No-Nonsense, No B.S., Terms & Policies
Our simple ground rules to show we respect your league, your data, and your privacy.
We recognize running a sports organization is not just your passion, but also your business. LeagueApps will take every step to make sure we value and respect the partnership that you have with us.
- LeagueApps will not share your member database with a third-party without your explicit consent. We understand how hard you've worked to build up your league reputation and brand and only hope to strengthen the relationship you have with your members.
- You retain all rights to your data at all times.
- LeagueApps uses the highest level of SSL Authentication and does not store any of your members' credit card information.
- LeagueApps will use the best technology available to protect your LeagueApps account and members and safeguard all of your date in a secure operating environment.
- There are no hidden contracts so you are free to use LeagueApps as you see fit.
- If you want to leave the LeagueApps platform, you can use available LeagueApps tools to export all of your data and information.
The LeagueApps™ Platform may be used and accessed by sports organizers who use the LeagueApps™ sports management software to interact with sports registrants and/or by the sports registrants themselves. The term “sports registrants” refers to member account holders who are either: (A) sports registrants over sixteen (16) years of age; or (B) the parents or legal guardians of youth sports registrants under sixteen (16) years of age. As such, certain features of the Services may be offered to users directly by LeagueApps™, or through one or more third party league organizers who offer a white label or private-label version of the Services to their respective sports registrants.
Your California Privacy Rights
Shine the Light. If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, email us at: firstname.lastname@example.org; call us at: (800) 257-3681; or send us U.S. mail to: LeagueApps, Inc., 30 Irving Place, 3rd Floor, New York, NY 10003. Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please email us at: email@example.com; call us at: (800) 257-3681; or send us U.S. mail to: LeagueApps, Inc., 30 Irving Place, 3rd Floor, New York, NY 10003.
California Consumer Privacy Act of 2018 (“CCPA”). In addition to the foregoing, if you are a resident of the State of California certain other privacy-related rights may apply to you in accordance with the CCPA, including the right to opt-out of our sale of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our “Privacy Provisions for California Residents” below for a more complete description of your rights under the CCPA as a California resident.
Your Nevada Privacy Rights
If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please email us at: firstname.lastname@example.org; call us at: (800) 257-3681; or send us U.S. mail to: LeagueApps, Inc., 30 Irving Place, 3rd Floor, New York, NY 10003.
1. WHAT INFORMATION WE COLLECT
Please see our Privacy Provisions for California Residents below for additional details regarding the categories of personal information collected.
We collect personally identifiable information only when you provide it to us. If you do not wish for your personally identifiable information to be used or collected, please do not submit it to us. Do not submit personally identifiable information about others (for example, sports registrants) without their permission. Whether or not you choose to provide personal information is completely your own choice. But if you choose not to provide the information we request, you may be unable to use certain features of the Services. We collect several types of information from and about users of the Services, some of which is personally identifiable and some of which is non-identifying or aggregated, including information:
- by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card and other billing/payment information, date of birth and any other identifier by which you may be contacted online or offline (collectively, “personal information”);
- that is about you, but individually does not identify you; and/or
- about your Internet connection and browser, as well the computer, mobile device and/or other equipment that you use to access the Services and your usage details.
We collect this information (i) directly from you when you provide it to us, (ii) automatically as you use the Services (which information may include usage details, Internet Protocol (IP) addresses and information collected through cookies and other tracking technologies); and (iii) from third parties (such as our business partners).
In connection with certain aspects of the Services, we may request, collect and/or display some of the following types of information from/about our registered users:
- Member Account Information: When you create a “Member Account” you may be asked to provide the following information: name, email address, phone number, organization name, role in organization, number of players in your organization, organization website and zip code. If you subscribe to paid features or functions of the Services, we may also collect billing information from you.
- Sports Organization Information: Through your use of our Services, we may also ask you to provide statistics, demographic information, and/or other information relating to your sports organization or your organization’s sports registrants. We collect this information to allow you to use more of the features and functions related to our Services, including scheduling, sports management and tracking tools. You should not submit any information regarding your organization or its sports registrants that you are not fully authorized to submit with the informed consent of the applicable sports registrants in each instance.
