Please read these Terms of Service and End-User License Agreement (“Terms of Service”) carefully as they contain important information regarding your legal rights, remedies and obligations. If you do not agree to these Terms of Service in their entirety, you must leave the Site, exit the App and discontinue use of the Services immediately (as those terms are defined below).
Welcome to LeagueApps, a digital platform to manage and organize participatory sports. The LeagueApps platform (“Platform”) may be used and accessed by: (a) sports organizers who use the LeagueApps sports management software to interact with sports registrants; and/or (b) sports registrants themselves. For purposes of these Terms of Service, the term “sports registrants” refers to LeagueApps member account holders who are either: (i) participants in sports leagues/organizations who are eighteen (18) years of age or older; or (ii) the parents or legal guardians of sports participants under eighteen (18) years of age). As such, the Services (as defined below) may be offered to users by LeagueApps, itself, or by one or more third party league organizers who offer a white label or private-label version of our platform to their respective sports registrants.
By using the Services, you accept and agree to be bound and abide by the terms of the Agreement in their entirety. If you do not want to agree to the terms of the Agreement in their entirety, you must not access or use the Services.
If you are entering into the Agreement on behalf of an organization or entity, you represent that you have the authority to bind that organization/entity to the Agreement, in which case the terms “you” or “your” shall refer to the applicable organization/entity. If you do not have such authority, you may not access or use the Services.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST LEAGUEAPPS, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES AND MARKETING PARTNERS, WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
iPhone®, iPad® and iPod Touch® are registered trademarks of Apple, Inc. (“Apple”). Android®, Google®, Google Play® and YouTube® are registered trademarks of Google, Inc. (“Google”). Facebook® and Instagram are registered trademarks of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that LeagueApps is not in any way affiliated with Apple, Facebook, Google or Twitter, and the Services are not endorsed, administered or sponsored by Apple or Google.
You acknowledge and confirm that: (A) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained in the Agreement; (B) the Agreement has the same force and effect as a signed agreement; (C) you expressly accept and agree to be bound by the terms of the Agreement; and (D) you have independently evaluated all aspects of the Agreement and have entered into the Agreement without relying on any representation, guarantee or statement other than those expressly set forth in the Agreement.
- sports organizers’ use of the Services may be subject to amended or supplemental terms agreed to directly with LeagueApps that alter or modify the Agreement; and
- sports registrants’ use of the Services may be subject to the terms and/or policies of the third party league organizer through whom the LeagueApps platform is made available. LeagueApps is not responsible or liable for the practices of individuals, organizations and/or entities, including sports organizers, that LeagueApps does not own or control or individuals that LeagueApps does not employ or manage. If sports registrants have any questions regarding whether any additional policies or agreements apply to their use of the Services, please contact your league organizer.
LeagueApps reserves the right to update change, modify, add, or delete portions of these Terms of Service at any time, in its sole discretion, without further notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. If we do this, we will post the changes to these Terms of Service on the home page of the Site and App and will indicate at the bottom of the home page of the Site and App the date these terms were last revised (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check the Site and App, as applicable, to determine if there have been changes to these Terms of Service and to review such changes.
1. DESCRIPTION OF SERVICE
LeagueApps offers a Platform that enables participatory sports organizer to use digital sports management functionality and communicate with their sports registrant members and other interested parties. We may also partner with third party sports leagues, organizations, or businesses to offer sports registrants and sports organizers unique events, opportunities, products or services. To take full advantage of all the functions and features of the Services, you must create a member account (“Member Account”) as either a sports organizer or sports registrant and, in the case of sports organizers, designate a website for your organization (“Member Web Site”). While creating a Member Account, we may ask you to provide the following information: name, email address, phone number, organization name (where the registrant is a sports organizer), role in organization (where the registrant is a sports organizer), position played in the applicable sport (where the registrant is a sports registrant), number of players (where the registrant is a sports organizer), organization website (where the registrant is a sports organizer) and organization zip code (where the registrant is a sports organizer). It is a condition of your use of the Services that all the information you provide is correct, current and complete.
LeagueApps disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend, restrict or stop your access to all or part of the Services, with or without notice at any time and without any liability to you, for any reason, including, for example, if you do not comply with the Agreement or if we are investigating your suspected misconduct. We also reserve the right to modify, suspend or discontinue the Services, or add or create new limits to our Services, with or without notice at any time and without any liability to you.
