‍Last Modified: December 19, 2024

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Playpro Co.  ("Playpro” "we," or "us") offers a proprietary digital platform (“Playpro Platform”) to manage and organize sports activities and facility reservations. The Playpro Platform may be accessed through our website or our mobile app. The Playpro Platform may be used and accessed by: (a) sports facility administrators; and/or (b) sports facility users. 

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For purposes of these Terms of Service (as defined below), the term “sports facility users” refers to Playpro Platform user account holders who are either: (i) participants in sports leagues/organizations who are eighteen (18) years of age or older; (ii) the parents or legal guardians (collectively, “Parents”) of sports participants under eighteen (18) years of age; or (iii) participants in sports organizations who are between the ages of thirteen (13) and eighteen (18) years of age (“Teen Users”) and have been specifically authorized by the applicable sports sponsor or league administrator, as well as one of their respective Parents, to access the Services (as defined below). The term “sports facility administrators” refers to Playpro Platform user account holders who operate sports facilities and their employees or other representatives. The terms “user,” “users,” “you,” or “your” refer to all persons who access or use the Site, the App and/or the Playpro Platform, including sports facility users, sports facility administrators, third party sports leagues and sponsors  as well as those individuals browsing the Site.

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For the avoidance of doubt, the term “Services” as used in these Terms of Service refers only to the services offered through the Playpro Platform and related content. We do not own or operate any sports facility, manage a sports league or provide any sports activities. Our Services are exclusively for account management and to provide a digital platform to enable users to manage and organize sports activities and reservations through the Playpro Platform.

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Acceptance of Terms of Service

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These Terms of Service are a binding legal contract entered into by and between you and Playpro. The following terms and conditions, together with any documents they expressly incorporate by reference or otherwise deemed a part hereof (collectively, "Terms of Service") govern your access to and use of the Playpro Platform through our website https://www.playpro.app/ (the “Site”), including any content, functionality, and services offered on or through our Site and our mobile app (the “App”). 

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Please read the Terms of Service carefully before you start to use the Playpro Platform. 

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BY ACCESSING OR USING THE PLAYPRO PLATFORM, CREATING AN ACCOUNT, PROVIDING INFORMATION TO US IN CONNECTION WITH THE SITE OR APP OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE, OUR PRIVACY POLICY (AS DEFINED BELOW) AND ANY ADDITIONAL TERMS OR POLICIES THAT ARE REFERENCED HEREIN OR THAT OTHERWISE MAY APPLY TO SPECIFIC FEATURES OF THE PLATFORM ALL OF WHICH ARE DEEMED PART OF THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE PLAYPRO PLATFORM. 

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Teen Users are subject to specific terms and conditions included herein and in our Privacy Policy. Parents are solely responsible for the use of the Playpro Platform and the Services by their authorized Teen Users.

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If you are entering into these Terms of Service on behalf of an organization or entity, you represent that you have the authority to bind that organization/entity to these Terms of Service, in which case the terms “you” or “your” shall refer to the applicable organization/entity. If you do not have such authority, you may not access or use the Playpro Platform.

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THESE TERMS OF SERVICE  CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST PLAYPRO, AS WELL AS ITS PARENT, SUBSIDIARIES AND RELATED PARTIES AND MARKETING PARTNERS, WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

The access to and use of the Services by a sports facility administrator may be subject to supplemental terms agreed to directly with Playpro that alter or modify these Terms of Service.

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Sports facility users use of the Services may be subject to the terms and/or policies of the third party league administrator through whom the Playpro Platform is made available (“Member Website”). Playpro is not responsible or liable for the practices of individuals, organizations and/or entities, including sports facility administrators or sports league users, that Playpro does not own or control or individuals that Playpro does not employ or manage. If sports facility users have any questions regarding whether any additional policies or agreements apply to their use of the Services, please contact your sports league administrator directly.

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SPORTS INJURY OR FACILITY PROPERTY DAMAGE

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Playpro has no liability relating to the use of any sports facility by any person, including but not limited to personal injury or property damage, either to sports facility users or administrators. Playpro is only an administrative and marketing platform. 

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IMPORTANT NOTICE ON OPEN ACTIVITIES 

We have no liability to users participating in our open activities. We do not screen or approve event creators or participants. We do not do background checks for example. Users participate in open activities at their own risk. We advise users to exercise caution and diligence relating to safety issues when participating in open activities. We provide administrative services only.