We may also collect the following information from any visitor to our Site/user of our App, including, but not limited to, registered users:
- IP Address Information and Other Information Collected Automatically: LeagueApps™ automatically receives and records information from your web browser when you interact with the Services and/or the Site, including your IP address and cookie information. This information may be used for service functionality, to help us understand how users access a website, to fight spam/malware, to facilitate the collection of data concerning your interaction with the Services or the Site and for other similar purposes.
- We may collect certain non-personally identifiable information about you and your mobile device when you access the App and/or visit certain App pages. This non-personally identifiable information includes, without limitation, the following information pertaining to your mobile device and your use of the App: (a) mobile device platform type; (b) mobile device identifier; (c) SDK version; (d) API key (identifier for the App); (e) App version; (f) the model type, manufacture and Android version of the mobile device; (g) your App session start/stop time and date; and (h) the actions taken while utilizing the App. We use the non-personally identifiable information identified in this paragraph to improve the design and content of the Services and to enable us to personalize your App experience. We also may use this information in the aggregate to analyze Services usage, alter existing Services and/or develop new or different Services. You understand and agree that we may send push notifications about the Services to you by and through your mobile device. LeagueApps™ does not use geolocation technology to track App users’ locations.
- Metrics and Performance Statistics: LeagueApps™ may collect and track metrics and performance statistics relating to use of the Services, App and Site, and LeagueApps™ may use these metrics and statistics to generate analytics. This information may include, but is not limited to: (i) the IP address and physical location of the devices accessing the App and/or the URLs provided through the Services; (ii) the referring websites or services; (iii) the time and date of each access and the amount of time spent on certain sections of the App and/or Site. These metrics and analytics may be used by LeagueApps™ and its partners to improve their respective websites, mobile applications and services and to conduct market research.
You also may provide information to be published or displayed on public areas of the Services, to be transmitted to other users of the Services or to be transmitted to third parties (collectively, “User Data”). User Data that is posted on and/or transmitted by and/or through the services is done at your own risk. Although we limit access to certain information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services. Therefore, we cannot and do not guarantee that User Data will not be viewed by unauthorized persons.
Behavioral Tracking: Neither LeagueApps™, nor any third parties, place cookies or other tracking technology on the Site or in the App that tracks user activities after they leave the Site and/or exit the App, as applicable. Therefore, the Site and App do not respond to Do Not Track (DNT) signals.
Cross Device Tracking: LeagueApps™ tracks users’ use of the Services across various devices, including your personal computer and mobile device, in order to optimize and personalize your Services experience.
2. HOW WE USE INFORMATION ABOUT YOU
Please see our Privacy Provisions for California Residents below for details regarding our use of personal information.
Generally speaking, we use the information from and about you to: (a) provide you with the features and functions of the Site, App and/or the Services; (b) communicate with you regarding our Services and/or events, and LeagueApps™ and/or third party products, services, opportunities or promotions that may be of interest to you; (c) provide users with superior service and with information, opportunities and features targeted to your organization; (d) provide all visitors with a smooth, efficient, and personalized experience while using our Site, App and/or Services.
By submitting your personal information by and through the Services, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
We do not use your personal identifiable information to make automated decisions. As discussed above, our web servers may automatically collect non-personally identifiable information, including the web page from which a visitor enters our Site and/or accesses on or through our App, as applicable, which pages/sections a visitor visits/accesses on our Site/App, and how much time a visitor spends on each page/section. We aggregate this information and use it to evaluate and improve our Site, App and Services and use the information for market research purposes, including for our third party sponsors/partners. We may also use information for research purposes, to develop new products and services, to analyze customer behavior and to help us understand how visitors use our Site, App and Services and to measure interest in the various pages, to gather statistical information, improve the content of our Site and App, to make our Site and App easier to use, or to provide information and statistics to our sponsors/partners. Additionally, we may use information that we collect about you or that you provide to us in any other way we may describe when you provide the information, as well as for any other purposes with your consent.
Following termination or deactivation of an account, we may retain information and content for backup, archival, audit or other business purposes, or otherwise in accordance with applicable laws. We may maintain anonymized, de-identified or aggregated data, including usage data, for analytics purposes. If you have any questions about data retention or deletion, please e-mail us at: email@example.com.
