Welcome to Player Pursuits! This Terms of Service (this “Agreement”) govern the relationship between you and Player Pursuits (hereinafter, “Player Pursuits” “us,” or “we” and the possessive “our”) regarding your use of training management services (collectively the “Service”) that you access through our websites used to facilitate Service (the “Website”) and/or our iOS or other type of application licensed by Player Pursuits for use with Service (the “Application”). Reference to the Service or use of the Service herein means through both the Website and the Application. The Service is owned and operated by Player Pursuits LLC, a Virginia Limited Liability Company. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Service in any manner by, through or under you.
License and Restrictions.
License Grant for Service. Player Pursuits hereby grants you a non-exclusive, non-transferable, revocable limited license solely for the period your Account is active, to access and use the Service through the Website and/or Application, and to install and run one copy of the Application on a single mobile device. You are responsible for obtaining all hardware necessary to run the Application and for any fees, such as internet connection, data, or mobile carrier fees that you incur when accessing the Service. We reserve all rights not expressly granted herein.
Accounts and Access. To use the Service, you must register for an account (an “Account”). Once your Account is registered, you may generally be referred to as “User”. Other users may be referred to generally as “Other Users” and you and Other Users are sometimes collectively referred to as “Users.” Each Account will establish separate sections devoted to a particular field (such areas are “Training Spaces”). Your Account gives you access to the Service and functionality that we establish, maintain and modify from time to time in our sole discretion. We may maintain different types of accounts with different features or functionality for different types of Users. If you open Account on behalf of a company, organization (such as a team) or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement. By connecting to Player Pursuits with a third-party service (such as social media sites), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
Account Information and Management.
Information Provided When Setting Up Account. You are required to provide and maintain current, complete and accurate personal information, which may include (but is not limited to): a username and password (“Login Information”), your name, birth date, e-mail address, and, in some cases, payment information (collectively, with Login Information, your “Account Information”). You may not use a false identity or false information or create an Account on behalf of someone other than yourself. Do not share your Account or Login Information, nor let anyone else access your Account or otherwise jeopardize the security of your Account. If you become aware of, or suspect, any breach of security of your Account, including without limitation any loss, theft or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information. You are solely responsible for all uses of the Login Information. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) incurred by parties using your Account. You agree that we will not be liable for any losses caused by any unauthorized use of your Account. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Minors’ Accounts. You must be at least 13 years old (in the European Union, 16 years old) to open an Account and use the Service. You may, however, set up an Account for your children (“Child Account”); provided that you provide us with a credit card or other proof we reasonably request to comply with the Children’s Online Privacy Protection Act (“COPPA”). Each Account must have its own e-mail address (i.e., your Account and a Child Account will have different e-mail addresses). You agree to comply with all mechanisms we put in place to facilitate compliance with COPPA or to allow confirmation that a Child Account is set up with the proper authority and permission. If you are the sponsor of a group, including a Training Space that includes children under the age of 13 (or for residents of the European Union, 16), you are responsible for complying with COPPA, which includes your obligation to notify parents/guardians of the information to be collected and obtain parent/guardian consent before collecting and sharing with us any personal information of those children. We will use commercially reasonable efforts to encrypt the personal information of children under the age of 13 (or for residents of the European Union, 16) and take reasonable steps to minimize the risk of such information being downloaded. We reserve the right to terminate any Child Account if we determine that requirements to comply with COPPA have not been satisfied.
License and Account Limitations and Prohibitions. You agree that you will not do any of the following with respect to the Service, Website or Application:
Use the Service for any advertising, solicitation, non-personal or commercial purposes, including spam, chain letters, junk e-mail, unsolicited email or repetitive messages.
