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TERMS & CONDITIONS

  1. General
    1. Use of the SchollyME App or website (the “Platform”) by all users, including users who are also contributors of video content, information and other materials or services on the Platform, is governed by the following Terms of Use and a Privacy Policy, both of which you must read before using the Platform. All pages within the Platform are owned and operated by SchollyME (SchollyME, Inc, together with any and all affiliated entities, are referred to collectively herein as “SchollyME”).
    2. Each of the Terms of Use and the Privacy Policy is a legal agreement between you and SchollyME. As such, the Platform is intended for use by persons who are at least Thirteen (13) years or older, are an emancipated minor, or possess legal parental or guardian consent to use the Platform subject to these Terms of Use. All users must be over thirteen (13) years of age, as the SchollyME Platform is not intended for children under 13. BY USING THE PLATFORM, YOU REPRESENT THAT YOU HAVE READ ALL OF THE TERMS OF USE, THAT YOU UNDERSTAND THEM, THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OR OLDER OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS CONDITIONS SET FORTH IN THESE TERMS OF USE AND ARE OTHERWISE CAPABLE OF FORMING LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE. THESE TERMS AND CONDITIONS MAY BE WHOLLY OR PARTIALLY MODIFIED, ADDED TO, OR REDUCED AT ANY TIME BY GO BIG RECRUITING IN ITS SOLE DISCRETION. You should visit the Platform periodically to review the applicable Terms of Use and Privacy Policy.
  2. User Conduct and Use of the Site.
    1. You may use the Platform, register to become a Member, and create an Account if you are at least Thirteen (13) years or older or possess legal parental or guardian consent, are fully able and competent to enter into the terms conditions set forth in these Terms of Use and are otherwise capable of forming legally binding contracts under applicable law. If you register to become a Member, you will provide true, accurate and complete registration information and shall maintain as current and promptly update relevant personal contact information provided to SchollyME.
    2. Certain portions of the Platform and information contained on the Platform may be accessible only to Members or affiliates, service providers, or other business partners of SchollyME, or otherwise may be password restricted. You agree not to gain or attempt to gain unauthorized access to such portions of the Website or to information contained in such sections of the Website, to obtain or attempt to obtain confidential, proprietary and/or personal information stored on the Website, to distribute passwords to unregistered or unauthorized users, or to make any unauthorized use of the Website or information accessible on the Website. You are solely responsible for the security of your password and your account, and unless authorized by SchollyME, your password is valid only for use by you. If, at any time, you believe that your Account or password is being used by another person, you should notify SchollyME immediately.
    3. If you become a Member and create an Account, you consent to the use of electronic means to complete these Terms of Use, to use the Platform and to provide you with any notices under these Terms of Use. These Terms of Use and any notices given pursuant to these Terms of Use are effective and enforceable in electronic format.
    4. You agree to use the Platform in accordance with these Terms of Use, and acknowledge and agree that: (i) your use of the Platform as permitted is solely for your personal, noncommercial use, and/or for use in connection with legitimate collegiate recruiting activities in accordance with rules and standards applicable to such activities; and (ii) you will not copy or distribute any part of the Platform in any medium without SchollyME’s prior written authorization.
    5. You acknowledge and agree that, upon creation of a profile on the Platform and registration for membership, your submitted content (each submission individually, and all submissions, collectively, referred to herein as the “User Submission”) may be available for viewing by other Members or by affiliates of SchollyME for evaluation and recruiting purposes. Notwithstanding the foregoing, however, SchollyME makes no representation or guaranty that your profile and User Submission will be reviewed by the colleges you select, and SchollyME makes no guarantee with respect to the results of any recruiting efforts or activities. Any non-recruiting video by you may not result in bullying any other user or users. SchollyME will not tolerate bullying of any kind and reserves the right to block or delete any such photos, videos, or accounts with no additional warning.
