MyReevuu

TERMS OF USE

Effective April 09, 2019

General

Reevuu provides an online platform, accessible via Reevuu’s website and mobile applications, that connect athletes who wish to receive online video reviews and analysis of athletic training ("Athletes" ) with coaches who wish to provide such review, analysis and training recommendations ("Coaches"). This includes, for example, video annotation utilizing Reevuu's online video annotation tools, training recommendations and a detailed analysis of the video (each and collectively, the "Services"). "User" means any user of the online platform or Services, and may be a Coach or an Athlete.

Your Acceptance

By using or visiting this site or using or accessing or participating in Reevuu’s Services, you agree to be bound by these terms and conditions ("Terms of Use"), including Reevuu’s Privacy Policies. If you do not agree with these Terms of Use, you should not use the Services. Reevuu, in its sole discretion, may amend these Terms of Use and you agree to be bound by such amendments.

Your Account

In order to use or access or participate in Reevuu’s Services you, as either an Athlete or a Coach, will have to create a Reevuu account. When creating your account, you must provide accurate information and agree to accept responsibility for any inaccurate information. You are solely responsible for the activity that occurs on your account and for maintaining the confidentiality of your password. You should never allow anyone else to use your account without permission and are solely responsible for any losses that occur because of any unauthorized use. If you are under the age of 18, you may set up an account and use Reevuu’s Services only with the involvement of a parent or guardian.

User Content

When you submit a video, photos, text or other materials to our online platform ("User Content"), you will be provided with a list of coaches which have been determined to best suit your particular needs. You will then have to choose which Coach or Coaches you wish to review your video and provide analysis and comment. After your selection, your video, and any other materials, will only be sent to the Coach or Coaches you designate.

In addition, our platform includes interactive areas and features ("Interactive Areas") that allow you to post, share or store User Content so that it may be shared with other users and members of the public. In the event you decide to share your User Content with others and not just with the Coach or Coaches you designate, you understand that this User Content will be viewable by others. In addition, Reevuu has the right, without compensation to you, to use the User Content for marketing and advertising purposes. You are solely responsible for your use of our Services and the Interactive Areas and use them at your own risk. Reevuu does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage to such User Content. When you participate in Interactive Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. By submitting or posting any User Content, you represent and warrant to us that:

General Use of the Services – Restrictions on All Users

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through our online Services any of the following:

General Use of Services – Restrictions on Athletes

If you are an Athlete who participates in the Services or otherwise accesses any User Content, you agree not to communicate with any of the Coaches or share any personal information with them except through the Services. You further agree not to solicit or establish a relationship with any of the Coaches except through the Services or to pay any of the Coaches any sums of money other than the payments you make for the Services. You further agree not to use any information you obtain through the Services to circumvent these restrictions. You agree to notify Reevuu immediately if you receive an improper communication from any of the Coaches or you are approached about making a payment or establishing a relationship with any of the Coaches other than through the Services. All such notifications shall be sent in confidence to Reevuu at: support@myreevuu.com .

General Use of Services – Restrictions on Coaches

If you are a Coach who participates in the Services or otherwise accesses any User Content, you agree not to communicate with any of the Athletes or share any information with them, except as permitted through the Services. You further agree not to solicit or establish a relationship with any of the Athletes except through the Services or receive any money from any of the Athletes except the amounts paid to you in conjunction with the Services. You further agree not to use any information you obtain through the Services to circumvent these restrictions.

License and Access

You grant Reevuu a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully-paid up, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in any media format and channel now known or later developed without compensation to you, including in connection with Reevuus’s marketing and promotional activities. You further grant Reevuu and Reevuu’s sublicensees the right to use the name that you submit in connection with your User Content, if they choose.

Privacy

Please review our Privacy Policy, which governs your use of the Services, to understand our privacy practices.

NCAA Regulations

Reevuu is not affiliated with or sponsored by the NCAA. You are responsible for making yourself aware of and complying with the NCAA’s rules and regulations. You agree not to hold Reevuu accountable for the violation of any such rules and regulations.

Feedback

Separate and apart from User Content, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding our Services or Reevuu (collectively, "Feedback"). Feedback is non-confidential and will become the sole property of Reevuu. You hereby assign to ReeVu, all right, title, and interest, including all intellectual property rights, in and to such Feedback, and Reevuu will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without compensation to you.

Auto-billing for Services

If you are an Athlete, when you establish your account you must provide Reevuu a credit card to pay for the Services. You authorize Reevuu to charge your credit card for the Services without submission of a statement or bill to you. The amount charged will be shown in your account. If you are not satisfied with a particular video review or analysis from any of the Coaches, Reevuu will consider issuing you a credit for a new video review if, in Reevuu’s judgment, the video review and analysis was substandard or inadequate.

Payments to Coaches

If you are a Coach, payment will be made to you for your review and analysis of videos, in accordance with the fee schedule then in effect. All such payments will be made within ____ days of your submission of your review and analysis, by direct deposit to your bank account. If your review and analysis of any video receives a rating of 3.5 stars or less from the Athlete, that review will be subject to a quality assurance review by the Reevuu staff and may result in your not being compensated for the review.

Warranty Disclaimer

Reevuu creates a platform that allows athletes to connect with coaches to receive online video review and analysis of athletic training. The coaches, not Reevuu, provide this review and analysis. You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, Reevuu, its officers, managers, members, owners, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof, including but not limited to implied warranties or merchantability and fitness for a particular purpose. Reevuu assumes no liability or responsibility of any kind for any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the services or from any bugs, viruses, or other harmful components which may be transmitted to you through the services or from any errors or omissions in any content posted, transmitted or otherwise made available to you via the services.

Limitation of Liability

To the fullest extent permissible by law, Reevuu, its officers, managers, members, owners, employees and agents, shall not be liable to you for any damages of any kind resulting from your use of the services, including, but not limited to, any direct, indirect, incidental, special, punitive or consequential damages. With respect to any claim, your sole remedy shall be recovery of the money paid for the services.

Indemnity

To the extent permitted by law, you agree to defend, indemnify and hold harmless Reevuu, its officers, managers, members, owners, employees and agents from any and all claims, damages, obligations, losses, liabilities or costs, including but not limited to attorneys fees, which arise out of your use of the Services, your violation of any of the Terms of Use, your violation of any third party right, including without limitation any copyright, property or privacy right, and any claim that your User Content damaged any third party or, if you are a Coach, that your video review or analysis damaged any Athlete or other User.

Applicable Law and Disputes

You agree that the law of the State of North Carolina, without regard to its conflict of law principles, governs these Terms of Use and any dispute which might arise between you and Reevuu. You further agree that the Services shall be deemed to be based in North Carolina and do not give rise to personal jurisdiction in jurisdictions other than North Carolina and that any claim or dispute between you and Reevuu shall be decided exclusively in a court of competent jurisdiction located in New Hanover County, North Carolina.

General

These Terms of Use, together with the Privacy Policy, shall constitute the entire agreement between you and Reevuu concerning the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of the Terms of Use shall be deemed to be a further or continuing waiver of such term. Reevuu reserves the right to amend the Terms of Use without notice and it is your responsibility to review the Terms of Use for any changes. Your use of the Services following any amendment of the Terms of Use will signify your assent to the amendment. Any claim or cause of action relating to the Services must be brought within one (1) year after the action accrues, or it will be permanently barred.