3. HOW WE PROTECT YOUR INFORMATION
We endeavor to safeguard and protect our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts users to enter sensitive data (such as medical information, driver’s license/ID card number, health insurance information, data collected from an automated license plate recognition system, Social Security Number and credit card information) and when we store and transmit such sensitive data, that personal information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our users’ personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need user personal information to perform a specific job are granted access to user personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store user personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, App, other Services or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
4. HOW WE SHARE YOUR PERSONAL INFORMATION WITH THIRD PARTIES
Please see our Privacy Provisions for California Residents below for details regarding our sharing of personal information. We may share your information with third parties as follows:
- With Service Providers: We may use other companies to perform services including, without limitation, facilitating some aspects of our Site or Services such as sending emails, processing payments, and fulfilling customer service requests. These other companies may be supplied with or have access to your information solely for the purpose of providing these services to you on our behalf.
- With Business Partners/Affiliates/Sponsors: We may share and/or sell your information for marketing purposes with/to the businesses with which we partner and/or affiliates or sponsors for the sports programs or platforms that you participate in. The information we share, and how it is used by our partners, may vary depending on whether you are a sports organizer or a sports registrant and whether you use a platform that is offered through a sponsored or affiliate program. For sports organizers and for sports registrants of sponsored or affiliated programs, our partners may contact you regarding products, services, events, opportunities or promotions that may be of interest to you or your sports organization. For sports registrants, our partners will only contact you with the approval of your sports organizer or if you otherwise opt in or consent to be contacted. You may also be given the opportunity to opt-in to receive additional communications from third parties relating to information, events or promotions that may be of interest to you or your sports organization.
- Special Circumstances: We also may disclose your information, including personally identifiable information, in the following circumstances:
- In response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law;
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Site/App terms and conditions or other agreements or policies.
- In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy. We will endeavor to contact you in the event of any of these transactions, but we do not promise to do so.
We may also share aggregated, non-personally identifiable information publicly, including with users, partners or the press in order to, for example, demonstrate how our Services are used, evaluate industry trends, or to create our marketing materials. Any aggregated information shared this way will not contain any personal information.
5. HOW TO UPDATE, MODIFY OR REMOVE PERSONAL INFORMATION
Please see our Privacy Provisions for California Residents below for instructions on how California Residents can access and/or delete personal information that we have collected.
At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have otherwise collected. You may do so by e-mailing us at: firstname.lastname@example.org. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate your access to certain of the Services. If you wish to continue using the full complement of Services, you may not be able to delete all of the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems..
6. OPT OUT/UNSUBSCRIBE
Please see our Privacy Provisions for California Residents below for instructions on how California Residents can opt-out of the sale of their personal information to third parties.
To opt-out of receiving e-mail and other forms of communication from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: email@example.com.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Services, as well as to respond to any inquiry or request made by you. To opt-out of receiving Services-related and/or inquiry response-related messages from League Apps™, you must cease requesting and/or utilizing the Services and/or cease submitting inquiries to LeagueApps™, as applicable..
7. PRIVACY FOR INDIVIDUALS UNDER SIXTEEN (16) YEARS OF AGE
Please see our Privacy Provisions for California Residents below for details regarding our use and sharing of the personal information of minors.
8. LINKS TO THIRD PARTY SITES AND/OR INTEGRATION WITH THIRD PARTY PLATFORMS
Our Site, App and/or Services may interface with third party websites and services (for example, social media platforms like Facebook®, Twitter®, Google+® or other third party applications, sites or services), over which we have no control.
9. Visiting our Site/ACCESSING OUR ApP from outside the United States
We store and process all personal information for LeagueApps™ within the US.
Furthermore, with respect to any personal information originating outside the U.S., we will retain such information until we determine that you are no longer active within our system.
10. Visiting our Site/ACCESSING THE APP from the European Economic Area (EEA)
The Legal Basis for Using European Personal Information
- We only use and store your personal information if we have a legal basis for doing so, including where you have given us your express consent, where we have a legitimate business interest, or pursuant to the contractual relationship that exists between you and LeagueApps™.
- When we collect information about you through our Site and/or App, the legal basis on which we process your personal information is fulfillment of an agreement between us, namely, to provide you with the products and services requested, or LeagueApps™ marketing material promoting our offerings and/or those of third parties in response to your request.
- When we collect information about you through our Site and/or App, the legal basis on which we process your personal information is the performance of our agreement with you to purchase or review the Services. When we use your personal information outside of what is strictly necessary for that transaction, we are doing so in order to pursue our legitimate interest of informing you of related products and promotions.
