Terms & Conditions
Home Terms & Conditions

Effective April 7, 2016


 

  1. Acceptance

Please read these Terms and Conditions (the “Terms”) carefully because they are legally binding on you when you access www.brilliantclubs.com (the “Site”). Site visitors are referred to herein as “You,” and “Your.” The Site is owned and operated by Brilliant Clubs, Inc. (“We,” “Us,” or “Our”). By accessing the Site, you indicate your acceptance of these Terms and Conditions, as well as the Privacy Policy available at www.brilliantclubs.com/t&c. If you disagree with any provision of the aforementioned documents, you must exit the Site.


 

  1. Intellectual Property

  1. IP Ownership. Brilliant Clubs, Inc. owns all intellectual property rights to the Site. Site features, look and feel, design, registered and unregistered trademarks are protected by the US and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.

  2. Use License. Our Site is licensed to you, not sold, so you will not acquire any ownership rights in the Site under these Terms. We grant you a limited, non-exclusive, non-transferable, and revocable license to access the Site solely for your own needs. You must not reverse engineer, disassemble or decompile any part of our Site, except and only to the extent that the applicable law expressly permits doing so. The Site is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the Site. Any illegal and/or unauthorized use of the Site is prohibited; including, but not limited to, collecting usernames and e-mail addresses for sending unsolicited e-mail, or unauthorized framing or linking to the Site.

  3. Your Content. You are solely responsible for the comments, postings, messages and all other content you submit to or through the Site. We reserve the right to use your posted/emailed comments in any legal way we want. We assume no responsibility or liability for any content submitted by any Site visitor. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these Terms or is otherwise harmful to anyone. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of the Site. If you do post content or submit material, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from content you supply.

  4. DMCA Takedown Requests. We respect the intellectual property rights of others and require our users to do the same. All claims of copyright infringement committed using our Site will be investigated if reported to our designated Copyright Agent via email: info@brilliantclubs.com. If we believe that any material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.


 

  1. Disclaimers

  1. Venue. Our Site is for parents to obtain and provide reviews of youth soccer clubs and coaches. OUR SITE IS A NEUTRAL VENUE. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO INFORMATION PROVIDED TO OR BY THE SITE USERS.

  2. Disclaimer of Warranty. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AS “AS IS” BASIS, TO BE USED AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE OR ITS CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. We do not guarantee that any content provided on the Site is accurate or up-to-date. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the safety of your personal information, anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT. Some jurisdictions do not allow the exclusion or limitation of liability, so the aforementioned limitations may not apply to you.

  3. Limitation of Liability. IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR MAXIMUM AGGREGATE LIABILITY TO ANYONE EXCEED $100. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE DATE THE UNDERLYING CAUSE OF ACTION AROSE. Some jurisdictions do not allow the exclusion or limitation of liability, so the aforementioned limitations may not apply to you.


 

  1. Third Party Services

The Site may contain links to third party websites that are not owned or controlled by the Site. The Site retains no authority or control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Site will not and cannot censor or edit the content of any third-party site. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the use of any third-party website. Brilliant Clubs, Inc. cannot guarantee the availability or performance of any third party services used to support the Site. Such third party services may change their operations without notice to Brilliant Clubs, Inc. Therefore, Brilliant Clubs, Inc. shall not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of third party network service. Third party networks have their own terms of use, and you must comply with any Terms and Conditions provided by any third party network.


 

  1. User Obligations

By accessing the Site, you represent, warrant and agree that:

  1. It is your sole responsibility to ensure that your use of the Site complies with all applicable laws, including, without limitation, laws relating to privacy and confidentiality.

  2. It is your sole responsibility to ensure your use of the Site complies with any applicable professional responsibility and ethics rules.

  3. You assume all risks and all costs associated with your use of the Site, including, without limitation, any Internet access fees and back-up expenses.

  4. You are solely responsible for the content you submit to or through the Site. Your content will not infringe anyone’s privacy or intellectual property rights, contain false, misleading or defamatory information.

  5. We may contact you for reasons relating to your use of our Site. You will cooperate with us by timely responding to our reasonable inquiries related to the Site.

  6. We may terminate any user account with or without notice using our sole reasonable discretion.

  7. You will treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

  8. You will treat all Site users and administrators respectfully, online and offline.

  9. We may withdraw or change our Site in any way we deem appropriate without prior notice to you. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period to registered users or visitors.


 

  1. Prohibited Conduct

You must not:

  1. Use the Site for any illegal purpose, upload, post, link to, copy or republish copyrighted material without permission from the rights holder.

  2. Use the Site to defraud, stalk, defame, bully, threaten or intimidate anyone.

  3. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.

  4. Impersonate any other person or entity. 

  5. Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication (spam) without our prior written consent.

  6. Access the Site to build a competing service.

  7. Introduce any viruses or other harmful material, use any device, software or routine that interferes with the proper working of the Site.

  8. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site.

  9. Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.

  10. Otherwise attempt to interfere with the proper working of the Site or anyone’s use and enjoyment of it.


 

  1. Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates and licensors, officers, directors, employees, contractors, agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms and Conditions or your use of the Site.


 

  1. Monitoring and Enforcement; Termination

We have the right to take any action that we deem necessary or appropriate if we believe that a user violates these Terms, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:

  1. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.

  2. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  3. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms and Conditions.

  4. Take appropriate legal action.


 

  1. Linking to the Site

  1. You may link to our Site in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

  2. You must not establish a link from any website that is not owned by you.

  3. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.


 

  1. General

  1. Assignment. You may not assign your rights and obligations under these Terms and Conditions without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.

  2. Relationship of the Parties. You and Brilliant Clubs, Inc. are independently contracting parties. No agency, partnership, joint venture, employment relationship is intended or created by these Terms. Neither party shall have any authority to act for, bind, make any representations or warranties, or assume any obligation or responsibility, express or implied, on behalf of the other party, except as specifically authorized under these Terms or by written direction of the other party. 

  3. Governing Law. By accessing the Site, you agree that any legal matter that may arise between you and us relating to the Site shall be governed by the laws of Arizona, without regard to any conflict of law principles that would result in application of any other law. You irrevocably consent to the exclusive jurisdiction and venue of the courts of Maricopa County, AZ in connection with any matter based upon or arising out of these Terms or the matters contemplated herein.

  4. Severability. Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

  5. Waiver. Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.

  6. Amendments. We update these Terms and Conditions every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms and Conditions constitutes your acceptance of the changes.

  7. Contact. Please direct your questions, comments, feedback, requests for technical support and other communications relating to the Site to our customer service representative at info@brilliantclubs.com