) all rights and licenses to the Services shall immediately
terminate; and (b) DSR shall delete Confidential Information of the other party.
Termination of any client shall have no effect on any other user under this
agreement.