Engage in any act in conflict with the spirit or intent of this Agreement or the Service, including but not limited to circumventing or manipulating this Agreement;
Use your Account or the Service in connection with or assisting or promoting violation of any law or regulation;
Modify or cause to be modified any files or content used in the Service;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website or Application;
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service (each a “Server”);
Institute, assist or become involved in any attack, including without limitation distribution of a virus or similar attacks upon the Website or Application;
Attempt to gain unauthorized access to the Service, Other User’s Accounts, Servers or networks connected to the Service by any means other than the Website or Application, including but not limited to attempting (or assisting an attempt) to circumvent or modify any security, technology, device or software that is part of the Service;
Post any information (or links to information) that is abusive, threatening, obscene, bullying, demeaning, defamatory, libelous, racially, sexually, or religiously objectionable or that contains nudity, excessive violence or offensive subject matter;
Harass, abuse, harm, or advocate or incite harassment, abuse or harm of another person or group of persons, including our employees or customer service representatives;
Post, distribute or make available through the Service any material or information that infringes any Intellectual Property Rights, right of privacy, right of publicity or other right of any person or entity;
Transmit materials that promote malware, spyware or downloadable items;
Interfere or attempt to interfere with the proper functioning of the Service;
Intercept, examine or observe any proprietary communications protocol used by a User, a Server or the Service, whether using a network analyzer, packet sniffer or other device;
Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service, or harvest or manipulate data;
Use, facilitate, create or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service or (2) any connection using programs, tools or software not expressly approved in writing by us;
Reproduce, distribute, modify, create derivative works of, reverse engineer, decompile, disassemble or otherwise seek to view the source code for, publicly display, publicly perform, republish, download, store or transmit the Application or any of the material on thereon or on the Website, including content protected by our Intellectual Property Rights;
Solicit or attempt to solicit personal information from Other Users or collect, harvest or post anyone’s private information, (whether in text, image or video form), identification documents or financial information;
Upload or transmit (or attempt to upload or to transmit), without our express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
Use any robot, spider, or other automatic device, process or means of access to the Website or Application for any purpose, including monitoring or copying any material on the Website or Application;
Impersonate anyone, including us or any employee, commit fraud, or attempt to hide your identity;
rent, lease, sell, trade, gift, bequeath, license, sublicense, distribute, time-share or otherwise transfer your Account or any copy of the Application without our prior written consent (any such attempt to transfer is void);
reproduce, distribute or publicly display any content you access through the Service that is not clearly marked “public” or use any content other than in compliance with any applicable restrictions or other instructions; or
remove, disable or delete copyright or other proprietary notices on the Website or Application.
Suspension and Termination of Account and Service:
Failure to Comply. Without limiting any of our other rights or remedies, we may limit, suspend, terminate, modify or delete accounts or access to the Service or portions thereof if you are, or we suspect that you are, not complying with this Agreement, for any actual or suspected illegal or improper use of the Service, creating risk or possible legal liabilities, or infringing our Intellectual Property Rights or those of third parties, with or without notice to you. In those cases, you could lose your access to the Service, user name, and any benefits, privileges, earned items and purchased items associated with your account or use of the Service and we are under no obligation to compensate you for any such losses or results.
Right to Cease Service. We reserve the right to stop offering and/or supporting the Service or any part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.
User Content Generally. “User Content” means any communications, videos, images, sounds and all the material, data and information that you upload or transmit through the Service, or that Other Users upload or transmit, including without limitation any Comments (defined below). The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, copy and/or share your User Content in accordance with your settings and this Agreement. You are solely responsible for obtaining all consents as may be required by law to collect or submit any User Content (including without limitation any personally identifiable information such as biographical information) relating to third parties.
Restrictions. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person, animal, or property; (ii) seeks to or is reasonably anticipated to harm or exploit children (such as by exposing them to inappropriate content or asking for personally identifiable information); (iii) contains any information or content that we deem to be unlawful (including, without limitation, disclosure of insider information under securities law), tortious (including, without limitation, disclosure of trade secrets or confidential information of others), harmful, abusive, offensive, defamatory, infringing, invasive of personal privacy or publicity rights, abusive, harassing, humiliating, libelous, threatening, profane, or discriminatory (based on gender, religion, race, nationality, disability sexual orientation, or age); (iv) contains any information or content that you do not have a right to make available; (v) contains any information or content that you know is not correct and current (vi) contains any information or content that violates any team, league, or other applicable policy; or (viii) contains information or content that violates third-party Intellectual Property Rights or privacy rights.
