Inspireum Website User Agreement

High School Football Rudy Awards™

Last modified: September 12, 2011


This Internet site with its home page at "www.highschoolrudyawards.com" (the "Website") is a complimentary information and interactive community service offered by Inspireum LLC ("Inspireum") at no charge to users of the Internet, with the express condition that users agree to be bound by the terms and conditions set forth in this Inspireum Website User Agreement (the “Agreement”). Inspireum reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this Agreement (not an older cached version) each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.

1.    Description of the Awards.  The High School Football Rudy Awards™ (the “Awards”) are designed to honor young football players in the United States who inspire their teammates, schools, families and communities.  The Awards measure the size of the player's heart and factor in such attributes as exemplary character, courage, contribution, and commitment as members of their team.

2.    Management. The Awards are operated by Inspireum LLC (“Inspireum”), an Oregon company with principal place of business at 1500 NE Butler Market Road, Bend, OR  97701, USA.   

3.    Description of Services.  Inspireum has collaborated with the Trusted Sports Foundation (the “Foundation”) which is an independent, 501(c)(3) public charity.  Inspireum provides users a platform for nominating inspirational football players (“Nominees”) and/or uploading content in the form of written stories, photos, videos, links, articles, Facebook comments and other digital materials (“Content”) onto a the Website and in particular to a Nominee’s player profile page (“Player Profile”) on the Website (the “Service”).  Content may be uploaded electronically by users onto a Player Profile on the Website as well as deleted at the discretion of the Nominee. Content must be appropriate for all ages. Inspireum has the right to refuse to post inappropriate Content and remove any Content at its full discretion.  Inspireum has the right to limit the number of videos, photos, and stories uploaded to a Player Profile. Content uploaded onto the Player Profile is deemed transferred to Inspireum and will not be returned to users.   

4.    Registered User Account, Password, and Security.  Users who wish to create an account on the Website must also agree to the terms and conditions set forth herein. Users creating such an account are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under their account. Inspireum does not retain liability or responsibility for such use.

5.    Limitation of Liability.  Inspireum shall not be liable for any damages whatsoever and, in particular, Inspireum shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, lost revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, tort, under statute, in equity, at law, or otherwise, even if Inspireum has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations are inapplicable.

6.    General Practices Regarding Use and Storage.  Users acknowledge that Inspireum may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that Content is retained by the Website, the maximum disk space allotted on servers for an account and/or Player Profile, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that Inspireum has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website servers. You acknowledge Inspireum has the right to disable accounts that are inactive for an extended period of time or when fraud is suspected. You further acknowledge that Inspireum reserves the right to change these general practices at any time with or without notice.

7.    Registered User Conduct. You understand that all Content publicly posted on the Website by third parties is the sole responsibility of the person from which such content originated. This means that you, and not Inspireum, bear all risks and liabilities for all Content that you upload, post, email, transmit or otherwise make available via the Service. You agree to not use the Service to:
a)    upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
b)    upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. (Posting the same message more than once can be considered "spam" or "spamming");
c)    upload, post, email, transmit or otherwise make available any material 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;
d)    upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
e)    impersonate any person or entity, including, but not limited to, an Inspireum official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f)    forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
g)    intentionally or unintentionally violate any applicable local, state, national or international law;
h)    "stalk" or otherwise harass another; or
i)    harvest or otherwise collect or store personal data about other users.

You acknowledge that Inspireum and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Content that is available via the Service.  Inspireum and its designees shall have the right to remove any Content regardless of whether such communication(s) violate this User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that Inspireum may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Inspireum, Nominees, its users and the public.

8.    User Submissions/License of Rights. By submitting Content (including, but not limited to written stories, photos, videos, Facebook comments) to any part of this Website where such content would be viewable by the public (e.g. posting on a player profile page, public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission of Content to this Website will be deemed and remain the property of Inspireum. You grantor warrant that the owner of such Content has expressly granted Inspireum and any of Inspireum’s respective licensees, assigns, parents, subsidiaries, divisions, partners, business units or affiliated entities and each of their respective employees, agents, officers and directors, a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or Content in any form of media including but not limited to the Website, digital media, television, internet, movies, radio, print, Awards ceremony, video productions or any form, format or forum now known or hereafter developed (“Media”).  User grants Inspireum the right to sub-license the use of the Content to its partners including but not limited to the Trusted Sports Foundation, Media partners, youth sports organizations, sponsors, production companies, advertisers, and nonprofit organizations (“Partners”). User hereby releases Inspireum from any and all claims, actions, damages, liabilities, losses, costs and expenses arising out of or resulting from Inspireum’s exercise of its rights under this paragraph.
9.    Modification of the Service. Inspireum reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Inspireum shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

10.    Internet / Website.  Inspireum is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, or delay in operations or transmission. Inspireum is not responsible for inaccurate transmissions of or failure to display Content submissions on account of technical problems or traffic congestion on the Internet, the Website or at any website or any combination thereof. If for any reason the Internet portion of the Awards is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Awards, Inspireum reserves the right at its sole discretion to cancel, terminate, modify or suspend the Awards.

11.    Termination. You agree that Inspireum, in its sole discretion, may terminate your password, account (or any part thereof) or use of this Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if Inspireum believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. You agree that any termination of your access may be effected without prior notice, and acknowledge and agree that Inspireum may immediately deactivate or delete your account and all related information and Content related to your account and/or bar further access to such Content or the Service. Further, you agree that Inspireum shall not be liable to you or any third-party for any termination of your access to the Service.

12.    Release.  You hereby release Inspireum and its Partners from all liabilities, claims, damages, or losses arising out of or resulting from Inspireum’s exercise of its rights under this Agreement, arising out of your use of this Website including, without limitation, from any liability for violation of rights of privacy, publicity, defamation, libel or slander or any similar right. You agree that you shall be entitled to no consideration or compensation as a result of the exercise of the rights granted herein, and that Inspireum may rely upon this Agreement and these release terms in producing, marketing, and distributing the Content via the Awards or distribution of Media.

13.    Indemnification. You agree that you will hold harmless Inspireum and its officers, directors, employees, agents, contractors and volunteers (the “Releasees”) from all claims arising out of, or related to, your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will Inspireum or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless Inspireum, the Trusted Sports Foundation, and the Releasees from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of this Agreement. Inspireum reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

14.    Dispute Resolution.  You hereby acknowledge and agree that in the event of any dispute arising out of this Agreement or in connection with the Content, you will first submit in writing to Inspireum the details thereof.  Inspireum shall then have the absolute right and option, by giving notice to you within fifteen (15) business days after receipt of such notice, to require that the matter be resolved by binding arbitration in Deschutes Country, Oregon before a single arbitrator acting under rules of, and appointed by, the American Arbitration Association.  If Inspireum does not elect to enter into arbitration, you may commence a legal action.

15.    Governing Law.  In the event of arbitration or legal action, this Agreement will be governed by and construed in accordance with the laws of the State of Oregon.
16.    Venue.  Any action or proceeding arising out of this Agreement will be litigated in courts located in Deschutes County, Oregon.  Each party consents and submits to the jurisdiction of any local, state, or federal court located in Deschutes County, Oregon.

17.    Assignment.  Inspireum may assign this Agreement to any party without the written consent of the User.    

18.    Attorneys’ Fees.  If an arbitration, suit, action, or other proceeding of any nature whatsoever is instituted to enforce or interpret any provision of this Agreement or in connection with any dispute hereunder, the prevailing party will be entitled to recover such amount as the court may adjudge reasonable as attorney’s fees and all other fees, costs, and expenses of litigation at trial or any appeal or review, in addition to all other amounts provided by law.