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Changes to these Terms of Service

Playpro reserves the right to update change, modify, add, or delete portions of these Terms of Service at any time, in its sole discretion, without further notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. If we do this, we will post the changes to these Terms of Service on the home page of our Playpro Platform and will indicate at the bottom of the home page of the Playpro Platform the date that these Terms of Service were last revised (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Your continued access to and use of the Playpro Platform or the Services after any such changes constitutes your acceptance of and agreement to be bound by the new Terms of Service. If you do not accept and agree to abide by these or any future Terms of Service, you may not use or access (or continue to use or access) the Playpro Platform or the Services. It is your responsibility to regularly check the Site and App, as applicable, to determine if there have been changes to these Terms of Service, as applicable, and to review such changes.

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Privacy and Data Security

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The collection, use, maintenance, disclosure and disposal of your personally identifiable information, including the collection and use of your Member Content, through the Playpro Platform and provision of the Services is governed by our Privacy Policy (the “Privacy Policy”), which can be found at https://www.playpro.app/utility-pages/privacy-policy. Our Privacy Policy is expressly incorporated into and made a part of these Terms of Service by reference.

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Children’s Data Privacy

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The Children’s Online Privacy and Protection Act requires that online service providers obtain clear and verifiable parental consent before receiving personal information from children under 13. Our Service is not directed to children under 13. If you are a sports facility administrator, Parent, or other user, you certify you will not permit or request that children under 13 submit information to the Playpro Platform or Service directly. We recommend that sports facility administrators, sports leagues and sponsors provide a copy of our Privacy Policy to Parents of any children whose information the sports facility administrator may submit to the Playpro Platform.

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Description of Service

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Playpro offers a proprietary digital platform that enables sports facility administrators to use digital sports management functionality and communicate with their sports facility user members and other interested parties. We may also partner with third party sports leagues, organizations, or businesses to offer sports facility users and sports facility administrators unique events, opportunities, products or services. 

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Registration and Member Accounts 

1. Registration. To take full advantage of all the functions and features of the Services, you must create a member account (“Member Account”) as either a sports facility administrator or sports facility user. While creating a Member Account, we may ask you to provide the following information: (i) name; (ii) email address; (iii) phone number; (iv) organization name (where the registrant is a sports facility administrator); (v) role in organization (where the registrant is a sports facility administrator); (vi) position played in the applicable sport (where the registrant is a sports facility user); (vii) number of players (where the registrant is a sports facility administrator); (viii) organization website (where the registrant is a sports facility administrator); (ix) organization zip code (where the registrant is a sports facility administrator); and (x) the name and e-mail address of the applicable Teen User where you are a Parent authorizing your child to access and use the Services. We reserve the right to actively monitor access to the Playpro Platform and may, in our sole discretion, immediately revoke the rights granted herein, remove access to the Playpro Platform and terminate the Member Account of any person who we determine or reasonably believe has violated or is violating these Terms of Service, or has permitted or is permitting any other person to do so
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3. Accurate Information. You agree that all information you provide to register a Member Account with, use the Services or otherwise is correct, current and complete and is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. By creating a Member Account, you represent and warrant to Playpro that all of the information you provide during the registration process is true and correct. We reserve the right to refuse or terminate your Member Account or your use of the Playpro Platform if we determine that you have not provided complete and accurate information. You are responsible for keeping your information up to date so it is complete and accurate.
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5. Eligibility. You must be eighteen (18) years of age or older to create a Member Account. Only Parents may: (i) authorize Teen Users to create Teen User Member Accounts for individuals under the age of eighteen (18) (but older than thirteen (13)); and/or (ii) submit information about Teen Users under the age of eighteen (18) (but older than thirteen (13)).  If you are not eligible then you may not register a Member Account.
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7. Representations.  To the extent that you provide any information, including, but not limited to, personal information or information related to any sports facility administrator or sports facility user (including any Teen User), to Playpro or its representatives, or access or seek access to any such information through the Services, you represent, warrant and covenant that: (a) you are providing or accessing only your own information or the information of others whose information you are authorized to provide to third parties, and you have all required consents and permissions required to share such information with Playpro; (b) where you are a Parent authorizing your child to access and use the Services as a Teen User, that you are authorized to provide the Teen User information to third parties, and you have all required consents and permissions required to share such information with Playpro; (c) the use of such information by Playpro and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties, or violate any applicable law, rule or regulation; (d) you meet the eligibility requirements in these Terms of Service; (e) you will comply with these Terms of Service; (f) you will comply with all applicable laws, rules and regulations in connection with using our Services; and (g) you will not provide any information or otherwise access and/or use the Services in a manner that is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that jeopardizes the security of your account in any way.
8. Account Security. If you choose, or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you may only disclose your username (but not password) to your applicable sports organization. You acknowledge and agree that, except with respect to your organization, your Member Account is personal to you and you will not provide any other person with access to the Services using your Member Account, username, password or other security information; provided, however, that Parents may access the Member Account of their Teen User(s). You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your Member Account. You agree to immediately notify us of any unauthorized access to or use of your username or password or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision. 
9. User Responsibilities. You represent, covenant, and warrant that you will use the Playpro Platform only in compliance with our standard published policies then in effect and all applicable laws and regulations 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 Playpro or using a standard web browser. Using automated tools to access, upload or download content is not permitted.
10. Parental Consent. If you are the Parent of a Teen User and create a Member Account for your Teen User, you hereby expressly consent and authorize Playpro to collect, use, maintain and process the personally identifiable information of your Teen User as needed in connection with the provisioning and use of the Playpro Platform and to provide access to such information by sports facility administrator users and, where applicable, other third parties, in order to provide the Services and you further expressly consent to your Teen User’s access to and use of the Playpro Platform and Services. You acknowledge and agree that you are solely responsible for your Teen User’s access to and use of the Playpro Platform and Services including any Member Content created or shares by your Teen User.
11. Electronic Communications. By creating a Member Account to access and use the Playpro Platform, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. You also consent to receiving communications from other users in connection with the Services provided through the Playpro Platform.