Licenses to User Content. Except as specifically provided herein, you hereby grant us a perpetual, irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, sublicensable, assignable, unlimited license and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, perform, make accessible, broadcast, display, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof and your name, voice, and/or likeness as contained in your User Content in any form, media, or technology, whether or not now known or hereafter developed. To the extent permitted by applicable laws, you hereby waive any moral rights or any of your rights of publicity or privacy you may have in any User Content. The licenses you grant us to use User Content ends when your User Content is deleted, or your Account is closed, unless your User Content has been shared with others and they have not deleted it. However, you understand and accept that removed User Content may persist in back-up copies for a reasonable period and any Public User Content (as defined below) may continue to be displayed by others.
User Content: Public vs. Private. For any User Content you contribute that you mark as “private” (such User Content is “Private User Content”), we will indicate to others viewing Private User Content that you have marked it as “private” and will place a statement alongside such Private User Content that such Private User Content may not be distributed or publicly displayed. We consider all other User Content you contribute, “public” (“Public User Content”) and you agree that, with respect to your Public User Content: (a) you forever waive your rights to seek to prohibit Other Users from reproducing, distributing or publicly displaying copies of Public User Content; (b) you grant to Other Users the perpetual, irrevocable right to reproduce, distribute or publicly display copies of Public User Content; and (c) you grant to us the perpetual, irrevocable right to grant to Other Users the right to reproduce, distribute or publicly display copies of your Public User Content. The Service allows you to change the status of any particular User Content from “private” to “public”, but you understand and acknowledge that Other Users who obtained a copy of User Content when it was Public User Content will continue to be able to use Public User Content. You acknowledge that Other User’s Content that was once “public” can also be made “private” meaning that you would no longer have access to that content.
User Content Access and General Content Access. Once your Account is terminated or your rights to use the Service are terminated, you will not be given any rights to view or access any content, including User Content you contributed that was viewable through your Account.
Consent to Monitoring. We assume no responsibility for the conduct of any user submitting any User Content nor for monitoring the Service for inappropriate content or conduct. We do not pre-screen or monitor User Content, but we reserve the right to do so at our discretion, including, without limitation recording your interaction with the Service or communications (such as chat text). You hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
Options Regarding User Content. We may reject, refuse to post, take down or delete any User Content for any or no reason, including, but not limited to User Content that in our sole judgment violates this Agreement or another person’s Intellectual Property Rights or rights to privacy. We reserve the right to disclose your identity or other information about you to any third party who claims that User Content that you post violates their rights, including their Intellectual Property Rights or rights to privacy. We also reserve the right to limit User Content in our sole discretion, based upon the amount of storage capacity available or allocated for User Content.
Cooperation with Law Enforcement. We have the right to cooperate fully with any law enforcement authorities, subpoena, administrative proceeding, inquiry of regulatory agency, court order or other legal proceeding (collectively, a “Proceeding”) requesting or directing us to disclose User Content and the identity or other information of anyone posting any materials on or through the Website or Application or using the Service. We reserve the right to take all appropriate legal action, including referral to law enforcement agencies, for any violation of this Agreement or conduct we deem could be illegal or the subject of any such Proceeding. You acknowledge and agree that we have these rights, do not have an expectation of privacy regarding these rights and waive any claims against and hold us harmless from any claims resulting from any action taken by us in the exercise of those rights.
Exposure to Other User’s Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, unsuited to your purposes, or that you find offensive or disagree with, and you agree that we shall not be liable for any damages you allege to incur as a result thereof. You understand that Other Users are solely responsible for their data practices and their use or distribution of their User Content. All statements and/or opinions, information and content provided by Other Users are strictly the Other User’s Content and are not content provided by us or our affiliates and are the sole responsibility of the Other Users that post such Content. We do not endorse or express any opinion whatsoever regarding Other User’s Content.
Player Pursuits Content. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, the Website, the Application and their entire components, parts, contents, features, functionality, software, images, text, displays, techniques, technology, data, images, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (collectively, the “Player Pursuits Content“), and all Intellectual Property Rights related thereto, are the exclusive property (and constitute Intellectual Property Rights) of Player Pursuits and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to claim any interest in, right to, or sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Player Pursuits Content. Use of the Player Pursuits Content for any purpose not expressly permitted by this Agreement is strictly prohibited. As used in this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Comments on Training Spaces of Other Users.
