TERMS OF SERVICE

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.

Privacy Policy. Refer to PLAAY’s Privacy Policy to understand how PLAAY collects, uses, and discloses your personal information. 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, please do not register or submit any personal information to the Service. The Privacy Policy is located at the end of, and is a part of and hereby 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.

Eligibility

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.

User Content

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”).

All content, including your User Content, will be handled in accordance these Terms of Use and PLAAY’s other applicable polices, however, users of the Service and third parties will have access to content on the Service, including your User Content. You understand there is a risk that other users or third parties may use content on the Service, including your User Content, in ways that you do not approve of or that may be inappropriate. For example, another user may, without your permission, post or display your User Content on a third-party website or service. A user may also post and comment on schedule information related to you on a third-party website or service. PLAAY cannot and does not control the actions or activities of users and third parties who have access to the Service, including access to your User Content. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PLAAY IS IN NO WAY RESPONSIBLE OR LIABLE FOR THE ACTIONS OR ACTIVITIES OF THESE OTHER USERS OR THIRD PARTIES.

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.

Your Liability

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.

No Warranties

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.

Limited Liability

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

This Terms of Service and any transactions on this Service and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. Except as provided for in the “Dispute Resolution” section seen below, You agree that any action arising out of or relating to these Terms of Service shall be only in state or federal court located in New York City (Manhattan) and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any action arising out of or relating to these Terms of Service.

Dispute Resolution and Arbitration

You agree to first try to resolve any dispute informally by contacting us at support@plaaysports.com. 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 initated according to the following terms.

The parties agree to resolve any claims relating to or arising out of use of the Service, these Terms of Service, the Privacy Policy, and any other agreement related to the Service through final and binding arbitration, except as provided below. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in New York City (Manhattan) or any other location the parties may agree to. The AAA rules will govern payment of all arbitration fees. We will be responsible for arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. We will not seek our attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Either party may assert claims, if they qualify, in small claims court in New York City (Manhattan). Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. You can decline this agreement to arbitrate by emailing your full name and email address to support@plaaysports.com within 30 days of first accepting these Terms of Service. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. In the event that the agreement to arbitrate is found not to apply to you or your claim, the parties agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York City (Manhattan). The parties agree and consent to venue and personal jurisdiction there as noted in the “Applicable Law and Venue” provision of these Terms of Service, seen immediately above.

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 dmca@plaaysports.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):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person whose rights have been violated;
  2. a description of the copyrighted work that you claim has been infringed or the particular rights violated;
  3. if applicable, a description of where the material that you claim is infringing is located on the Service;
  4. your address, telephone number, and email address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law or with regard to the rights violated; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate.

Our designated Copyright Agent to receive notifications of claimed infringement can be contacted at dmca@plaaysports.com or by mail at PLAAY, LLC, POB 576, Tenafly, NJ 07670. 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:

  1. your physical or electronic signature;
  2. identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
  3. a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
  4. your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the United States District Court for the Southern District of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

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.

General Terms

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.

PRIVACY POLICY

Overview

We take your privacy very seriously and will treat all of your information with care and respect. This Privacy Policy describes your privacy rights regarding PLAAY’s collection, use, storage, sharing, and protection of your personal information on the Service (as defined in the Terms of Service). You understand and agree that we are providing a platform for you to submit, post, use, and display content, including User Content (as defined in the Terms of Service), on and via the Service. This means that other users and third parties may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of this Privacy Policy and our Terms of Use.

Collection and use of personal information and other information

Throughout this Privacy Policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person. In order to provide you with our team and group management services we ask you to provide us with some personal information. For an individual user, the minimum amount of information is your email address, a password, and your age (to verify that you are 13 or older — see Children’s Privacy below). In most cases your name is required as well.

Examples of optional information that you or your team may provide include:

  • Your contact information (e.g., name, email address, phone number, physical address)
  • User Content such as photos, videos, sounds, or other multimedia and comments on these materials (e.g., player photo, team photo, video clip from game, comments on any of these multimedia items)
  • Sports specific information (e.g., position, sports statistics)
  • Schedule information (e.g., whether you plan to attend an upcoming event)
  • Location information (e.g., your physical location at a given time)
  • Communications between you and PLAAY and other users and third parties on the Service (e.g., account, technical, and security notices, changes/updates to features of the Service, messages between you and other users or third parties)
  • Device and software information (e.g., the type of mobile device and associated hardware and software information, the browser used to access our web service)

If you are the parent / guardian of a player whose team is using the Service, we may ask you for optional information about your child (e.g., player name, position, gender, sports statistics). The Service is not for use by children under 13 and we never knowingly communicate directly with children under 13. You should not submit information about children under 13 unless you are the parent or guardian of that child or have the permission of the parent or guardian.