In addition, LeagueApps disclaims, and sports organizers accept, all responsibility and liability for the use of such sports organizers’ Member Web Sites by sports registrants or any other third parties. Furthermore, LeagueApps disclaims, and sports registrants accept all responsibility and liability for the use of sports organizers’ Member Web Sites, including data usage and any privacy practices associated therewith.
2. CONDITIONS OF USE
Your use of the Services and any of its functions or features is subject at all times the Agreement and any other applicable third party terms.
You must not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You must access the Services using applications provided by LeagueApps or using a standard web browser. Using automated tools to access, upload or download content is not permitted.
You must be eighteen (18) years of age or older to create a Member Account. Fraudulent accounts will be terminated. Only parents or legal guardians may create an account for individuals under the age of eighteen (18) or for youth leagues and/or submit information about individuals under the age of eighteen (18) or about youth league participants.
In addition to the foregoing, individuals are not permitted to access the Services with “Jail-Broken Mobile Devices.” For purposes of the Agreement, a Jail-Broken Mobile Device is a Mobile Device that runs the Android® operating system that has had any of its Android®-based software restrictions removed via any procedure that is not fully endorsed and authorized by the applicable Mobile Device manufacturer.
3. ACCOUNT SECURITY
If you choose, or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you may only disclose your username (but not password) to person your applicable sports organization. You acknowledge and agree that, except with respect to your organization, (a) your Member Account is personal to you and you will not provide any other person with access to the Services using your Member Account, user name, password or other security information; and (b) you will notify us immediately of any unauthorized access to or use of your Member Account or any other breach of security.
4. ACCOUNT OWNERSHIP POLICY
We are not responsible or liable for any Member Account ownership disputes that may arise with respect to Member Accounts or Member Web Sites. In the event of a dispute regarding Member Account ownership, our policy is to not make any changes to Member Account ownership unless and until we are able to reasonably determine the rightful Member Account owner. As such, we reserve the right to request documentation to determine or confirm Member Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, payment information related to the Member Account, and other verifiable documentation. LeagueApps reserves the right, in its sole discretion, to, at any time, determine the rightful owner of Member Accounts and Member Web Sites and transfer any Member Account to its rightful owner. Our determination of Member Account ownership will be final and binding on the parties involved in the dispute. If we are unable to reach a determination of Member Account ownership, we may terminate the subject Member Account and/or Member Web Site.
You acknowledge and accept the foregoing Member Account ownership policy, agree not to bring any claim in the form of a lawsuit or otherwise against LeagueApps arising out of such policy and our Member Account ownership determination, agree immediately to dismiss any claim so brought, and hereby agree to indemnify and release LeagueApps from all liability and all claims for damages or any other liability whatsoever that may arise out of such policy.
5. TERMINATION/CANCELLATION OF MEMBER ACCOUNT OR MEMBER WEB SITE
Either LeagueApps or you may terminate or cancel your Member Account or Member Web Site at any time without notice. You understand and agree that cancellation of your Member Account is your sole right and remedy with respect to any dispute with LeagueApps.
In the event that you decide to terminate or cancel your Member Account or Member Web Site, you may be able to use available LeagueApps tools to export all of your data and information under certain circumstances.
6. SERVICE FEES
If we are unable to verify or authenticate any information that you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your Member Account and/or Member Web Site may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts and you may be prohibited from accessing or using the Services.
By purchasing any Services, you hereby authorize LeagueApps to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Transaction. You hereby understand and agree that in most cases, LeagueApps will be charging your designated credit card in accordance with the payment schedule of the Transaction or Service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify LeagueApps of any changes to your credit card or if your credit card has expired, otherwise your access to the Services may be disconnected or interrupted. All fees must be paid in U.S. Dollars.
You agree to pay your account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your Transaction(s) or use of the Services. Amounts not paid by you to LeagueApps when due will be assessed an additional 1.5% interest (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorneys’ and collection fees, that LeagueApps may incur in its efforts to collect any remaining balances due from you. The Agreement shall in no way limit any other remedies available to LeagueApps. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your Member Account or your Member Account is terminated. LeagueApps reserves the right, in its sole discretion, to retroactively charge your credit card (or other applicable payment mechanism) for any outstanding balances greater than sixty (60) days old. You must notify LeagueApps of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify LeagueApps within sixty (60) days, you waive any right to dispute such problems or discrepancies.