Comments. The Service may include various forums, blogs, tagging and chat features where you can post your observations and comments about User Content on Other Users Training Spaces (such observations and comments are “Comments”).
Other Users Actions Towards Comments. We cannot guarantee that Other Users will not use the ideas and information that you share within Comments or any User Content you post. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it. We have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit. WE ARE NOT RESPONSIBLE FOR AN OTHER USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, AND YOU AGREE NOT TO BRING ANY CLAIMS AGAINST US FOR THE ACTIONS OF OTHER USERS REGARDING COMMENTS OR USER CONTENT THEY POST.
User Interactions. You are solely responsible for your interactions with Other Users. If you have a dispute with Other Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Fees and Purchase Terms. Certain aspects of the Service may be provided for fees. If you elect to use paid aspects of the Service, that use is subject to this Agreement and the specific terms included in any order form, statement of work, or the like (if applicable) to which you indicate your acceptance (including by making related payments). You agree to pay all fees and applicable taxes, if any, incurred by you or anyone using your Account. We reserve the right in the future to charge fees for any parts of the Service that may have previously been offered without a fee and to offer premium services that may require additional fees. We may revise pricing for the goods and services at any time. You acknowledge that we are not required to provide a refund for any reason, and that you are not entitled to receive money or other compensation for unused products and services when an account is closed, regardless of the reason the account was closed.
Mobile Software/Application. The Application makes the Service available through a mobile device. To use the Application, you must have a compatible mobile device. We make no warranty or representation about the compatibility of your device. As stated Section 1 of this Agreement, we have granted to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Application for one Account on a mobile device for your personal use. We retain all ownership, right, title and interest in and to the Application (and any copy of the Application), except for the specific licenses granted hereby. We may from time to time issue upgraded versions of the Application and may automatically electronically upgrade the Application on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by any applicable open source or third-party license EULA, authorizing use of such code (if any).
Third Party Advertising.
Copyright Notices; Complaints. Our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please see our Copyright Policy by clicking here. We reserve the right to terminate without notice any User’s access to the Service if we determine that user is a “repeat infringer.” In addition, we do not interfere with standard technical measures used by copyright owners to protect their materials.
Updates to the Service and Application. You understand that the Service undergoes frequent changes. We may require that you accept updates to the Service or to the Application in order to continue using the Service or Application. The Service may not be fully functional if you use a version of the Application other than the latest version of the Application and upon our request, you agree to cease use of an older version of the Application.
Disclaimer; Limitations; Waivers on Liability; Indemnification.
Disclaimer of Warranties.
SERVICE PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, FROM USER CONTENT, OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, RELIABLE OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
NO WARRANTY REGARDING ACCESS TO ACCOUNTS, CONTENT AND TRAINING SPACES. THE SERVICE IS CURRENTLY DESIGNED SO THAT CERTAIN USERS CAN ONLY ACCESS CERTAIN INFORMATION OF OTHER USERS AND CERTAIN TRAINING SPACES DEPENDING UPON PERMISSIONS GRANTED BY USERS. WE DO NOT GUARANTEE THAT ANY INDIVIDUAL OR USER WILL ALWAYS BE PREVENTED FROM VIEWING INFORMATION OR CONTENT THAT THE SERVICE INTENDED TO NOT BE AVAILABLE TO USER. WE DO NOT WARRANT THAT ALL CONTENT OR INFORMATION POSTED BY A USER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. WE DO NOT WARRANT THAT THE SERVICE, USER INFORMATION, USER CONTENT OR ANY INFORMATION POSTED BY A USER WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitations; Waivers of Liability.
DISCLAIMER OF INDIRECT DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE). UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM OR IF NONE, THEN YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PLAYER PURSUITS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY RESULTING FROM USE OF THE SERVICE OR EXTERNAL SITES RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
The Service is controlled and operated from facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States. The Application originates in the United States and is subject to United States export laws and regulations and may also be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Application and the Service.
Indemnification. You agree to defend, indemnify, save, and hold us harmless from and against any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of this Agreement the representations, warranties and covenants made by you herein, or any applicable law, rule or regulation; any of your User Content or any that is submitted via your Account; or any access and use of the Service with or through your Login Information. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account or of the Service.
