The following terms and conditions (“Terms of Service”) govern your access to, and use of, PLAAY (the “Service”) operated by PLAAY, LLC (“PLAAY”).
By clicking on “I Agree” or by opening, accessing, browsing, or otherwise using the Service, you agree to be bound by these terms of service and all of the related policies or guidelines incorporated by reference below, including any subsequent changes or modifications to any of them. If you do not agree, do not open, access, browse, or otherwise continue to use the Service.
PLEASE READ THESE TERMS OF SERVICE VERY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, LIABILITIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW AND WHERE DISPUTES WILL BE RESOLVED.
Other Applicable Terms
You agree that the following policies and guidelines also apply to you and that each policy and guideline is incorporated in these Terms of Service.
Conduct Policy. You agree to the terms of PLAAY’s Conduct Policy related to your use of the Service, including your submission of any User Content (as defined below). The Conduct Policy is located at the end of, and is a part of and hereby incorporated in, these Terms of Service.
Payments Service Acceptable Use Policy. You agree to the terms of PLAAY’s Payments Service Acceptable Use Policy, which governs how financial transactions are handled by the Service. The Payments Service Acceptable Use Policy is located at the end of, and is a part of and hereby incorporated in, these Terms of Service.
Use of the Service is void where prohibited. By using the Service, you represent to PLAAY that (a) any registration information that you submit is truthful, accurate, and otherwise owned by (or licensed to) you; (b) your use of the Service does not violate any applicable law or regulation; and (c) you are not under 13 years of age.
THE SERVICE IS NOT DIRECTED TO, AND NOT INTENDED FOR THE USE OF, CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, DO NOT REGISTER OR SUBMIT ANY PERSONAL INFORMATION TO THE SERVICE.
PLAAY does not claim any ownership rights in the data, text, forum posts, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post or upload to the Site and/or through the Service (collectively, “User Generated Content”). After posting or uploading your User Generated Content to the Service, you continue to retain any ownership rights in such User Generated Content, except as set forth in these Terms of Service.
You are solely responsible for the User Generated Content that you submit, post, use, or display on or via the Service. You are also solely responsible for any third party content in your User Generated Content and for the use of the User Generated Content, including on the Service. We reserve the right to remove third-party content, your User Generated Content, and/or any other content on the Service in our sole discretion, although we have no obligation to do so.
In addition, the Service may contain content, under license to PLAAY from one or more third parties, in which you are featured and/or visible or which includes your name, username, nickname, professional name, image, likenesses, other identifications, and biographical material (“User Featured Content” and together, with User Generated Content, “User Content”).
You hereby grant to PLAAY and our licensees, distributors, agents, independent contractors, representatives, and other authorized users (collectively, the “PLAAY Entities”), a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the Service or any related or affiliated websites, on third party web sites, cable networks and stations, broadband and wireless platforms, and or on any other products and services) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Content License”). You appoint PLAAY as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm, fully utilize, or enforce the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Service.
You represent and warrant to PLAAY that:
You own the User Content or otherwise control or have the legal right to post or transmit the User Content in accordance with these Terms of Service. You understand other users and third parties will have access to your User Content on the service. You also understand there is a risk that other users or third parties will use your User Content in ways you do not approve of or that you may deem inappropriate (e.g., posting your User Content or schedule information to a third party website or service). You also recognize that PLAAY cannot and does not control the actions or activities of users and third parties who have access to the Service and cannot be held responsible or liable for their actions or activities.
The posting or other transmission of the User Content on or through the Service or otherwise by PLAAY or the PLAAY Entities does not violate the privacy rights, publicity rights, intellectual property rights (copyrights, patents, trademarks), contract rights or any other rights of any person or entity.
Without limiting these Terms of Service, you hereby provide your consent to the use of User Featured Content to your school and/or applicable athletic organization from which PLAAY has obtained, directly or indirectly, such User Feature Content. To the extent that any of the User Content on the Service features a child of a user under the age of 18, such child shall also be deemed to be a user for purposes of these Terms of Service, and further you represent and warrant that you have the ability to consent to the Content License and the foregoing representations with regard to such content on such child’s behalf and you hereby do agree to the Content License and foregoing representations with regard to such content on the child’s behalf.