You are solely responsible for all of the terms and conditions of any Transactions involving the purchase or sale of products or programs by you through a Member Web Site, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law. Sports organizers and sports registrants must resolve all questions or disputes regarding the foregoing directly with each other. LeagueApps is not responsible or liable for the practices of sports organizers or sports registrants, for sports organizers’ and sports registrants’ interactions with each other or use of Member Web Sites, including, without limitation, any claims for payments or refunds associated therewith.
7. THE APP
(a) Installation. LeagueApps believes in providing users with clear, concise and complete disclosure before users download and install the App, including a description of the primary functions of the App. The App requires user consent prior to installation. LeagueApps does not believe that users should be deceived into downloading or installing the App. In order to download the App, as made available on the Android® mobile platform, you must either utilize the options made available: (i) on the Site; or (ii) via participating Download Venues. You understand and agree that LeagueApps shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the App.
(b) Uninstall. The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional “add/remove” programs function contained within your Mobile Device. Please be advised that in some instances, you may be required to restart your Mobile Device before all remnants of the App are completely uninstalled and removed from your Mobile Device. If you experience any problems installing and/or uninstalling the App, please contact us via e-mail at: firstname.lastname@example.org.
THE APP IS NOT SPYWARE OR ADWARE. THE APP WILL NOT DELIVER ADVERTISEMENTS TO YOUR MOBILE DEVICE, PROVIDED THAT ADVERTISEMENTS SUCH AS THE THIRD-PARTY ADS MAY APPEAR IN THE APP ITSELF.
(c) Download Venues. The Agreement is entered into by and between you and LeagueApps, and not with the applicable Download Venue that you use to access the App. As between LeagueApps and any participating Download Venue, LeagueApps is solely responsible for the App. No Download Venue has any obligation to furnish any maintenance and/or support services with respect to the App. The Download Venues are third-party owned and operated websites. Use of those stores shall be governed by the applicable venue’s agreements, terms and conditions. LeagueApps does not control the Download Venues or any of the actions, policies or decisions made by the operators of those venues.
(d) Remote Access, Updates and Bug Fixes. LeagueApps reserves the right (but is not obligated) to add additional features or functions to the existing App, and to provide technical support including bug fixes, error corrections, patches, new releases or any other component not specified within these Terms of Service, from time-to-time. When installed on a user’s Mobile Device, the App periodically communicates with LeagueApps servers. LeagueApps may require the updating of the App residing on a user’s Mobile Device when LeagueApps releases a new version of the App, or when LeagueApps makes new features available. The aforementioned technical support and/or updates may occur automatically without prior notice, or upon prior notice to you, and may occur all at once or over multiple sessions, in LeagueApps’ sole and absolute discretion. By downloading the App, you hereby consent to these update/technical support services. Our access to your Mobile Device will be limited to providing support and/or updating the App. Where we are denied access for these purposes, your ability to utilize App-based Services may be limited. Each user understands that we may require that user’s review and acceptance of our then-current Agreement before that user will be permitted to use any subsequent versions of the App. Each user acknowledges and agrees that LeagueApps has no obligation to make any subsequent versions of the App available to that user, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement.
(e) Third-Party Software. ANY THIRD-PARTY SOFTWARE, AS WELL AS ANY THIRD-PARTY PROVIDED PLUG-INS, THAT MAY BE PROVIDED WITH THE APP ARE MADE AVAILABLE FOR USE AT EACH USER’S SOLE OPTION AND RISK. IF A USER CHOOSES TO USE SUCH THIRD-PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD-PARTY’S LICENSING AGREEMENT(S), TERMS AND CONDITIONS AND PRIVACY PRACTICES. LEAGUEAPPS IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY USER’S USE OF, OR INABILITY TO USE, THIRD-PARTY SOFTWARE.
