Policy Effective as of August 1, 2008
User Submissions
The Frosh-Soph.com website allows submissions from its users, including photographs and other communications such as accounts of athletic contests (“User Submissions”), as well as the hosting, sharing, and publishing of such User Submissions. Coastal Breeze Publications, Inc. does not guarantee the publication or confidentiality with respect to any submissions.
By registering as a member of the Frosh-Soph website, you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Coastal Breeze Publications, Inc. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to allow the inclusion and use of said User Submissions in such a manner as Coastal Breeze Publications, Inc. sees fit, along with these Terms of Use; and (2) that you have the necessary consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in such a manner as Coastal Breeze Publications, Inc. sees fit, along with these Terms of Use. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Coastal Breeze Publications, Inc., you hereby unconditionally and without monetary compensation grant Coastal Breeze Publications, Inc. a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable right and license to use, host, cache, route, transmit, store, copy, reformat, excerpt, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the website and Coastal Breeze Publications, Inc. (and its successors') business, including without limitation for promoting and redistributing part or all of the website (and derivative works of said site) in any media formats and through any media channels. You hereby grant Coastal Breeze Publications, Inc. a perpetual, non-exclusive, worldwide, royalty-free license to utilize your name and photographic image in connection with your User Submissions. This license gives Coastal Breeze Publications, Inc. the right to exhibit your User Submissions via any technologies via the internet or mobile communication devices for a fee or no fee to the end user, and Coastal Breeze Publications, Inc. reserves the right to display advertisements in connection with any display of your User Submissions. Notwithstanding the aforementioned, Coastal Breeze Publications, Inc. is not required to host, index, or display any User Submissions uploaded or otherwise provided to Coastal Breeze Publications, Inc., and may remove or decline to host, index or exhibit any User Submissions. Coastal Breeze Publications, Inc. is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Submissions.
You further agree that you will not: (2) impersonate another individual; (2) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (3) post any material that could be construed as an advertisement or solicitations for business; or (4) submit material that is copyrighted, a protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you affirm that you own such rights or have written permission from the rightful owner to post the material and to grant Coastal Breeze Publications, Inc. all of the license rights granted in these Terms of Use.
Coastal Breeze Publications, Inc. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Coastal Breeze Publications, Inc. expressly disclaims any and all liability in connection with User Submissions. Coastal Breeze Publications, Inc. does not permit activities of copyright infringement and the infringement of intellectual property rights on its website, and Coastal Breeze Publications, Inc. will remove all Content and User Submissions if properly notified that such Content or User Submission infringes upon another's intellectual property rights. Coastal Breeze Publications, Inc. reserves the right to remove Content and User Submissions without notice.
You acknowledge and agree that Coastal Breeze Publications, Inc. may or may not pre-screen User Submissions, but that Coastal Breeze Publications, Inc. and its designees shall maintain the right (but not the obligation) in their sole discretion to pre-screen, decline to publish, or remove any User Submissions that is available via the website. Without limiting the foregoing, Coastal Breeze Publications, Inc. and its designees shall have the right to remove any User Submissions that violates the Terms of Use or is otherwise determined to be objectionable in the sole opinion of Coastal Breeze Publications, Inc. You agree and acknowledge that you must evaluate, and bear all risks associated with, the use of any User Submissions, including any reliance on the accuracy, completeness, or usefulness of such User Submissions. In this regard, you acknowledge that you may not rely on any User Submissions which have been created by or submitted to Coastal Breeze Publications, Inc., including without limitation information in Coastal Breeze Publications, Inc.'s membership posting areas and in all other parts of the website. Coastal Breeze Publications, Inc. further reserves and retains the right to display User Submissions for marketing, promotional, and advertising purposes.
You acknowledge, consent and agree that Coastal Breeze Publications, Inc. may access, preserve and disclose your account information and User Submissions if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms of Use; (3) respond to claims that any User Submissions violates the rights of third parties; (4) answer your requests for customer service; or (5) protect the rights, property or personal safety of Coastal Breeze Publications, Inc., its members and users, and the public.
Our Philosophy About Customer Service
Frosh-Soph is an exciting program that truly puts the spotlight back on the athletes who deserve it – the freshmen and JV competitors who practice just as hard as those on the varsity, but who get hardly any media coverage.
To keep up that excitement, and fun, we'll always strive keep the online information current. It becomes a real drag if you're looking for a story about a recent game and can't find it. So, here are our goals for coverage:
• We will always try to publish game editions no more than 12 hours after the end of the contests. Sometimes the editions will appear sooner than that, and sometimes a little later (such as the following morning). It will usually depend on how busy we are and how many games
need to be covered.