Choice of Law. Any and all disputes arising out of or in any way connected with this Agreement, the Website, the Application or the Service, whether sounding in contract, tort, strict liability or otherwise (a “Dispute”), shall be governed by the laws of the State of Colorado, without giving effect to conflicts of laws principles that would require or permit application of laws of any State other than the State of Colorado.
Dispute Resolution. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
General. You and we agree that we will resolve any Dispute shall be finally resolved by arbitration as set forth below. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. You and we agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 9, and not litigate any dispute in court. If you or we file an action in a court or tribunal other than arbitration, the party filing such action will cause it to be dismissed immediately. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so to us within 60 days of the execution of the Agreement.
CLASS ACTION WAIVER. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION, OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Initiation of Arbitration Proceeding; Selection of Arbitrator. The party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 9 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the Service concerns interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. The AAA rules are available at www.adr.org. The proceedings shall take place before a single arbitrator selected by the parties, but if the parties cannot agree on an arbitrator, then a single arbitrator selected by the arbitration organization providing the arbitrator. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. All proceedings in the arbitration and all materials, evidence and other information disclosed or used in the arbitration shall be held strictly confidential. The fees of the arbitrator shall be borne equally by the parties. Evidentiary rules of the arbitration tribunal shall govern issues or questions relating to evidence in the arbitration proceeding. You and we agree to limit discovery in any such arbitration to a degree and amount that is consistent with the nature of the case and the value of the claims at issue.
Location of Arbitration. You or we may initiate arbitration in either Denver County, Colorado or the county in which you reside. If you select the county of your residence, we may transfer the arbitration to Denver County, Colorado but we will pay any additional fees or costs directly attributable to such change in location, as determined by the arbitrator.
Jury Trial Waiver. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PLAYER PURSUITS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY
Supplemental Policies. We may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and this Agreement.
Player Pursuits LLC
Attn: Terms Administrator
1308 Vincent Place
McLean, VA 22101 USA
We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Website and Application, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. When we change this Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page.
Equitable Remedies. You acknowledge that the rights granted, and obligations made under this Agreement are of a unique and irreplaceable nature, the loss of which shall irreparably harm us, and which cannot be replaced by monetary damages alone, so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation or exploitation of the Service or any advertising, content or other materials displayed or issued through or in connection with the Service.
Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond our control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.
Survival. This Sections 8, 9 and 10 shall survive any termination of this Agreement.
TYPES OF INFORMATION WE COLLECT
Throughout your use of our Service, we collect Personal Information about you. The term “Personal Information” means any information about you that makes you identifiable, which includes, but is not limited to the following:
When you open your Account (and through your use of the Service), we collect the following Personal Information.
Your account login information,
Your email address,
Your contact preferences,
Your passwords and other online identifiers.
Your credit card information (if applicable, for example, if you purchase paid subscriptions of services or as is necessary to assist us in determining whether appropriate consents from parents or guardians have been obtained).
Your telephone numbers.
Your address and zip code.
Data identifying your location.
Other information, that does not constitute Personal Information, but may, in the course of your use of our Service, be collected, includes:
Information concerning your team, invitees to your training spaces and related demographic or identifying information.
Behavioral or demographic attributes.
Your biometric data (including photos).
Transactional data based on past purchase behavior.
Data from marketing opt-in lists, consumer surveys or publicly available information.
Unique Id’s, such as cookies placed on a computer or device.
Internet Protocol address (“IP Address”) and information derived from IP addresses.
Information derived from the mobile device being used, such as GPS, and location services,
Behavioral data regarding your device or website usage, such as advertisements clicked, websites and content areas accessed, search histories and activities logs.
Any “User Content” that you post, own or control.
Finally, a subset of Personal Information includes information specially designated as “Sensitive Personal Information” requires special handling. We do not ask for or intentionally collect Sensitive Personal Information, but we recognize that we may come into contact with such information, if, for example you provide it to us through your posts, uploads or User Content. To the extent we come across Sensitive Personal Information, we do not use or store it. “Sensitive Personal Information” includes: Your medical condition, political and religious beliefs, and sexual orientation.