(f) App License Grant/Termination. Subject to the restrictions set forth in the Agreement, we grant to you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the App and related software, in object code format only, on Mobile Devices owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with the Agreement, and solely for so long as your Account is in good standing. You acknowledge that you are receiving licensed rights only. The licenses set forth in this Section shall be in effect unless and until this license is terminated by LeagueApps. LeagueApps may terminate the licenses set forth in this Section and/or disable, remove or change the App and/or any portion thereof in its sole discretion at any time, with or without notice, by remote updates or otherwise. In addition, this license will terminate immediately with respect to a user if that user fails to comply with any term or condition of the Agreement. Each user agrees upon expiration or termination of this license to immediately un-install the App. You may not network the App among multiple Mobile Devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the App and/or its structural framework; (ii) create derivative works of the App; (iii) use the App in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the App. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the App in any way to permit other products or information to interoperate with the App. You are responsible for all use of the App that is under your possession or control.
(g) Export Restrictions. Each user agrees that the App may not be transferred or exported into any other country or used in any manner prohibited by U.S. or other applicable export laws and regulations.
8. THIRD PARTIES AND USER INTERACTIONS
The Services may contain links to third party websites or services that are not owned or controlled by LeagueApps (including Member Web Sites), and includes features that allow you to interact and communicate with third parties (including sports organizers and sports registrants) (“Interactive Services”). When you access third party websites or interact or communicate with third parties through the Services, you do so at your own risk. LeagueApps has no control over and assumes no responsibility for, the content, information, materials, services, products, privacy policies or practices of, or opinions expressed in, any third-party websites, or which are posted to or through the Services by other parties, including those featured on Member Web Sites. Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
LeagueApps is not responsible for the actions, content, information or data of any third parties, including sports organizers, sports registrants or other users. You are solely responsible for your interactions with sports organizers, sports registrants or other users of the Services, and any other parties with whom you interact through the Services. Additionally, your dealings with third parties found on the Services or participation in their promotions or activities, including payment and delivery of goods or services, and any other terms of those relationships (such as warranties or liability) are solely between you and such third parties. You agree that LeagueApps shall not be responsible for any harm, loss, or damage of any sort relating to your dealings with such third parties (including in relation to your participation in any activities of sports organizers).
If you have a dispute with one or more individuals or entities with whom you interact through the Services, you release us and our Covered Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
9. MEMBER CONTENT; FEEDBACK
You are legally responsible for all data, content or other information (“Member Content”) uploaded, posted or stored through your Member Account, on your Member Web Site, via the Interactive Services, via various surveys, questionnaires and feedback requests (collectively, “Surveys”) that we make available from time-to-time, and otherwise through your use of the Services. You are responsible for any Member Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure.
LeagueApps does not control the Member Content posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such content. LeagueApps reserves the right, in its sole discretion, without notice at any time, to (a) review the Member Content posted via the Services; (b) edit, remove or refuse to post any Member Content, in whole or in part, for any or no reason in our sole discretion; (c) take any action with respect to any Member Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Member Content violates the Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for LeagueApps; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including, without limitation, your violation of the agreement or any other agreement between you and LeagueApps. Notwithstanding the foregoing, LeagueApps undertakes no responsibility to monitor or otherwise police the Member Content made available by and through your Member Account, on your Member Web Site, via the Interactive Services or otherwise through your use of the Services. You agree that LeagueApps shall: (i) have no obligations and incur no liabilities to you or any third party in connection with any Member Content; and (ii) not be liable to any party for any claim in connection with any Member Content.
If you choose to submit any Member Content in the form of feedback, suggestions or ideas in response to the Surveys, or otherwise (collectively, “Submissions”), you acknowledge and agree that: (A) your Submissions do not contain confidential or proprietary information; (B) we are not under any obligation of confidentiality, express or implied, with respect to the Submissions; (C) we are entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide including using such Submissions for purposes of improving, modifying and/or updating the Services, Site and/or App and/or for marketing and business development purposes; (D) we may have something similar to the Submissions already under consideration or in development; (E) your Submissions shall automatically become the sole and exclusive property of LeagueApps without any obligation of LeagueApps to you; and (F) you are not entitled to any compensation or reimbursement of any kind from LeagueApps in connection with the Submissions under any circumstances.
