PlayyOn - PlayyOn - Terms of Service

Last updated: Monday, June 11, 2014

Share your sports life online - PlayyOn!

Welcome to the early version of PlayyOn. PlayyOn, Inc. ("PlayyOn," "we," "us," or "our") invites you to access and use our online services (the "Services"), which are made available to you through our website located at www.playyon.com (the "Site") and our mobile app (the "App"). By accessing and using the Site, the App or the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and you represent and warrant that you are at least 18 years old or older. Users under age 18 but above age 13 are permitted to use the Site, Service and/or App, provided that they do so with the consent of a parent or legal guardian who accepts the Terms of Use on the minor√ïs behalf. If you do not agree to any of these terms, then please do not use the Site, the App or the Services. These Terms of Use may be updated by us from time to time without notice to you.

You understand that you are using an early version of the Services and that we are likely to make changes to the Services, the Site and the App. As an early user, you are obtaining early access to the Site, the App and the Services. As an early user, we may ask you for your input regarding the Site, the App or the Services from time to time. Any such feedback you provide will become the property of PlayyOn and we may use it for our business purposes, including without limitation to improve the Site, the App or the Services.

THE SERVICES

The Services provide an online network for fitness, recreation and sports that creates an environment of community, competition and a local, trusted marketplace. Each Registered User (as defined below) will be able to create a profile that contains his/her personal information, including, but not limited to, name, email address, teams/clubs/groups/hubs to which he/she belongs, sports gear he/she uses, and sports and/or fitness activities he/she participates in. Registered Users may also upload pictures/videos to be displayed on their profile. The profile will be visible to other Registered Users when such Registered Users login through the Site and/or the App. Registered Users can connect with other Registered Users who share common interests as well as learn about local athletic events for a variety of sports. Registered Users can also send personal messages to other Registered Users. Registered Users may also post classifieds relating to job listings and career development in sports, and events and professional services.

We may also provide additional features and functionality, including, but not limited to the following:

Insights & Inspirations™: Registered Users may interact with other Registered Users from their Teams, Clubs, Groups and Hubs™ for game updates, statistics and reports.
Gear Up For Grabs™: Registered Users may recommend, buy and sell new and used sporting equipment to other Registered Users.
Quick Connect™ and Clipboard™: Registered Users may share and gain information from other Registered Users who share common interests.

REGISTRATION

You are welcome to browse the Site and/or the App as a visitor without providing any information to us. If you would like to use the Services, you will need to register as a user ("Registered User") by providing us with your name and email address and creating a user name and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.

USE OF PERSONAL DATA

Your use of the Site and/or the App may involve the transmission to us of certain personally-identifiable information. Our policies with respect to the collection and use of such information are governed according to our Privacy Policy (located at https://playyon.com/privacy/), which is hereby incorporated by reference in its entirety.

FEES

The Services are currently provided to you for free. However, we may begin charging fees for all or any portion(s) of the Services at any time upon notice to you.

INTELLECTUAL PROPERTY

(a) PlayyOn Content. The Site and the App contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of PlayyOn (collectively referred to as the "PlayyOn Content"). The PlayyOn Content is owned by us or our licensors, and is protected under both United States and foreign laws. The PlayyOn Content includes trademarks, service marks, and logos of PlayyOn and its licensors used and displayed on the Site and the App, which are registered and/or unregistered trademarks or service marks of PlayyOn or its licensors.

Except as otherwise provided in these Terms of Use, you have no rights in or to the PlayyOn Content, and you must not:

Use the PlayyOn Content except as permitted under these Terms of Use;
Remove any copyright or other proprietary notices contained in the original PlayyOn Content on any copy you make of the PlayyOn Content;
Sell, transfer, assign, license, sublicense, or modify the PlayyOn Content or use the PlayyOn Content for any public or commercial purpose;
Use or post the PlayyOn Content on any other website or in a networked computer environment

(b) User Generated Content. PlayyOn does not claim any ownership rights in the images, graphics, text, data, hyperlinks and other material supplied by you to us in connection with the Site and/or the App (collectively, "User Generated Content"). By uploading any User Generated Content, you hereby grant us an irrevocable, non-exclusive, worldwide, fully-paid and royalty-free, sublicensable, transferable license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such User Generated Content, along with the right to excerpt, analyze, index, and create derivative works from such User Generated Content solely in connection with provision of the Site, the App and/or the Services. You represent and warrant that: (i) you own the User Generated Content or otherwise have the right to grant the license set forth in this section, and (ii) the posting and use of your User Generated Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree that we may remove User Generated Content that is offensive or otherwise unacceptable to us in our sole discretion.