• We will include as many athletes' names as possible for newsworthy efforts. This is where the coach or team representative needs to help. Players like to see their names in print. So, when we get complete
reports – not just the players who did all the scoring – we'll include the “supporting cast” of names. Of course, the athletes need to have done something worthy of mention, but we leave that up to the good judgment of the coach or team representative when reporting.
• When you find an error, please let the coach or team representative know about it so he/she can check it out before reporting the correction to us. We will always gladly fix any mistakes, but they should be factual errors and not just someone's opinion. For instance, people are often confused about yardage gained in a football game.
That's something the statisticians are trained to handle, so if there's a disagreement, those people should be the “last line of defense” before reporting to us.
• We want you to have a good time with Frosh-Soph. It's meant to provide recognition for athletes' accomplishments when no other coverage would be available. Sometimes we won't have “fresh” or “live”
action shots, and we may use ones we've already run, or even mug shots. That's okay; those kinds of illustrations make the stories more appealing to the eye and aren't meant to give particular players more coverage than others.
• If you ever have questions, worries or disappointments, we want to hear from you. You're our members and we promise to treat you as friends. Send us a note at any time at members@frosh-soph.com and even though we may not be able to respond right away, you can be sure we'll read every note.
Privacy Policy
This privacy policy (“Policy”) applies to the Frosh-Soph website located at http://www.frosh-soph.com (the “Website”) and all associated products and services available on the Website (the “Frosh-Soph services”). This Policy summarizes Frosh-Soph's data collection policies and practices on the Website. This policy does not apply to the practices of companies that Frosh-Soph does not own or control, or to people whom Frosh-Soph does not employ or manage. Frosh-Soph is owned by Coastal Breeze Publications, Inc.
What Information We Collect and How We Use It We store and use the information you give us in accordance with the terms of this Policy. Personal information including your first and last name, mailing address, birthdate, ZIP code, gender, the category of your user membership (e.g., “coach” or “athlete”), e-mail address, cellular telephone number, username, and password may be collected via the Website. These categories of information are required when you register on the Website.
When you register for additional Frosh-Soph services on the Website, we may collect additional personal information. We use this additional data to personalize your Frosh-Soph experience. By obtaining and using this information, we can provide you with the most timely, relevant and individualized service according to your preferences and interests. In addition, we may receive information about you from other sources and add it to your personal information.
When you register with the Website, Frosh-Soph also records your decision to: (1) receive e-mail updates from your favorite school; (2) receive e-mail updates from Frosh-Soph; and (3) have third-party sponsors contact you to provide information regarding their products or services.
In some instances we may include certain links in our e-mails that will allow us to monitor whether you access specific content or advertisements contained in that e-mail. When you click on one of these links, we will record that click and certain activities on the web page associated with that link. We use this information to conduct internal research on our users' demographics, interests, and behavior related to our e-mail advertisements and content, and to better understand and serve you.
We use log files to track system activity and maintain our systems. Log data includes IP addresses, browser type, referring and exit pages, platform type, date and time stamp, and number and nature of clicks through our Website. We use this information to analyze usage patterns, observe trends, administer the Website, track user movements in the aggregate, and gather broad demographic information for aggregate use. Log files are not linked to personally identifiable information.
We may use your submitted e-mail address to compare our member list to lists received from other companies, in an effort to avoid sending identical messages to our members.
We use information collected on the Website in the following ways:
1. To provide you with personalized information via electronic delivery and/or direct mail;
2. To send you targeted advertising via electronic delivery and/or direct mail;
3. To contact you for feedback and surveys via electronic delivery and/ or direct mail;
4. To send you general and administrative information about your Frosh-Soph membership via electronic delivery and/or direct mail;
5. To provide your contact information to Coastal Breeze Publications, Inc. marketing partners whose offer(s) you have selected to receive in order for them to send you special offers via electronic delivery, telemarketing and direct mail; and
6. To share your contact information if you select to have such information shared with schools or third parties.
Agents
We may employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from customer lists, analyzing data, and providing marketing analysis. These agents have access to member personal information as needed to perform their functions for Coastal Breeze Publications, Inc., but we do not permit them to use it for other purposes.