- To the extent that we transfer personal information from the EEA to a jurisdiction outside the EEA that has not been adduced by the European Commission as providing adequate data protections (such as the US), the basis for such transfer is the necessity of providing you with information, products, or Services you have requested.
Rights for EEA Residents
In addition, if you are a resident of the EEA, you :
- Find out if we use your personal information, to access your personal information, and receive copies of your personal information in a machine readable format.
- Withdraw any express consent that you have provided to the processing of your personal information at any time without penalty.
- Access your personal information and have it corrected or amended if it is inaccurate or incomplete.
- Obtain a transferable copy of some of your personal information which can be transferred to another provider when the personal information was processed based on your consent.
- If you believe your personal information is inaccurate, no longer necessary for our business purposes, or if you object to our processing of your personal information, you also have the right to request that we restrict the processing of your data pending our investigation and/or verification of your claim.
- Request your personal information be deleted or restricted under certain circumstances. For example, if LeagueApps™ is using your personal information on the basis of your consent and has no other legal basis to use such, you may request your personal information be deleted from our databases, as well as the databases of any third party with which we shared your personal information, when you withdraw your consent.
- If you wish to exercise any of these rights, or raise a complaint on how we have handled your personal information, please contact us at firstname.lastname@example.org or via the details below.
12. QUESTIONS OR FEEDBACK
Privacy Provisions for California Residents
Categories of Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular CA User or device (“personal information”). In particular, we have collected the following categories of personal information from CA Users within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, telephone number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, postal address, telephone number, passport number, driver's license or State identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a User's interaction with a website, application or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||NO|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated CA User information.
- Information excluded from the CCPA's scope, such as:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources (with the specific categories of personal information indicated in parenthesis:
- Directly from our CA Users. For example, from online registration forms that our CA Users submit to us in connection with the products and/or Services that we offer by and through the Site and/or App. (Categories A, B, C and D)
- Indirectly from our CA Users. For example, through information we collect from our CA Users in the course of providing our products and/or Services to them. (Categories A, B, C, D and F)
- Directly and indirectly from activity on the Site and/or in the App. This includes the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS), the type of mobile device that you use and the domain name of your Internet Service Provider. In addition, we obtain certain Site usage details and analytics as same are collected automatically by us and our third party partners. (Category F)
- When our CA Users interact with us on our social media accounts, including commenting on and/or liking our posts. (Category F)
- From third-parties that interact with us in connection with the products and/or Services that we offer to our CA Users. For example, third party entities that assist us in sending direct and electronic mail, removing duplicate information from CA User lists, analyzing data and providing marketing analysis. (Categories A, B, C, D and F)
Use of Personal Information
We may use or disclose the personal information that we collect (including: (a) name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) date of birth; (f) organization name; (g) your role in the organization; (h) the number of players in your organization; (i) your organization website and zip) for one or more of the following business purposes (with the specific categories of personal information indicated in parenthesis:
- To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in connection with your purchase of Services, we will use that information to process your order. (Categories A, B, C and D)
- To provide you with information, products or Services that you request from us. (Categories A, B, C, D and F)
- To create, maintain, customize and secure your account with us. (Categories A, B, C, D and F)
- To provide you with e-mail, direct mail and telemarketing messages concerning Services, as well as third-party products and/or services, that we believe may be of interest to you. (Categories A, B, C, D and F)
- To deliver relevant Site/App content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. (Categories A, B, C, D and F)
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including the Site/App’s Terms and Conditions. (Categories A, B, C, D and F)
- To improve the Site and App, and better present their contents to you. (Categories A, B, C, D and F)
- For customer service purposes and to respond to inquiries from you. (Categories A, B, C and D)
- For testing, research, analysis and product development. (Categories A, B, C, D and F)
- As necessary or appropriate to protect our rights, property or safety, and that of our clients or others. (Categories A, B, C, D and F)
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. (Categories A, B, C, D and F)
- As described to you when collecting your personal information or as otherwise set forth in the CCPA. (Categories A, B, C, D and F)
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred. (Categories A, B, C, D and F)
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you with notice.