    6. You agree to use the Platform for lawful, noncommercial purposes only, and shall not use Platform content for purposes of creating, developing or promoting any enterprise, whether or not for profit. You agree to comply with all federal, state, and local laws applicable to the use of this Platform and to not use the Platform to engage in prohibited conduct. “prohibited conduct” is any conduct (i) that is unlawful, infringing, tortious, Broadly stated, fraudulent, abusive, harassing, or otherwise harmful to SchollyME or any other party or property; (ii) that violates another party’s intellectual property, privacy or other rights; or (iii) that otherwise interferes with the operation, use or enjoyment of any service, system or other property. By way of illustration, prohibited conduct includes, but is not limited to, using the Website or the services provided through the Platform to (i) violate any law or applicable regulation; (ii) violate or attempt to violate the security or integrity of, or gain or attempt to gain unauthorized access to, this Platform or any service, system, information or communication contained herein; (iii) interfere with another’s use of the Platform or the services provided on the Platform through the posting or transmitting of a virus or other harmful item; (iv) “spoof” or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, use an IP address not assigned to you, forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (v) commit fraud; (vi) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (vii) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information; (viii) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable in SchollyME‘s discretion; (ix) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (x) send or receive material containing defamatory, false, or libelous material; (xi) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; (xii) post, send, or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships; (xiii) engage in conduct that would expose SchollyME or its affiliates or service providers to civil or criminal liability; (xiv) post, send or otherwise disseminate advertising or any solicitation; (xv) conduct or forward surveys, contests, pyramid schemes, or chain letters; or (xvi) assist others in engaging in prohibited conduct. This list is not intended to be exhaustive.
    7. You acknowledge and agree that you are responsible for all content posted, published, displayed or transmitted to the Platform by you, including, but not limited to, User Submissions. You agree not to transmit or otherwise make available on the Platform any content or any personal information of any individual or any material protected by copyright, trademark, publicity, privacy or other intellectual property or proprietary right without the express permission of such individual or the owner of such rights. The burden of determining that transmission of the information is permissible, or that the material is not protected by such rights, is on you, the user. You agree that you will not submit any User Submission that you do not have a right to make available under law or contractual or fiduciary relationships. In the event that any third party consent is required in order to grant to SchollyME the rights described in these Terms of Use, you assume all liability and responsibility for securing any such consent. You are solely liable for, and shall indemnify and hold SchollyME harmless for, any damages resulting from any infringement of copyrights, trademarks, proprietary rights, broadcast rights, violation of privacy or publicity rights, or any other harm resulting from your User Submissions or other submitted content or transmissions to or from the Platform.
    8. SchollyME is not responsible for, or in any way associated with, content posted on or transmitted to the Platform by users, including, but not limited to, User Submissions. Although SchollyME has no responsibility for content or User Submissions and has no obligation to monitor content posted on or transmitted to the Platform, SchollyME reserves the right to monitor such content for any reason, and, in its sole discretion, to decide whether content or a User Submission is appropriate and complies with these Terms of Use, to remove any content or User Submission, and/or terminate a user’s access at any time, without prior notice. SchollyME also reserves the right to disclose data to law enforcement agencies or other authorities (including, but not limited to, the NCAA who may investigate reports of misuse or abuse of the Platform. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate or otherwise objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against SchollyME with respect thereto, and agree to indemnify and hold SchollyME harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform, whether as an athlete or coach in submitting User Submissions and/or creating a profile, or as a representative of a college or other institution using the Platform for recruiting purposes. Users may report abuses of the Platform to info@schollyme.com, with sufficient detail identifying the abusive conduct or content, so that SchollyME may determine, in its sole discretion, whether to take action with respect to such alleged abuse.
    9. You are solely responsible for and will exercise caution, discretion, common sense and judgment in using and accessing the Platform and all content contained therein. You are solely responsible for any equipment necessary to access and use the Platform.
    10. You agree to cooperate fully with SchollyME to investigate any suspected or actual activity that is in breach of these Terms of Use.
    11. You understand and agree that SchollyME is not required to edit or review any User Submission. However, you agree that all User Submissions may be subject to SchollyME’s approval. SchollyME reserves the right, at any time, for any reason, to reject, suspend, cancel or remove content or a User Submission. SchollyME, its employees, consultants and other agents shall have no liability for taking such actions or decisions.
  3. Linking.
    1. The Platform may provide links to mobile app or websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Platform. Such links are provided for reference only, and SchollyME neither controls such websites, endorses any of the content on any such websites, nor has any association with their operators. You agree that SchollyME is not responsible for and relieve SchollyME from all liability arising from, the availability of, content provided on, or practices of such third party websites, the quality of the goods and services provided on such websites, and the performance of any agreement you may enter into with such third party website. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that SchollyME is not responsible for third party content accessible through the Platform, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. You agree that SchollyME is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
  4. Copyright Matters and Copyright Agent.
    1. All content available at this Platform, such as text, graphics, logos, icons, images, audio clips, video clips, and/or other content, is the property of SchollyME or used by SchollyME with the permission of the owner of such content and is protected by U.S. and international copyright law. The compilation (meaning selection, composition, and arrangement) of all of the content on the Platform is the exclusive property of SchollyME and protected by U.S. and international copyright law. Users of the Platform agree to not take any action with respect to content of the Platform that would violate the intellectual property or proprietary rights of SchollyME or other third parties, or the individual rights of other users. without SchollyME‘s prior permission. Content contained on the Website may not be modified, copied, distributed, framed, republished, downloaded, displayed, or sold in any form or by any means, in whole or in part, You may download a copy of any portion of the Platform, including User Submissions, solely for the purposes of personal, non-commercial use, or for evaluating an athlete for recruiting purposes, provided that all copyright and other notices are kept intact. Any other use of the content contained on the Platform is strictly prohibited.