WHO WILL COLLECT AND PROCESS PERSONAL INFORMATION
Decisions regarding collection of Personal Information are made by the “Data Controller”. A “Data Controller” is the person or organization who decides the purposes for which and the way in which Personal Information is collected and processed. A “Data Processor” is a person or organization that processes personal data (including Personal Information) for the Data Controller. Data Processing includes collection, recording, organizing, structuring, storing, adapting, altering, retrieving, using, disclosing, transmitting, disseminating, combining, restricting, erasing or destroying data. Our Data Controller and Data Processor is PLAYER PURSUITS, LLC. You can contact them at PLAYER PURSUITS, LLC (the owner of Player Pursuits), 1308 Vincent Place, McLean, VA 22101 or by email at: email@example.com
HOW WE COLLECT PERSONAL INFORMATION
We collect information from you in the following ways:
Usage Information. Some Personal Information is collected when you provide it to us. For example, when you create an Account, you may provide your name, password, email address, phone number and birthdate. You also provide information when you log in to your account or when you fill in forms, respond to surveys or provide feedback. We may also ask you to provide us with some additional information that will be publicly visible on our services, such as profile pictures, avatars, a name, or other useful identifying information. You may also provide us with credit or debit card and its associated account information.
Our Website uses “Cookies” which are text files on your computer that help identify you and collect internet log information and visitor behavior. Cookies allow us, among other things, to measure activity and personalize your experience, and may also allow us to remember your viewing preferences and create statistical reports on website activity. You may choose to set your browser to reject cookies or manually delete individual or all the cookies on your computer. We also provide you the option to accept or reject Cookies when you visit our website. However, if you reject of delete cookies, it may impact your ability to use certain features of our Website. Please see our Cookies Policy. You may learn more about cookies at www.allaboutcookies.org.
Web Server Logs. Web server logs are activity records created when you visit web pages, such as search terms you enter, device information and identifiers, information about your browser, IP address, cookies on your browser, access times, and pages viewed.
Web Beacons. Web Beacons are electronic files that allow us to recognize and count users who have visited the Website and can be used in HTML-formatted emails to determine responses and response rates to our communications (for example, by clicking a link in an email).
Third-Party Data Sources. We may also receive marketing information from third parties that include information collected from online and offline sources. This could include advertisements or application update notices. We may collect information that other users provide about you when they use our services. For example, if another user allows us to collect information from their device phonebook—and you’re one of that user’s contacts—that may be combined with other information we have collected about you.
Device Information and Location Information.We collect information from and about the devices you use, such as your location, your hardware and software, operating system, device memory, advertising identifiers, unique application identifiers, apps installed, browser type, language, time zone; information from device sensors (such as accelerometers, gyroscopes, compasses, microphones, and wireless and mobile network information, such as mobile phone number, service provider, and signal strength). We may ask for permission to collect images and other information from your device’s camera and photos.
Social Networking Sites. If you log into your account using shared sign-in services, such as Facebook or Google, you authorize us to access certain information about you from that social networking site, such as your user profile, friend list and profile picture.
HOW WE USE PERSONAL INFORMATION WE COLLECT
We take your privacy seriously and only use your Personal Information to provide our Services to you, subject to applicable data protection laws.
Lawful Reason for Collecting Information. The lawful reasons for collecting and processing your information are: (1) because you have entered into a contract for us to supply goods and services to you; (2) we have a legitimate interest in using your information (for example, to provide and improve our services, customer support and show you advertisements we think you’ll find interesting,) but we only rely on this legitimate interest reason when we think our use of your information doesn’t significantly impact your privacy or there is a compelling reason to do so; and (3) to comply with applicable law.
Uses of Information.You agree that we are entitled to obtain, use, and process the Personal Information and other information you provide to us to enable us to discharge the Services and for other related purposes, including:
To create your account, provide you with convenient and personalized access to your account, and deliver and support the Service (including through our website and Application).
Updating and enhancing our records
Analysis for management purposes
Carrying out credit checks, background checks and crime and fraud prevention
Legal and regulatory compliance
Develop, operate, improve, and enhance the safety or performance of our products and services.
Send you communications, including by email, such as product announcements and marketing materials for special offers, and software updates
Respond to your requests for assistance.
Personalize our Services.
Provide and improve ad targeting and measurement.