Sharing Personal Information
Subject to your right to opt-out of such sharing/sale, we may share, rent and/or sell your personal information from Categories A, B, C, D and F (including: (a) name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) date of birth; (f) organization name; (g) your role in the organization; (h) the number of players in your organization; (i) your organization website and zip): (i) with/to third parties for marketing purposes; and (ii) for the other business purposes set forth above.
When we disclose personal information to a third party service provider or other entity, we enter into a contractual relationship that describes the purpose for which such third party may use the personal information and requires that third party to both keep the personal information confidential and not use it for any purpose other than the performance of its services under the applicable contract. Please note, we do not collect information from CA Users that we actually know are less than sixteen (16) years of age and we do not share or sell the personal information of CA Users that we actually know are less than sixteen (16) years of age. Without limiting the foregoing, we have not shared or sold the personal information of CA Users that we actually know are less than sixteen (16) years of age in the preceding twelve (12) months.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A Identifiers.
Category B California Customer Records personal information categories.
Category C Protected classification characteristics under California or federal law.
Category D Commercial information.
Category F Internet or other similar network activity.
We disclose your personal information (including: (a) name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) date of birth; (f) organization name; (g) your role in the organization; (h) the number of players in your organization; (i) your organization website and zip) for a business purpose to the following categories of third parties (with the specific categories of personal information indicated in parenthesis:
- Our affiliates. (Categories A, B, C, D and F)
- Service providers. (Categories A, B, C, D and F)
- Third parties who provide certain of the products and/or services featured on the Site. (Categories A, B, C, D and F)
- Third parties who purchase and/or license your personal information for marketing purposes, including: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers. If a third party purchaser of your personal information wants to resell it, that purchaser is required by law to provide you with explicit notice and an opportunity to opt-out of further sales, unless the right to resell it was secured by us at the point of collection. (Categories A, B, C, D and F)
- Third parties to whom you authorize us to disclose your personal information in connection with the products and/or Services that we provide to you. (Categories A, B, C, D and F)
In the preceding twelve (12) months, we have sold the following categories of personal information to third parties:
Category A Identifiers.
Category B California Customer Records personal information categories.
Category C Protected classification characteristics under California or federal law.
Category D Commercial information.
Category F Internet or other similar network activity.
In the preceding twelve (12) months, we have sold the above referenced categories of personal information (including: (a) name; (b) mailing/billing address; (c) e-mail address; and/or (d) telephone number) to the third parties who purchase and/or license your personal information for marketing purposes, as well as the third parties who provide certain of the products and/or services featured on the Site.
Your Rights and Choices
The CCPA provides CA Users (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Opt-Out from the Sale of Your Personal Information
You have the right to opt-out of our sale of your personal information to third parties. To exercise your right to opt-out of our sale of your personal information to third parties, please submit a verifiable CA User request to us by either:
- Calling us at: (800) 257-3681
- Emailing us at: email@example.com; or
- Sending us U.S. mail to: LeagueApps, Inc., 30 Irving Place, 3rd Floor, New York, NY 10003.
We endeavor to act on all opt-out requests as soon as practicable, but in all cases within fifteen (15) days of the receipt of your request.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable CA User request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we have shared that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable CA User request, we will delete (and direct our service providers to delete) your personal information from our (their) records, unless an exception applies; provided, however, that in some cases, strictly for regulatory compliance purposes and to better evidence/honor opt-out/unsubscribe requests (and for no other purposes), we may retain certain items of your personal information on a de-identified and aggregated basis in such a manner that the data no longer identifies you.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations in connection with our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech rights, ensure the right of another CA User to exercise her/his free speech rights or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, but only if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with CA User expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability and Deletion Rights
To exercise your access, data portability and/or deletion rights described above, please submit a verifiable CA User request to us by either:
- Calling us at: (800) 257-3681
- Emailing us at: firstname.lastname@example.org; or
- Sending us U.S. mail to: LeagueApps, Inc., 30 Irving Place, 3rd Floor, New York, NY 10003.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable CA User request related to your personal information.
You may only make a verifiable CA User request for access or data portability twice within a 12-month period. The verifiable CA User request must:
- Provide sufficient information that allows us to reasonably verify that you are: (1) the person about whom we collected personal information; or (2) an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable CA User request does not require that you create an account with us. We will only use personal information provided in a verifiable CA User request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to all verifiable CA User requests within forty-five (45) days of the receipt thereof. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures that we provide will only cover the twelve (12) month period preceding the receipt of your verifiable request. The response that we provide will also explain the reasons that we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable CA User request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; and/or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to these Provisions
We reserve the right to amend these Provisions in our discretion and at any time. When we make changes to these Provisions, we will notify you by email or through a notice on the Site’s homepage.