    2. SchollyME respects the intellectual property of others and asks that its users do the same. You acknowledge and agree that SchollyME may: (i) remove content and/or User Submissions that infringe or are believed to be infringing the intellectual property or proprietary right of SchollyME or any third party; (ii) deny access to the Platform to any user who uses the SchollyME network in violation of any intellectual property or other proprietary right; and/or (iii) terminate a Member’s account who infringes or is believed to be infringing the intellectual property, proprietary, or other rights of any third party.
    3. In accordance with the Digital Millennium Copyright Act of 1998 (see 17 U.S.C. 512(c)(3) for further detail), SchollyME will respond promptly to claims of copyright infringement that are reported to our Copyright Agent, designated below. If you are a copyright owner or an agent thereof and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to SchollyME by providing our Copyright Agent with the following information in writing:
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    4. SchollyME’s designated Copyright Agent to receive notifications of claimed infringement is:
      • By mail: Uleses C. Henderson Jr.
        • One, LLP
        • 9301 Wilshire Boulevard, Penthouse
        • Beverly Hills, California 90210
      • By email: uhenderson@onellp.com
      • By phone: (310) 774-0256
    5. You acknowledge that if you fail to comply with all of the requirements of this Section 4(d), your DMCA notice may not be valid.
  5. Intellectual Property Rights.
    1. SchollyME Content. Excluding the User Submissions, SchollyME owns all right, title and interest, including without limitation all intellectual property rights, in and to the Platform and content contained therein (and any derivative works or enhancements of any of the foregoing), developed in whole or in part by, with or for SchollyME. property of SchollyME and its affiliates and/or licensors and may not be copied, imitated, All trademarks, service marks and logos contained on the Platform (the “Marks”) are the or used without the prior written permission of SchollyME. You shall not acquire any right, title or interest in any content or Mark, except for the limited use rights expressly set forth in these Terms of Use.
    2. Restrictions. Content on the Platform, including User Submissions, is provided to you AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, except as expressly permitted herein. If you download or print a copy of the content for a permissible use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the SchollyME Platform or features that prevent or restrict use or copying of any content or enforce limitations on the use of the SchollyME Platform or the content therein.
    3. Your License to SchollyME. By submitting material to any area of the Platform, whether created by or for you, you expressly grant (and/or warrant that the owner of such rights has expressly granted) to SchollyME a royalty-free, perpetual, irrevocable, sub- licensable, transferable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit such material (in whole or in part) worldwide and/or to incorporate it in works of any form, medium or technology now known or hereafter developed, for any purpose, for the full term of any copyright or other rights that may exist in such material.
  6. Representations, Warranties, and Covenants.
    1. You represent, warrant, and covenant that: (a) you have full power and capacity to enter into these Terms of Use; (b) you have and will maintain and/or secure, as necessary, throughout your use of or access to the Platform, all rights, authorizations, consents and licenses that are required with respect to, and in order to submit, your User Submissions to the Platform and permit SchollyME to post such content, perform its services and provide access and use of the Platform as contemplated now or in the future; (c) you have obtained all necessary publicity releases, consents 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 the manner contemplated herein.
  7. Warranty Disclaimer; Limitation of Liability.
    1. SchollyME is not responsible for the conduct, whether online or offline, of any user, affiliate, Member, third party service provider, or any other person or entity. Use of Website services, access to any portion of the Website, or reliance on the information contained therein or provided by others appearing on the Website, is at the sole risk of the user. Under no circumstances will SchollyME be responsible for any loss or damage caused by your reliance on information contained on or transmitted through the Website. accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website, and to seek It is your responsibility to evaluate the professional or other assistance, if necessary, in making such evaluation.
    2. If you provide your email address to SchollyME, this will constitute permission for SchollyME to send emails regarding SchollyME, its affiliates, its sponsors, its products, or other items in which you may have an interest unless and until you opt to unsubscribe from such email communications. At no time will SchollyME be held responsible for any inability to prevent emails from being sent to any party.