 Member Account Ownership Policy

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We are not responsible or liable for any Member Account ownership disputes that may arise with respect to Member Accounts. In the event of a dispute regarding Member Account ownership, our policy is to not make any changes to Member Account ownership unless and until we are able to reasonably determine the rightful Member Account owner. As such, we reserve the right to request documentation to determine or confirm Member Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, payment information related to the Member Account, and other verifiable documentation. Playpro reserves the right, in its sole discretion, to, at any time, determine the rightful owner of Member Accounts and transfer any Member Account to its rightful owner. Our determination of Member Account ownership will be final and binding on the parties involved in the dispute. If we are unable to reach a determination of Member Account ownership, we may terminate the subject Member Account.

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You acknowledge and accept the foregoing Member Account ownership policy, agree not to bring any claim in the form of a lawsuit or otherwise against Playpro arising out of such policy and our Member Account ownership determination, agree immediately to dismiss any claim so brought, and hereby agree to indemnify and release Playpro from all liability and all claims for damages or any other liability whatsoever that may arise out of such policy.

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Termination/Cancellation of Member Account 

Either Playpro or you may terminate or cancel your Member Account at any time with or without notice. You understand and agree that cancellation of your Member Account is your sole right and remedy with respect to any dispute with Playpro.

In the event that you decide to terminate or cancel your Member Account, you may be able to use available Playpro tools to export all of your data and information under certain circumstances. You are solely responsible for exporting all of your data and Member Content. We will delete all account data pursuant to our Privacy Policy.

Any and all provisions of these Terms of Service that would reasonably be expected to be performed after the termination or expiration of these Terms of Service shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to intellectual property, indemnification, limitation of liability, release and governing law.

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Payment and Fees

1. Service Fees. You acknowledge that Playpro 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 sole discretion. The fees can be found on the Playpro Platform or in your Member Account. All fees must be paid in U.S. Dollars.
2. Refunds. In the event of a termination of your Member Account for any reason, whether by Playpro 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 or for any Transactions (defined below). 
3. Billing. If you wish to purchase Services or products described on the Site and/or in the App (each, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, information regarding your credit card, bank account or other payment method (the “Payment Account”) and other information. You understand that any such information will be treated by Playpro in the manner described in our Privacy Policy. 
4. Payment Responsibility and Verification. You agree to pay all charges incurred by you or any users of your Member Account when due at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, including sales or use taxes, resulting from your Transaction(s) or use of the Services. In addition to the Terms of Service, your Transaction shall be subject to any additional terms applicable to such services, features or purchases. You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION THAT YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You agree that you will only use Payment Accounts belonging to you or which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses. You grant Playpro the right to provide any information you submit via the Services to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. 