In connection with any Member Content, you represent and warrant the following:
If you are a sports organizer that uses LeagueApps to perform Services on your behalf, you agree that you are solely responsible for: (1) posting all legally required privacy policies and/or consumer notifications on your Member Web Site; (2) making all appropriate disclosures to visitors to your Member Web Site and to other end users whose information you collect, store and/or use; and (3) obtaining any necessary consent(s) from such individuals with respect to your collection, storage and use of personal information, including your disclosure of user personal information to third party service providers such as LeagueApps.
If you are a sports organizer that uses LeagueApps to perform Services on your behalf and you collect personal information from individuals, you acknowledge and agree that you will not collect, or cause to be collected and shared with, LeagueApps (or cause to be hosted on LeagueApps’ servers) certain types of sensitive personal information that could trigger state security breach notification laws in the event that such information is accessed by any unauthorized person, including, but not limited to, social security number, driver’s license number, bank account information or credit card numbers, unless such information is provided to LeagueApps by and through the system specifically designated by LeagueApps to protect and store such information. If such information is shared with LeagueApps, or hosted on LeagueApps’ servers in a manner that LeagueApps deems to be insecure, LeagueApps has the right, but not the obligation, in its sole discretion to delete and remove any such sensitive personal information. In the event that an incident of unauthorized access or disclosure of such sensitive personal information triggers state security breach notification laws because of your breach of this paragraph, you agree that you will be solely responsible for the timing, content, cost and method of providing any such notice to the affected parties, and for any other aspect of compliance with such laws.
10. INTEGRATION PARTNERS
11. MEMBER CONDUCT
You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit Member Content or other content (including, but not limited to, via the Interactive Services) that contains any of the following:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
- Except as otherwise permitted by LeagueApps in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm, spyware, malware, spamware or other disruptive or harmful software or data;
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner;
- Content that displays any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third-party without the permission of that third-party;
- Content that displays any audio files, text, photographs, videos or other images that contain hate speech and/or any other material that we reasonably believe degrades, intimidates, incites violence against or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category;
- Content that would constitute “stalking,” “bullying,” threatening, badgering, sexually harassing or otherwise harassing any person;
- Content that expresses or implies that any statements you make is endorsed by LeagueApps;
- Content utilized to harvest or collect personal information of Members or other third parties whether or not for commercial purposes, without their express consent;
- Content that utilizes any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Member Web Site, Services or related content; and/or
- Content that interferes with or disrupts any of the Services and/or the servers or networks connected to same.
12. INTELLECTUAL PROPERTY
The Services and all past, present and future content of the Services, including all software and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of LeagueApps, are: (a) owned by LeagueApps, its licensors or other providers of such material; (b) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws; (c) are intended solely for the personal, non-commercial use of our users; and (d) may only be used in accordance with these Terms of Service.
You may not use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit any content on the Services for any purpose other than as expressly permitted under these Terms of Service. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
If you are a sports organizer, you hereby grant LeagueApps a non-exclusive, limited right to use your organization’s trade name, trademarks, service marks, logos and other distinctive or proprietary brand features for promotional, marketing and service implementation purposes in connection with your use of the Services.
13. COPYRIGHT INFRINGEMENT
We respect the intellectual property of others and we expect our users of the Services to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who infringe or potentially infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our agent for notice of claims of copyright or other intellectual property infringement (the “Copyright Agent”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed (the “Disputed Material”); (c) a description of where the Disputed Material is located on the Services; (d) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that use of the Disputed Material is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the Disputed Material, or are authorized to act on behalf of the owner of the Disputed Material.
Our Copyright Agent can be reached as follows:
c/o LeagueApps, Inc.
30 Irving Place 3rd Floor
New York, NY 10003
14. LIMITATIONS OF LIABILITY
LEAGUEAPPS SHALL BE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY ASSOCIATED CONTENT OR MEMBER CONTENT; OR (B) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING OTHER SPORTS REGISTRANTS, SPORTS ORGANIZERS OR OTHER USERS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IN NO EVENT WILL LEAGUEAPPS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO LEAGUEAPPS FOR USE OF THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR FIVE HUNDRED DOLLARS ($500).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless LeagueApps, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your access to or misuse of the Services; (ii) your violation of the Agreement or any additional terms applicable to your use of the Services; or (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your Member Content.