- Calling us at: (800) 257-3681
- Emailing us at: email@example.com; or
- Sending us U.S. mail to: LeagueApps, Inc., 30 Irving Place, 3rd Floor, New York, NY 10003.
Updated: Nov 1, 2020
Terms of Service
Please read these Terms of Service carefully as they contain important information regarding your legal right, remedies and obligations. If you do not agree to these Terms of Service, you should leave the Site immediately and discontinue use of the Services immediately.
Welcome to LeagueApps, a digital platform to manage and organize participatory sports. The LeagueApps platform (“Platform”) may be used and accessed by sports organizers who use the LeagueApps sports management software to interact with sports registrants and/or by sports registrants themselves. (Sports registrants refer to member account holders who are either (a) a sports participant over the age of 13 or (b) the parent or legal guardian of a youth sports participant under the age of 13.) 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 sports registrants.
These Terms of Service (these “Terms of Service”) constitute an agreement between you and LeagueApps, Inc. (“LeagueApps”, "we" or "us"). These Terms of Service, together with any documents expressly incorporated herein, govern your access to and use of the Platform, the website located at http://leagueapps.com (the “Site”), including any content, functionality and services offered on or through the Platform or the Site, and any of our other services or products (the Platform, the Site and any of our other services or products, collectively, referred to as the “Services”), whether or not you register as a user and whether or not you are a sports organizer or a sports registrant. The terms “you” or “your” refer to sports organizers, sports registrants and all visitors, users and others who access any of the Services.
If you are entering into these Terms of Service on behalf of an organization, you represent that you have the authority to bind the organization to these Terms of Service, in which case the terms “you” or “your” shall refer to the organization. If you do not have such authority, or if you do not agree with these Terms of Service, you must not use the Services.
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms of Service have the same force and effect as a signed agreement, (iii) you expressly accept and agree to be bound by the terms hereof, and (iv) you have independently evaluated all aspects of these Terms of Service and have entered into these Terms of Service without relying on any representation, guarantee or statement other than those expressly set forth in these Terms of Service.
In addition to these Terms of Service, in some cases, your use of the Services may be subject to additional terms and privacy policies. Specifically:
- sports organizers’ use of the Services may be subject to amended or supplemental terms agreed to directly with LeagueApps that alter or modify these Terms of Service; 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 companies, 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 and change these Terms of Service without notice, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Services or the Site 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 to determine if there have been changes to these Terms of Service and to review such changes.
DESCRIPTION OF SERVICE
LeagueApps is a platform that enables participatory sports organizations to use digital sports management functionality and communicate with their members and other interested parties. We may also partner with third party sports leagues, organizations, or businesses to offer users and league 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”) and a website for your organization (“Member Web Site”). To create a Member Account we may ask you to provide the following information: name, email address, phone number, organization name, role in organization, number of players, organization website and zip code. 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 these Terms of Service 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.
CONDITIONS OF USE
Your use of the Services and any of its functions or features is subject at all times to these Terms of Service 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 18 years of age or older to create an account or web site on LeagueApps. Fraudulent accounts will be terminated. Only parents or legal guardians may create an account for individuals under the age of 13 or for youth leagues and/or submit information about individuals under the age of 13 or about youth league participants.
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 must not disclose it to any other person or entity outside of your organization. You acknowledge and agree that, except with respect to your organization, (i) your account is personal to you and you will not provide any other person with access to the Services using your user name, password or other security information, and (ii) you will notify us immediately of any unauthorized access to or use of your account or any other breach of security.
ACCOUNT OWNERSHIP POLICY
We are not responsible or liable for any account ownership disputes that may arise with respect to Member Accounts or Member Web Sites. In the event of a dispute regarding account ownership, our policy is to not make any changes to account ownership unless and until we are able to reasonably determine the rightful account owner. As such, we reserve the right to request documentation to determine or confirm 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 account, and other verifiable documentation. LeagueApps reserves the right, at its sole discretion, to, at any time, determine the rightful owner of Member Accounts and Member Web Sites and transfer an account to the rightful owner. Our determination of account ownership will be final and binding on the parties involved in the dispute. If we are unable to reach a determination of account ownership, we may terminate your Member Account and/or Member Web Site.