If you are a team owner or manager, you may need to pay for your use of the Service using a credit or debit card. We use third party payment card processing companies engaged by us to process payments in connection with the Service. These third parties have committed to PLAAY to process your payment card information in a secure, PCI compliant manner. Your credit card information is processed and retained by these third parties and will not be passed on to PLAAY. PLAAY does not store your payment card information in any way.

If you are a team owner or manager, you also may use the Service to collect funds from other users. We may deduct a payment processing fee from these fund transfers. In addition we will not use payment information you have provided for fund transfers to charge you for other services. The fund transfers are accomplished using Stripe (www.stripe.com) or another third party payment system, which is subject to separate terms with that third party (please review the section of this policy entitled “How We Share Your Information” below for more information).

Use of cookies and image tags

Cookies are small amounts of information stored in files within your device. We may use session cookies (which expire once you close your app or device) and persistent cookies (which stay on your device until you delete them) to store your preferences and personal information, identify you and maintain your signed-in status, and provide you with a more personal and interactive experience. We may also use beacons which are typically small graphic objects or pixels that are embedded in a screen view or web page. We offer certain features that are available only through the use of cookies. You are always free to decline cookies if your device permits. However, if you decline cookies, you may not be able to use certain features of the Service.

Your device may enable you to indicate your preference as to whether you wish to allow us to collect personal information about your online activities over time and across different apps, websites, or online services. We believe that there is currently no consistent industry standard for how to interpret and respond to these preference settings. Consequently, at this time the Service does not respond to the preferences you may have set in your device regarding the collection of such personal information, and we may continue to collect personal information in the manner described in this Privacy Policy. In addition, other parties may collect personal information about your online activities over time and across different web sites when you use the Service. This policy does not apply to and we are not responsible for those other parties. Please see the section of this policy entitled “How We Share Your Information” for more detail on how we interact with third parties with respect to your information.

Use of your information

As a general rule we use your information, including personal information, to provide the Service. However, during the process of developing and troubleshooting the Service, it may be necessary to look at pieces of your information to improve the Service or resolve a problem or dispute. Also, when you write us to request support, our customer support representatives may look at your information in order to assist you. We may also access and use your information to compare information for accuracy and verify it with third parties or to comply with applicable law or legal process.

The team owners or managers of each team/group can share pieces of your personal information and other information with the public.

No one at PLAAY has access to your credit card information. PLAAY does not store credit card details in its databases. We store your information that we collect on servers located in, and process your personal information in, the United States.

Monitoring user activity

We may monitor user activity on the Service and our systems. For example, we may monitor user activity in order to ensure the Service is operating correctly. We may also use this information to support you when you write us about an issue you are trying to resolve so we can see the history behind your information and to develop and improve the Service.

Managing Your Information

If you are a registered user, you may review, update, correct or delete your personal information by making changes to your “Profile.” If you are unclear about how to do this or have concerns, contact us at support@plaaysports.com.

Photos, videos, team schedules, and other information may be maintained by team owners or managers. We cannot and do not control the actions of team owners and managers. If you have concerns about that information, contact your team owner/manager or contact us at support@plaaysports.com.

We may communicate with you at various times, with administrative emails or phone calls, about transactions and service announcements, customer service responses and promotional emails like special offers, newsletters and updates. You can choose to stop receiving promotional emails at any time simply by changing your preferences, unsubscribing through the applicable feature of the Service, or using an email’s unsubscribe function. You may not opt out of receiving administrative messages or customer service responses. If you have agreed to receive marketing communications through interactions with our partners, you must change your communication preferences with them directly.

If you choose to invite others to use the Service, we ask you for your friend’s email and possibly their name. PLAAY or our service providers may store this information for the purpose of sending this introductory email. Your friend may contact us at support@plaaysports.com to request that we remove this information from our database.

How We Share Your Information

PLAAY will not sell, rent, or lease your personal information to others except as described in this Privacy Policy. PLAAY shares personal information in the following ways:

We will not sell your personal information, but we may sell images/videos or other media you post on the Service (e.g., to local newspapers).

We employ various third parties to run the Service (e.g., hosting service). These third parties operate components of the Service’s infastructure and may have access to your personal information and information about how you use the servive (e.g., access stasticis). These third parties will not be permitted to sell your personal information.

We work with various third-party solutions (e.g., league scheduling solutions). In these cases we will share your personal information with the third-party solution providers, but only if approved by you, your team manager, or your league/club commissioner. Information shared with a third-party solution provider is subject to their privacy policy. We do not control the privacy policies of these third parties and we encourage you to review their privacy policies.