If we are unable to verify or authenticate any information that you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your Payment Account information, your Member Account may be cancelled, we may refuse to honor all pending and future purchases made on such Payment Account and/or you may be prohibited from accessing or using the Services.

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5. Authorization. You hereby authorize Playpro to charge your Payment Account in advance for all applicable fees incurred by you in connection with your chosen Transactions. You understand and agree that it is your responsibility to notify Playpro of any changes to your Payment Account or if your Payment Account has expired, otherwise your access to the Services may be disconnected or interrupted.
6. Late Payments. Any mounts not paid by you to Playpro when due will be assessed an additional 1.5% interest (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. Any accrued interest is also due immediately. You are responsible and liable for any fees, including attorneys’ and collection fees, that Playpro may incur in its efforts to collect any remaining balances due from you. The Terms of Service shall in no way limit any other remedies available to Playpro. 
7. Payments Following Termination; Disputes. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your Member Account or your Member Account is terminated. Playpro reserves the right, in its sole discretion, to retroactively charge your Payment Account for any outstanding balances greater than sixty (60) days old. You must notify Playpro of any billing problems or discrepancies within sixty (60) days after they first appear on a statement of your Payment Account. If you do not notify Playpro within sixty (60) days, you waive any right to dispute such problems or discrepancies. 
8. Member Website Transactions. 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 facility administrators and sports facility users must resolve all questions or disputes regarding the foregoing directly with each other. Playpro is not responsible or liable for the practices of sports facility administrators or sports facility users, for sports facility administrators’ and sports facility users’ interactions with each other or use of Member Websites, including, without limitation, any claims for payments or refunds associated therewith. 
9. Payment Processing. We may use a third-party payment processor (the “Payment Processor”) to link us to your Payment Account. The processing of payments in connection with your account and any fees will be subject to the terms, conditions and privacy policies of the Payment Processor, if applicable, and your Payment Account issuer in addition to these Terms of Service. We are not responsible for any errors by the Payment Processor or your Payment Account issuer.

License Grant and Restrictions

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1. License Grant. These Terms of Service do not constitute a sale and does not convey to you any rights of ownership in or related to the Playpro Platform and/or the Site, or any intellectual property rights owned solely by us. Subject to your compliance with these Terms of Service, Playpro and its licensors (if applicable) hereby grant to you a limited, personal, non-transferable, revocable, non-exclusive license, during the term of these Terms of Service, to access and use the Playpro Platform and/or the Site, and related software, in object code format only, in the current version thereof, solely for the purpose of accessing and using the Services in accordance with the Terms of Service. You shall only be permitted to use the Playpro Platform and/or the Site for your own internal business purposes or personal use, as applicable, subject to the terms and conditions of these Terms of Service. Any future release, update or other addition to the Playpro Platform and/or the Site shall be governed by these Terms of Service. With respect to any open source or third-party code that may be incorporated in the Playpro Platform and/or the Site, such code is governed by the applicable open source or third-party license, if any, authorizing use of such code. All rights not expressly granted to you are reserved by Playpro, and its licensors (if applicable). The foregoing license grant shall immediately terminate and you agree to delete and cease all use of the Services in the event that you violate any of the terms of these Terms of Service or your Member Account is otherwise terminated or cancelled under these Terms of Service.
2. License Restrictions. By using the Playpro Platform and/or the Site, you agree that you will not, and will not permit or authorize third parties, directly or indirectly, to: (i) download, copy, alter, modify, translate, or create derivative works based on the Playpro Platform and/or the Site or any portion thereof for any purpose whatsoever (except to the extent expressly permitted by Playpro); (ii) attempt, by de-compilation, reverse-engineering, disassembly, or any other method, to create or derive all or any portion of the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Playpro Platform and/or the Site or any software, documentation or data related to the Playpro Platform and/or the Site; (iii) alter or remove any copyright, trademark or proprietary rights notice on or within the Playpro Platform and/or the Site; (iv) design or develop a competitive or substantially similar product or service; and (v) license, sublicense, publish, distribute, disclose, manufacture, sell, market, rent, lease, transfer or otherwise commercially exploit or provide access to the Playpro Platform to any third parties other than users registered to access or use the Playpro Platform. If you make use of the Playpro Platform and/or the Site, other than as provided herein, in doing so you will be in breach of these Terms of Service and may be in violation of copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Except as provided herein we do not grant any license or other authorization to any user for the use of our trademarks, registered trademarks, service marks, copyrightable material or intellectual property by including them on the Playpro Platform and/or the Site. In addition to the termination of these Terms of Service, violation of this Section  may result in copyright, trademark, patent or other intellectual property rights violations and liability, and civil or criminal penalties.
3. Connectivity; Equipment. You shall be solely and exclusively responsible, at your own expense, for the acquisition, installation, operation, security and maintenance of the minimum system components and communications services required to access and use the Playpro Platform and/or the Site. Any inability to access or interruption of access to the Playpro Platform and/or the Site due to your failure to procure and maintain the necessary hardware and communications services shall be at your sole and exclusive liability and responsibility and Playpro shall have no responsibility or liability for same.