COMMUNITY GUIDELINES

Our community, like any community, functions best when we all follow a few simple rules. By accessing and/or using the Site, the App or any of the Services, you hereby agree that:

You will not use the Site, the App or the Services for any unlawful purpose;
You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another√ïs privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person√ïs e-mail address, postal address, phone number, credit card information, or any similar information.
You will not "stalk" or otherwise harass another;
You will not spam or use the Site, the App or the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
You will not interfere with or attempt to interrupt the proper operation of the Site, the App or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site, the App or the Services through hacking, password or data mining, or any other means.

Each of us is an important part of the PlayyOn community. If you see something that you think violates these community guidelines, please help us by using our flagging option. Our team that reviews these reports and works as quickly as possible to remove content that is deemed inappropriate.

If you violate these Community Guidelines, your account will be suspended and you will no longer be permitted to log in. Any offensive material posted will be immediately removed. The final decision in inappropriate content is that of the PlayyOn staff.

UNSOLICITED INFORMATION

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to us through the Site and/or the App, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

DISCLAIMER AND LIMITATION OF LIABILITY

NONE OF PLAYYON, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "PLAYYON PARTIES") ENDORSE ANY REGISTERED USERS OR USER GENERATED CONTENT (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY THE REGISTERED USERS) MADE AVAIALBLE THROUGH THE SITE, THE APP OR THE SERVICES. YOU ACKNOWLEDGE THAT THE SITE, THE APP AND THE SERVICES MERELY ACT AS A VENUE THAT BRINGS TOGETHER REGISTERED USERS THAT SHARE SAME INTERESTS. NONE OF THE PLAYYON PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY COMMUNICATION OR INTERACTION BETWEEN THE REGISTERED USERS OR FOR ANY RESULTS CAUSED BY USING THE SITE, THE APP OR ANY OF THE SERVICES. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE APP AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL PLAYYON CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE PLAYYON PARTIES WARRANT THAT THE SITE, THE APP, THE SERVICES, OR THE PLAYYON CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PLAYYON PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE AND/OR THE APP.

IN NO EVENT SHALL ANY PLAYYON PARTY BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF SUCH PLAYYON PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, THE APP OR THE SERVICES IS TO STOP USING THE SAME.

EXTERNAL SITES

The Site and/or the App may contain links to third-party websites ("External Sites"), but we do not endorse and are not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

INDEMNIFICATION

You agree to defend, indemnify, and hold the PlayyOn Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the Site, the App, the Services, or the PlayyOn Content; (iii) any User Generated Content provided through your accounts; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

COMPLIANCE WITH APPLICABLE LAWS

The Site, the App and the Services are based in the United States, and are intended to be used only by residents of the United States. We make no claims concerning whether the Site, the App or the Services may be viewed or be appropriate for use outside of the United States. If you access the Site, the App or the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION

We may terminate these Terms of Use and your access to all or any part of the Site, the App or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site, the App or the Services at any time without prior notice or liability. Upon termination for any reason, your right to access and/or use the Site, the App and/or the Services will immediately cease.

COPYRIGHT COMPLAINTS

If you believe any content available through the Site, the App or the Services infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site and/or the App;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner√ïs behalf.

To contact our Copyright Agent by regular mail, please write to:

To contact our Copyright Agent by email, please write to [email protected] with COPYRIGHT NOTICE in the subject line.

MISCELLANEOUS

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of the State of California. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of California. These Terms of Use contain the entire agreement of the parties concerning the Site and the Content and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site and/or the App.

Questions or comments regarding this Site or this App, including any reports of non-functioning links, should be submitted using our email address [email protected] or via U.S. mail to 1010 Doyle Street, #202, Menlo Park, CA 94025. We try to respond in a timely manner but are not always able to do so.