When we identify a co-brand partner for a site or event, you agree that we may share contact information and transaction data (excluding credit or debit card numbers) with that partner. Information shared with a co-brand partner is subject to their privacy policy. We do not control the privacy policies of co-brand partners and we encourage you to review their privacy policies.

We use third-party service providers to help measure our content and advertising effectiveness and to serve ads on our behalf and on behalf of other third-parties. These ads are shown across the Internet and sometimes on PLAAY. We may share some anonymous, aggregated demographic information with some of these service providers, but we do not share any personally identifiable information except as specified in this privacy policy. These third party service providers may place cookies or web beacons on our websites, but we do not permit them to collect personal information (e.g., email, phone, etc.) in this process.

We also access non-personal information from third parties to improve the Service. For example, we access information about your location, determined from your IP address or mobile device location information, to personalize your experience. We may use this information to provide you with weather or other information that pertains to your location.

We may also use third-party analytics provders to evlaute how the Service is used and accessed, including by you. We may also access information from third parties that provide further analytical data about you. We use analytics information to improve the effectiveness of the Service, make the Service easier to use, and provide you with a better experience on the Service.

If we are involved in a business transfer (merger, acquisition, combination or sale of any or all of our assets), your information may be transferred, but we will require the surviving or successor company to initially abide by this policy with respect to your personal information and you will receive prior notice if your personal information will be used contrary to this policy following the transaction.

If we are required by law or legal process, we may provide your information to law enforcement or a third party.

Children’s Privacy

PLAAY does not knowingly collect information from children under the age of 13. Furthermore, we do not target our service to children under these ages nor will we ever knowingly communicate with children under 13. When we work with teams and groups with children under 13, the parents / guardians of the children are responsible for entering and managing their children’s information or authorizing others to do so.

Security and Retention

The security of your information is important to us. We store our own information in the Service and feel that the service is safe to use for any person age 13 and over.

The Service uses SSL/TLS to secure transmission of data between our servers and your app. Secure Sockets Layer (SSL) and Transport Layer Security (TLS) are encryption technologies that provides secure communications over the Internet. They do this by verifying that the server to which you are connected is actually the one it claims to be. They also encrypt all transactions between the parties communicating. Encryption is the scrambling of information as it is transmitted over the Internet to protect your confidentiality. Personal and credit card information passing between your computer and Service is encrypted. This means that while your information is in transit it is scrambled so that only PLAAY and the service providers we leverage to run the Service can reassemble your information in its original text format.

No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee the absolute security of your personal information or other information. If you have any questions or concerns about security, contact us at support@plaaysports.com.

We retain information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service and take other actions permitted by law.

Third Party Sites

The Service may integrate with or contain links to other apps, websites, and services. Those third party apps, websites, and services have their own privacy policies and terms of conditions that we do not control. We encourage you to review these third-party terms and contact the third party with any questions you may have. We are not responsible for the privacy practices or other actions of these third parties.

Notice to California Residents

If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by PLAAY to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us at support@plaaysports.com.

California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. To make such a request, please send an email with a detailed description of the specific content or information to support@plaaysports.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

Changes

If we decide to change this Privacy Policy, we will post the changes on this site, and if there is a material change to our privacy policy for any reason, unless you have opted out of email communications from PLAAY, we will notify you promptly by sending an email to an email address we have on file for you.

Questions

If you have any questions about this Privacy Policy, please contact us at by email at support@plaaysports.com.

CONDUCT POLICY

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.

Prohibited Conduct

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.

Enforcement

Notwithstanding anything to the contrary in this Conduct Policy, PLAAY reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Service or its systems, equipment, or network. PLAAY further reserves the right (each in its sole discretion) to screen, edit, modify, remove, or disable access to any content that violates these provisions or that PLAAY deems objectionable. Without imitating the foregoing, and notwithstanding anything to the contrary in the Privacy Policy, PLAAY reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if PLAAY suspects you have violated this Conduct Policy or any law or regulation. PLAAY also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.

If you want to report a violation of this Conduct Policy, please contact us at support@plaaysports.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.

Prohibited Activities

You may not use the PLAAY Payments service for activities that:

    • violate any law, statute, ordinance or regulation.
    • relate to sales of (a) narcotics, steroids, performance enhancing drugs, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law.
    • relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the following Money Service Business Activities: the sale of traveler’s cheques or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services.
    • involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
    • violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices.
    • involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes.

Violations

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 support@plaaysports.com.

If you have a question about whether a type of transaction may violate the Payments Service Acceptable Use Policy, you can contact us at support@plaaysports.com.