Enforce our Terms of Service, legal and contractual obligations, and other policies.
We may analyze your Personal Information to create a profile of your interests and preferences so that we can contact you with products and service information that we think may be of interest to you, to complete or process transactions and to send you confirmations and receipts, to inform you of updates, monitor usage and performance of the Website and Application, and enhance the Website and Application for better user experiences.
User Content. The Service allows you to supply or post “User Content,” which means communications, videos, images, sounds and all the material, data and information that you upload or transmit through the Service, or that Other Users upload or transmit, including comments you may make about their content. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, copy and/or share your User Content. We have the right (but not the obligation) in our sole discretion to remove any User Content. Once your Account is terminated or your rights to use the Service are terminated, you will not be given any rights to view or access any User Content and there may be no way to delete or retrieve User Content once it has been shared.
HOW WE SHARE INFORMATION
With Other Users.We may share your username, name, Bitmoji, avatars, and profile picture and your User Content as well as any additional information you have authorized us to share with other users of our Service. How widely your User Content is shared depends on your settings and the way you designate your User Content. For example, you can control the scope of distribution of your User Content by designating it as “public” or “private”.
With Our Affiliates.We may share information with other entities within the Player Pursuits family of companies.
With Third Parties.We may share your information with the following third parties:
With service providers.We may share information about you with our employees, contractors and third-party service providers who have a need to access this information to assist us in providing the Service or who perform services on our behalf.
With business partners.We may share information about you with business partners that provide services and functionality and these third-parties only use your personal information as we direct them. Our Services may also contain third-party links and search results, include third-party integrations, or offer a co-branded or third-party-branded services. Through these links, third-party integrations, and co-branded or third-party-branded services, you may be providing information (including personal information) directly to the third party, us, or both.
With third parties as part of a merger or acquisition.If we become involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.
With Third Parties for Legal Reasons.We may share information about you if we reasonably believe that disclosing the information is needed to (a) comply with any valid legal process, governmental request, or applicable law, rule, or regulation; (b) investigate, remedy, or enforce potential Terms of Service violations; (c) protect the rights, property, and safety of us, our users, or others; (d) detect and resolve any fraud or security concerns; or (e) respond to claims by third parties that your User Content violates their rights.We reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone. We reserve the right to take any and all appropriate legal action, including referral to law enforcement agencies. You waive and hold us and our affiliates, licensees, licensors and service providers harmless from any claims resulting from any action taken by any of them during, or because of investigations or legal process.
You acknowledge and agree that when your information is shared with third parties, we are not responsible for how those third parties collect or use your information. We encourage you to review the privacy policies of every third-party service that you visit or use, including those third parties you interact with through our services.
HOW WE PROTECT YOUR INFORMATION
We use a combination of technical tools and security procedures to safeguard your information from unauthorized access. Our computer systems utilize industry standard security measures designed to prevent unauthorized access. We also have internal policies in place designed to minimize the risk of unauthorized access to your information. While we follow reasonable procedures within our possession, no security system is perfect, and we cannot promise, and you shall not expect, that your Personal Information will remain secure in all circumstances. Sensitive Personal Information (such as credit card or debit card details) is encrypted and protected with 128 Bit encryption on SSL. Non-sensitive Personal Information are sent normally over the Internet, and this can never be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us and you do so at your own risk. You are responsible for keeping your passwords confidential and not sharing them with anyone.
HOW LONG WE KEEP YOUR INFORMATION
We store your Personal Information until you ask us to delete it or you terminate your Account with us. We store other information for various lengths of time based on how precise it is and which services you use. If you decide to stop using Player Pursuits, you can ask us to delete your Account and the Personal Information collected as part of your Account (Please see “Deletion of Account Information” below).
HOW YOU CAN CONTROL USE OF YOUR INFORMATION
There are many ways that you can exercise control over the collection, processing and use of your information, including the following.
Right to Consent/Revoke Consent.In some cases, we’ll ask for consent to use your information for specific purposes. Even if you provide consent, you can revoke your consent later. If you let us use your information, you can always change your mind and simply revoke your permission by changing the settings on your device if your device offers those options or by contacting us. You have the right to opt-out of: (1) direct marketing communications; (2) automated decision-making and/or profiling; (3) our collection of sensitive personal information; (4) new processing of your personal data beyond our original purpose; and (5) transfer of your personal information outside of the European Union. Please note that if you opt-out of these, it could impact the usability of our Services.