16. RELEASE AND WAIVER OF RIGHTS
You release LeagueApps and expressly waive any and all claims against LeagueApps that may arise from your use of the Services. Specifically, without limitation, by providing information and/or uploading content within the Services, you release LeagueApps and expressly waive all claims against LeagueApps arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use of the Site, App and/or other Services.
17. DISCLAIMER OF WARRANTIES
THE MATERIALS APPEARING BY AND THROUGH THE SERVICES COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. YOUR USE OF THE SERVICES AND ANY CONTENT MADE AVAILABLE BY AND THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LEAGUEAPPS NOR ANY PERSON ASSOCIATED WITH LEAGUEAPPS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER LEAGUEAPPS NOR ANYONE ASSOCIATED WITH LEAGUEAPPS REPRESENTS OR WARRANTS THAT ANY OF THE CONTENT MADE AVAILABLE BY AND THROUGH THE SERVICES OR ANY MEMBER WEB SITE ARE ACCURATE, COMPLETE, OR CURRENT OR THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL LEAGUEAPPS BE RESPONSIBLE OR LIABLE FOR (I) MAINTAINING, STORING OR TRANSMITTING DATA GENERATED THROUGH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DATA THAT YOU INPUT REGARDING SPORTS REGISTRANTS; AND (II) ANY CHANGES OR MODIFICATIONS TO SETTINGS FOR THE SERVICES OR MODIFIED FUNCTIONALITY OF THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO BACK-UP ALL DATA INPUT, SUBMITTED OR OTHERWISE PROVIDED THROUGH THE SERVICES BY YOU, AND YOU ACKNOWLEDGE AND AGREE THAT LEAGUEAPPS SHALL NOT BE RESPONSIBLE OR LIABLE FOR PROVIDING ANY COPIES THEREOF TO YOU. YOU ACKNOWLEDGE AND AGREE THAT UPON CONCLUSION OR TERMINATION OF THE TERM OF THE SERVICES, ANY AND ALL DATA INPUT, SUBMITTED OR OTHERWISE PROVIDED THROUGH THE SERVICES BY YOU MAY BE DELETED AND DESTROYED, AND COPIES OF SUCH INFORMATION AND DATA MAY NOT BE AVAILABLE TO SHARE WITH YOU.
LEAGUEAPPS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. GOVERNING LAW AND DISPUTE RESOLUTION
Initiating a Formal Claim
Any and all disputes or claims (including the interpretation and scope of this clause, and the arbitrability of the dispute or claim) between you and LeagueApps shall be resolved by the processes set forth in these Terms of Service. LeagueApps provides the Services to you on the condition that you accept the dispute resolution provisions described below. Accordingly, if you initiate any claim against LeagueApps in any other manner, you shall be in violation of these Terms of Service and you agree that LeagueApps shall be entitled to have such action dismissed or otherwise terminated. You agree that prior to initiating any formal proceedings against LeagueApps, you will send us a notice to email@example.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within thirty (30) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms of Service.
You and LeagueApps agree that any and all disputes or claims that have arisen or may arise between us shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Our arbitration proceedings would be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by this Arbitration Agreement. You may review those rules and procedures, and obtain a form, known as a “Demand for Arbitration,” for initiating arbitration proceedings at www.adr.org. The arbitration shall be held in New York, New York. If the value of the relief sought is $10,000 or less, either of us may elect to have the arbitration conducted according to the Alternative Dispute Resolution Process described above.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users of the Services, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. The parties will share the costs of the arbitration until the final determination is made, at which point, the arbitrator will be permitted to award the prevailing party legal costs of the arbitration.
YOU AND LEAGUEAPPS AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (REFERRED TO HEREIN AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS”). UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE SERVICES.
Except with respect to the Prohibition of Class and Representative Actions described above, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms of Service and this section will continue to apply.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Please report any violations of these Terms of Service directly to LeagueApps.
21. WAIVER AND SEVERABILITY
22. ENTIRE AGREEMENT
LeagueApps shall not be liable for any failure to perform its obligations hereunder. These Terms of Service and any subsequent versions of these Terms of Service posted to the Site and App will be deemed a legally binding contract signed by both parties. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind LeagueApps in any respect whatsoever.
24. ADDRESS AND CONTACT INFORMATION
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:
30 Irving Place, 3rd Floor
New York, NY 10003