    3. THE PLATFORM AND ALL CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE, INCLUDING SchollyME CONTENT, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, QUALITY, CHARACTER, SUITABILITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SchollyME DOES NOT WARRANT THAT ANY INFORMATION CONTAINED ON OR TRANSMITTED THROUGH THE PLATFORM IS COMPLETE OR ACCURATE, THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT USER OR OTHER INFORMATION WILL BE COMPLETELY SECURE FROM UNAUTHORIZED ACCESS OR DISCLOSURE, OR THAT ANY INFORMATION IS FREE OF VIRUSES OR OTHER ROGUE PROGRAMMING.
    4. IN NO EVENT WILL SchollyME BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY PORTION OF THE WEBSITE, LINKS TO THIRD-PARTY CONTENT, SUBMITTED CONTENT, ANY CONTENT OF THE COMPANY OR THIRD PARTY CONTENT PROVIDERS, ANY DEFECT OR FAILURE OF ANY PRODUCT ADVERTISED ON THE PLATFORM, OR ANY ERRORS, INACCURACIES, OMISSIONS OR LACK OF AUTHENTICITY IN ANY SUCH CONTENT, OR ANY LOSS, MISUSE, OR UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION OR DESTRUCTION BY USERS OR THIRD PARTIES OF INFORMATION SUBMITTED TO OR CONTAINED ON THE WEBSITE. SchollyME, its affiliates, and or any third parties mentioned on the Platform are not liable for any personal injury, including death, caused by your use or misuse of the Platform, the content or services contained on the Platform. Any claims arising in connection with your use of the Platform or any content or services contained on the Platform must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
    5. The above disclaimer of liability includes, without limitation, any damages or injury caused by any unavailability of service, error, deletion, theft, alteration, misuse, or destruction of data (including personal information submitted by Users), computer virus, tortious behavior, negligence, or any other cause of action or inaction. assume the entire cost of all damage, servicing, repair, or correction You resulting from the use of the Website in any manner, including but not limited to the offensive or illegal conduct of other users or third parties.
  8. Indemnity.
    1. You agree to defend, indemnify and hold harmless SchollyME, its affiliates, its officers, directors, employees, successors, agents, affiliates, distribution partners from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (i) your use of and access to the Platfrom; (ii) your User Submissions or any materials in any form that are provided by you or through use of your account; (iii) any actual or alleged violation or breach of these Terms of Use or any SchollyME policies. This defense and indemnification obligation will survive this Agreement and your use of the Platform.
    2. You further release and hold SchollyME harmless from any and all liability arising from any misuse, unauthorized access, disclosure, alteration, or destruction of Platform content, User Submissions, and/or information contained in the Platform by other users or third parties.
  9. Term and Termination; All Payments Non-Refundable.
    1. SchollyME may terminate your Account or block your access to the Platform immediately upon notice if: (i) you have failed to comply with any of the terms or conditions of these Terms of Use or any policies established by SchollyME; (ii) you have failed to timely make any payment due to SchollyME in connection with your Account; or (iii) SchollyME reasonably suspects that you may be otherwise misusing the Platform or that your actions may be illegal or cause liability, harm or disruption for you, other users of the Platform, SchollyME or the Platform.
    2. If you become a Member, you may terminate your account by logging into your Account, editing your profile to delete your Account, and paying any and all fees or other amounts outstanding with respect to your account.
    3. Any suspension, termination or cancellation shall not affect your obligations to SchollyME under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
    4. All payments for services hereunder are final and non-refundable.
  10. Miscellaneous.
    1. Governing Law. Any disputes arising out of or related to the use of the Platform or these Terms of Use will be governed by the law of the State of CALIFORNIA , regardless of conflict of law provisions. Sole and exclusive jurisdiction and venue over any dispute arising out of or relating to use of the Platform or these Terms of Use shall lie in the appropriate federal or state court in LOS ANGELES County, CALIFORNIA.
    2. Severability. The invalidity or unenforceability of any provision of these Terms of Use will not affect the other provisions hereof, and these Terms of Use will be construed and remain in full force and effect in all respects with such invalid or unenforceable provisions limited or excluded to the minimum extent required under applicable law.
    3. Entire Agreement. These Terms of Use represent the entire agreement between SchollyME and you with respect to use of the Platform.
    4. Limitation on Causes of Action. Any cause of action you may have with respect to use of the Website must be commenced within one (1) year after the claim or cause of action arises.
    5. Contact/Address for Legal Notice. Except for copyright notices, referred to in Section 4 of these Terms of Use, all questions, comments and legal notices should be submitted to:
      SchollyME, Inc.
      2390 C. Las Posas Rd, #427
      Camarillo, CA. 93010
      Attn: Legal
    CONTACT US
    Corporate Headquarters
    2390. C Las Posas Rd.#427
    Camarillo, CA 93010
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