Cookies
We use cookies to, among other things, save your password so you don't have to re-enter it each time you visit the Website and to deliver personalized content. Many web browsers are automatically set to accept cookies. You may change your browser settings to either reject cookies or notify you when a cookie is about to be placed on your computer. Please note, however, that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if they were allowed. For example, if you are a Frosh-Soph member, you may need to enter your username and password each time you visit the Website.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single-pixel GIFs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
Third-Party Ad Servers
Most advertisements you see on the Website are served to your web browser by Coastal Breeze Publications, Inc. However, Coastal Breeze Publications, Inc. allows other companies, called ad networks, to serve advertisements within the Website or through Frosh-Soph services. Ad networks include third-party ad servers, advertising agencies, ad technology vendors and research firms. We only authorize our third-party ad networks to employ anonymous cookies for ad delivery and anonymous targeting. Our third-party ad servers do not collect, nor do we give them access, to any personally identifying information about you.
Coastal Breeze Publications, Inc. may also include a file, called a web beacon, from these ad networks within pages served by Coastal Breeze Publications, Inc. to assist with auditing, research and reporting for advertisers.
Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit or set their own cookies, just as if you had requested web pages from their sites. If you want to prevent a third-party ad server from sending and reading cookies on your computer, currently you must visit each ad network's Website individually and opt out (if any offer this capability).
Disclosures
Coastal Breeze Publications, Inc. may disclose information about you and your use of the Website and the Frosh-Soph services if Coastal Breeze Publications, Inc. believes such disclosure is reasonably necessary: (1) to comply with the law or legal process; (2) to protect or defend the rights or property of Frosh-Soph or others; (3) to enforce the Frosh-Soph Terms of Use or this Privacy Policy; and (4) to respond to claims that the content(s) of a communication violates the rights of another. In addition, Coastal Breeze Publications, Inc. may share or transfer information about you and that you provide to Coastal Breeze Publications, Inc., to one or more third-party entities pursuant to a sale, merger, assignment, joint venture or other transfer or disposition of a portion, or all of, the assets or stock of Coastal Breeze Publications, Inc. or its affiliated entities, or as otherwise provided herein.
Security
Coastal Breeze Publications, Inc. takes every reasonable precaution to protect its users' information. When you submit sensitive information via our service, your information is protected both online and offline. We have physical, electronic, and procedural safeguards to protect personal information about you. However, we cannot guarantee that communications between you and Frosh-Soph.com will not be intercepted by others and that information stored on our servers will be free from unauthorized access. While we have taken reasonable precautions to protect this information, you should always use discretion in what information you send to us and not expect that such information will be absolutely free from intrusion. If you have any questions about the security of our service, please contact us.
Children
Coastal Breeze Publications, Inc. is committed to the safety of children. Children under the age of 12 may not register or participate in any of the Frosh-Soph services. If children under 18 elect to register in any of the Frosh-Soph Services, they should ask a parent for permission before sending any information to the Website. We will not request or knowingly collect any personally identifiable information from anyone under the age of 12.
Reports
We periodically prepare analyses and reports reflecting visitor and member use of the Website and Frosh-Soph services for our internal use as well as for a limited number of our business partners. These reports include aggregate (non-personal) information about Frosh-Soph.com members, and in certain instances, visitors to the Website. The information in these reports will not identify you individually. Our business partners who have access to these reports will not be able to contact you from the information contained in the reports.
Referral Program
As part of our referral program, you can provide contact information including the name, the particular school of interest, and e-mail address of your friends and family who you think would like to receive Frosh-Soph e-mails and use the Frosh-Soph services. The users referred to us receive sample Frosh-Soph e-mails, but do not become members until they confirm their interest in the service.
Links
You should be aware that when you are on the Website or when you receive e-mails sent as part of Frosh-Soph services, you could be directed to other sites beyond our control. This includes links from advertisers, sponsors and partners that may use the Website's logo. These other Websites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a site that is linked from our Website or a Frosh-Soph e-mail, you should consult that site's privacy policy before providing any personal information.
Changing Your Status
As a convenience to our members, we provide opportunities to review and change information in your profile and to unsubscribe from Frosh-Soph services entirely. For example, to have all of your personally identifiable information removed from our database, send an e-mail request to members@frosh-soph.com . Please be advised that by requesting that your data be removed from our database, you will be unsubscribed from Frosh-Soph services.
Notification of Changes and Your Acceptance of the Privacy Policy By using this Website, you signify your agreement to the terms of this Policy. If there are material changes to our privacy policy or if we decide to use personally identifiable information in a manner different from that stated when it was collected, we will post a link to our revised privacy policy on our home page so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Your continued use of this Website shall constitute your acceptance of any revised privacy policy.
Reaching Us
If you have any questions about this Policy, please contact us at:
Coastal Breeze Publications, Inc.
P.O. Box 16
Chico, CA 95927
reachus@frosh-soph.com
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