Right to Corrections/Inaccuracies.You may contact us to ask us to correct or remove any information that you think is inaccurate.
Right to Object. You have the right to object to the collection or processing or use of your Personal Information. With many types of data, you can simply delete it if you don’t want us processing it anymore. If there are other types of information you don’t agree with us processing, you can contact us.
Right to Data Portability. You have the right to download or receive a copy of the Personal Information that you have given us, in a portable format and you have the right to move it to other providers. We may ask you to verify your identity or provide additional information before we let you access or update your Personal Information. We may also limit or restrict access or update your personal information for several reasons, including, for example, that the request risks the privacy of other users or your request is restricted by applicable law. Please note that that Player Pursuits is not required to give you access to or copies of any User Content that you submitted.
Right to be Forgotten/ Deletion of Account Information. In many situations, you have the right to have your Personal Information permanently deleted. Upon termination of your Account, or upon your written request if your Account has not been terminated, we will delete or destroy your Personal Information if you request that in writing. Keep in mind however, that, while our systems are designed to carry out our deletion practices promptly, we cannot promise that deletion will occur within a specific timeframe and the deletion process could occur over several months. Further, there may be legal requirements to store your data and we may need to suspend those deletion practices if we receive valid legal process asking us to preserve content or if otherwise necessary to comply with law or legal process. To the extent that data or information about you does not constitute Personal Information (including, for example, your User Content), it may not be feasible to delete or destroy such data, and in such cases, that data will be made “anonymous” such that the historical information, content, logs and related information is not personally identifiable. Further, please understand that once Personal Information is deleted or destroyed, it cannot be retrieved and if you chose to re-subscribe, you will have to provide the information again. Finally, please understand that any Personal Information that you have shared, posted or made available (such as your User Content), is not within our control and unable to be deleted from sources with which it was shared nor control what the possessor of that information does with it.
Right to Complain. If you are a citizen of the EU, you have the right to lodge a complaint with the relevant supervisory authority if you feel your Personal Information has been processed in a way that does meet the requirements of the General Data Protection Regulation (GDPR).
Right to Unsubscribe. If you decide that you do not want to receive commercial emails from us, you can “opt-out” from receiving such emails by clicking the “unsubscribe” link provided at the bottom of every commercial email. Please note that if you choose to “unsubscribe” or “opt -out”, we will still send you email relating to products or services that you purchased from us, any communication you have sent to us or other relationship that you have with us.
Right to List/Notice to California Residents.Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shares, along with their names and addresses. Whether or not you are a resident of California, if you would like a copy of this notice, please submit a written request to us at the address listed above.
Contacting Us.To exercise any of these rights or to contact us for any reason regarding your information, you can contact us at the following address or telephone number:
Address: 1308 Vincent Place, Suite 200, McLean, VA. 22101
You must be 16 years of age or older to open an Account and use the Service. You may, however, set up an Account for your children (“Child Account”); provided that you provide us with a credit card or other proof we reasonably request to comply with the Children’s Online Privacy Protection Act (“COPPA”). All Accounts that you set up must have its own e-mail address (i.e., your Account and a Child Account will have different e-mail addresses associated with each Account). You agree to comply with all mechanisms we put in place intended to facilitate compliance with COPPA or intended to allow us to confirm that a Child Account is set up with the authority and permission of a parent. If you are the sponsor of a group, you are responsible for complying with COPPA, which includes your obligation to notify parents/guardians of the information to be collected and obtain parent/guardian consent before collecting and sharing with us any Personal Information of children under the age of 13. We will use commercially reasonable efforts to encrypt the Personal Information of children under the age of 16 and take reasonable steps to minimize the risk of such information being downloaded. We reserve the right to terminate any Child Account if we determine that requirements to comply with COPPA have not been satisfied.
Player Pursuits is under application for a registered trademark owned by PLAYER PURSUITS, LLC. All products and services offered by Player Pursuits are provided solely by PLAYER PURSUITS, LLC or its agents and affiliates.