You have no agreement with or obligations to any third party with respect to the rights herein granted which would or might conflict or interfere with or adversely affect any of the provisions of these Terms of Service or the use or enjoyment by PLAAY of any of the rights herein granted you have secured and will maintain all rights necessary for PLAAY to use and enjoy the rights herein granted. You have not sold, assigned, transferred or conveyed, and will not sell, assign, transfer, or convey, to any party any right, title, or interest in and to the rights herein granted or any part thereof, adverse to or in derogation of the rights herein granted to PLAAY.
If you are under 18 years of age, you further warrant and represent that you either: (1) are an emancipated minor, or (2) possess legal parental or guardian consent to enter into this agreement and use the Service.
To the extent any “moral rights,” rights of integrity or attribution, or “ancillary rights,” or similar rights in or to the User Content exist and are not exclusively owned by PLAAY, you agree not to enforce any such rights as to PLAAY or the PLAAY Entities, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to or through the Service.
Copyright and Limited License
Except for User Content, all other copyrighted and copyrightable materials that are on the Service, including but not limited to the text, design, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively, “Materials”) are “Copyright © PLAAY, LLC 2016, ALL RIGHTS RESERVED”, and/or its licensors.
PLAAY grants you a limited license to make personal use of the Service to access and review the Materials for your information purposes only. This license does not include the right to: (a) use the Service or Materials other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Service, including any images found on the Service or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) make derivative uses of the Service or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of PLAAY or any third party. Any unauthorized use of the Service will terminate the permission or license granted by PLAAY to you under this Terms of Service and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
You are solely responsible for your activities on the Service, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify PLAAY and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, including violations of the Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.
Trademarks and Service Marks
“PLAAY,” “plaaysports.com,” and PLAAY’s logos and names are trademarks, service marks, or registered trademarks of PLAAY or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the express prior written permission of PLAAY or its suppliers or licensors. You may not use meta tags or any other “hidden text” using any of the above-referenced marks without PLAAY’s express prior written permission. Additionally, all screen views, page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of PLAAY, and they may not be copied, imitated, or used, in whole or in part, without PLAAY’s express prior written permission. All other PLAAY names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by PLAAY.
Links and Third Party Content
PLAAY or third parties may provide links on the Service to other apps, sites, or content. PLAAY has no control over such apps, sites, or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of apps, sites, or content linked to by the Service. PLAAY provides links to you only as a convenience, and the inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked apps, site, or any information therein.
THE SERVICE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE, IS AT YOUR SOLE RISK. PLAAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SERVICE. PLAAY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SERVICE ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.
PLAAY is not responsible for typographical errors or omissions relating to pricing, text, photography, videos, or other information on the Service. PLAAY cannot and does not represent or warrant that the Service or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any information received from the Service.
You agree that in no event shall PLAAY be liable for any damages, including but not limited to any indirect, special, incidental, consequential, or punitive damages and including but not limited to any loss of use, loss of profits, or loss of data, in any action, including in any action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use the Service or the materials therein or resulting from unauthorized access to or alteration of data.
IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES. YOU ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK FOR YOUR USE OF THE SERVICES.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. PLAAY makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the Service provisions of these Terms of Service.
Applicable Law and Venue
Dispute Resolution and Arbitration
You agree to first try to resolve any dispute informally by contacting us at firstname.lastname@example.org. We will respond to you by email and attempt to resolve disputes you submit to us. If a dispute you present to us is not resolved within 30 days of the first email submission regarding the dispute, formal proceedings may be initiated according to the following terms.
Digital Millennium Copyright Act
Without limiting the foregoing, and in accordance with the Digital Millennium Copyright Act (DMCA), it is PLAAY’s policy to terminate, in appropriate circumstances as determined in our sole discretion, subscribers or account holders who we determine are repeat infringers. If you believe your copyright has been violated by material uploaded by a user of PLAAY, please email us at email@example.com.