You acknowledge and accept the foregoing 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 ownership determination, agree immediately to dismiss any claim so brought, and hereby indemnify and release LeagueApps from all liability and all claims for damages or any other liability whatsoever that may arise out of such policy.
TERMINATION/CANCELLATION OF MEMBER ACCOUNT OR MEMBER WEB SITE
Either LeagueApps or you may terminate or cancel a Member Account or Member Web Site at any time without notice. You understand and agree that your 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 Website, you may use available LeagueApps tools to export all of your data and information.
You acknowledge that LeagueApps reserves the right to charge for the Services and/or specific functions or features of the Services and to change its fees from time to time in its discretion. In the event of a termination of your LeagueApps account for any reason, whether by LeagueApps or by you, you shall not be entitled to a refund of any unused portion of the fees paid by you to use the Services. Further, you will be responsible to LeagueApps for an additional cancellation fee, should LeagueApps choose to charge such cancellation fee.
If we are unable to verify or authenticate any information 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 membership 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, your Member Account and/or your Member Web Site may be terminated 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 purchase. 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 shall 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 or use of the Services. Amounts not paid by you to LeagueApps when due will be assessed an additional 1.5% (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. These Terms of Service 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 account or your account is terminated. LeagueApps reserves the right, at 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 Website, 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, or 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.
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). 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 embedded within 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 users or any other parties with whom you interact through the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.
You are legally responsible for all data, content or other information ("Member Content") uploaded, posted or stored through your Member Account or on your Member Web Site or 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 these Terms of Service, 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 these Terms of Service or any other agreement between you and LeagueApps.
If you choose to submit any feedback, suggestions or ideas (“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; (d) we may have something similar to the Submissions already under consideration or in development; (e) your Submissions shall automatically become the 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 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 posting all applicable privacy policies or notifications on your Member Web Site, for making all appropriate disclosures to visitors to your Member Web Site and to other end users whose information you collect, and for obtaining any necessary consent(s) from such individuals, with respect to your collection and use of personal information and including your disclosure of user personal information to 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 hosted on LeagueApps' servers certain types of personal information that could trigger state breach notification laws in the event the information is accessed by an unauthorized person, including, but not limited to, social security, driver's license, bank account or credit card numbers, unless such information is provided to LeagueApps in a system specifically designed 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 personal information stored on its systems that it deems to be stored in an unsecure manner. In the event that an incident of unauthorized access or disclosure of such data triggers state breach notification laws because of your breach of this section, you agree that you will be wholly responsible for the timing, content, cost and method of any such notice and compliance with such laws.
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 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 or other disruptive or harmful software or data; and
- 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.
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 (i) owned by LeagueApps, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users, and (iv) 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.
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”): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed (the “Disputed Material”); (iii) a description of where the Disputed Material is located on the Services; (iv) 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 (vi) 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
LEAGUEAPPS IS 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 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 ONE HUNDRED DOLLARS ($100).
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, use, or misuse of the Services, (ii) your violation of these Terms of Service 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.
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 Site and/or the Services. Specifically, without limitation, by providing information and/or uploading content within the Site and/or 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 and/or the Services.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE MATERIALS APPEARING ON THE SITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. YOUR USE OF THE SERVICES AND ANY CONTENT ON 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 MATERIALS ON ITS SITE 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 YOU INPUT REGARDING SPORTS PARTICIPANTS; 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.
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 further agree to reimburse LeagueApps for its reasonable costs incurred in defending against such improperly initiated claim. You agree that prior to initiating any formal proceedings against LeagueApps, you will send us a notice to firstname.lastname@example.org 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.
Alternative Dispute Resolution Process
Subject to any applicable laws, if a claim arises between you and LeagueApps with a total value of less than $10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and LeagueApps agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement.
Except as otherwise provided herein, 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.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this Arbitration Agreement. Such claims shall be exclusively brought in the state or federal courts located in New York, New York. Additionally, notwithstanding this Arbitration Agreement, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
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.
WAIVER AND SEVERABILITY
No waiver by LeagueApps of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LeagueApps to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
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 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.
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