If you are a copyright owner or authorized agent and believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, or if you believe that your rights have otherwise been violated by the Service, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Our designated Copyright Agent to receive notifications of claimed infringement can be contacted at firstname.lastname@example.org or by mail at PLAAY, LLC, 555 Pleasantville Road, Briarcliff Manor, New York 10510, United States. If you believe that your User Content that was removed (or to which access was disabled), is not infringing, is subject to the copyright defense of “fair use” pursuant to 17 U.S.C. 107, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice pursuant to the DMCA containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, PLAAY may, in its sole discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored.
Changes to Terms of Service
PLAAY reserves the right to change or modify any of the terms and conditions contained in these Terms of Service, or any policy or guideline, at any time and in its sole discretion. If PLAAY decides to change this Terms of Service, it will post a new version on the Service and update the effective date set forth above. Any changes or modifications to this Terms of Service or policy will be effective upon posting of the revisions. Your continued use of the Service following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review this Terms of Service and any other applicable policies, including their dates, to understand the terms and conditions that apply.
PLAAY reserves the right, without notice and in our sole discretion, to terminate your account and your limited license to the Service and to block or prevent future access to and use of the Service for any reason in our sole discretion.
If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Notice for California Residents
Under California Civil Code Section 1789.3, California Service users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
The following Conduct Policy governs your conduct while using the Service. PLAAY hopes the Service will be a place that is welcoming to people of different backgrounds and communities and an environment that is free of abusive content. However, PLAAY cannot and does not control the actions or activities of users and third parties who have access to the Service.
Any violation of this Conduct Policy or the Terms of Service may result in the suspension or termination of your access to the Service and such action as we deem appropriate in our sole discretion. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf or using your account, shall be considered violations of the policy by you.
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on the Service:
You agree not to upload, post, or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
You agree not to upload, post, or otherwise transmit any data that you do not have a right to transmit under any law (such as, but not limited to, photos, videos, or other information about other people who have not consented to use the Service or who have not agreed that you may submit or post their information to the Service) or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or a under nondisclosure agreement).
You agree not to upload, post, or otherwise transmit any data 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.
You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person or entity;
You agree not to upload, post, or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You agree not to use an account name, file or directory name, or third level domain (e.g., CokeFan.PLAAY.Com), or other identifier that infringes or misappropriates any trademark, service mark, or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship, or endorsement of a third party’s products or services.
You agree not to attempt to disguise the origin of any User Content transmitted to the Service.
You agree not to act in any manner that negatively affects another user’s ability to use the Service.
You agree not to impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You agree not to interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
You agree not to post content that would be harmful to minors in any manner.
You agree not to intentionally create and/or log in with multiple accounts.
System and Network Security
You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Service or to breach security or authentication measures.
Unauthorized monitoring of data or traffic on the Service.
Interference with the Service including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
Forging of any packet header, e-mail header, or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
Using manual or electronic means to avoid any use or access limitations placed on this Service.
If you want to report a violation of this Conduct Policy, please contact us at email@example.com. Bear in mind, however, that not all disagreeable conduct violates our Conduct Policy or Terms of Service, so reporting something does not guarantee that it will be removed.
PAYMENTS SERVICE ACCEPTABLE USE POLICY
You are independently responsible for complying with all applicable laws in all of your actions related to your use of PLAAY’s payment service, regardless of the purpose of the use. In addition, you must adhere to the terms of this Payments Service Acceptable Use Policy.
Third-Party Payments Systems and Services
PLAAY may use Stripe (www.stripe.com) or another third party payment system or service to accomplish some payments and fund transfers on the Service. These third party systems and services are not controlled by PLAAY and are subject to separate terms and conditions that you may be required to agree to before you are able to use these third-party systems and services. PLAAY encourages you to review these separate terms and conditions and any other applicable polices of these third-party systems and services.
You may not use the PLAAY Payments service for activities that:
We encourage you to report violations of this Payments Service Acceptable Use Policy to PLAAY immediately. If you want to report a violation of this Payments Service Acceptable Use Policy, please contact us at firstname.lastname@example.org.
If you have a question about whether a type of transaction may violate the Payments Service Acceptable Use Policy, you can contact us at email@example.com.