Mobile App Terms

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1. Installation. Playpro believes in providing users with clear, concise and complete disclosure before users download and install the App, including a description of the primary functions of the App. The App requires user consent prior to installation.  Playpro does not believe that users should be deceived into downloading or installing the App. In order to download the App, as made available on the Android® mobile platform, you must either utilize the options made available: (i) on the Site; or (ii) via participating Download Venues (as defined below). You understand and agree that Playpro shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the App.
2. Uninstall. The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional “add/remove” programs function contained within your mobile device. Please be advised that in some instances, you may be required to restart your mobile device before all remnants of the App are completely uninstalled and removed from your mobile device. If you experience any problems installing and/or uninstalling the App, please contact us via e-mail at: legal@Playpro.com. 
3. Advertisements. THE APP IS NOT SPYWARE OR ADWARE. THE APP WILL NOT DELIVER ADVERTISEMENTS TO YOUR MOBILE DEVICE, PROVIDED THAT ADVERTISEMENTS SUCH AS THE THIRD-PARTY ADS MAY APPEAR IN THE APP ITSELF.
4. Downloading Venues. The Terms of Service is an electronic agreement entered into by and between you and Playpro, and not with the applicable download venue that you use to access the App (the “Download Venue”). As between Playpro and any participating Download Venue, Playpro is solely responsible for the App. No Download Venue has any obligation to furnish any maintenance and/or support services with respect to the App. The Download Venues are third-party owned and operated websites. Use of those stores shall be governed by the applicable venue’s agreements, terms and conditions. Playpro does not control the Download Venues or any of the actions, policies or decisions made by the operators of those venues.
5. Remote Access; Updates; Bug Fixes. Playpro reserves the right (but is not obligated) to add additional features or functions to the existing App, and to provide technical support including bug fixes, error corrections, patches, new releases or any other component not specified within these Terms of Service, from time-to-time. When installed on a user’s mobile device, the App periodically communicates with Playpro servers. Playpro may require the updating of the App residing on a user’s mobile device when Playpro releases a new version of the App, or when Playpro makes new features available. The aforementioned technical support and/or updates may occur automatically without prior notice, or upon prior notice to you, and may occur all at once or over multiple sessions, in Playpro’ sole and absolute discretion. By downloading the App, you hereby consent to these update/technical support services. Our access to your mobile device will be limited to providing support and/or updating the App. Where we are denied access for these purposes, your ability to utilize App-based Services may be limited. Each user understands that we may require that user’s review and acceptance of our then-current Terms of Service before that user will be permitted to use any subsequent versions of the App. Each user acknowledges and agrees that Playpro has no obligation to make any subsequent versions of the App available to that user, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Terms of Service.
6. Third Party Software. ANY THIRD-PARTY SOFTWARE, AS WELL AS ANY THIRD-PARTY PROVIDED PLUG-INS, THAT MAY BE PROVIDED WITH THE APP ARE MADE AVAILABLE FOR USE AT EACH USER’S SOLE OPTION AND RISK. IF A USER CHOOSES TO USE SUCH THIRD-PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD-PARTY’S LICENSING AGREEMENT(S), TERMS AND CONDITIONS AND PRIVACY PRACTICES.  PLAYPRO IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY USER’S USE OF, OR INABILITY TO USE, THIRD-PARTY SOFTWARE.
7. App License Grant/Termination; Restrictions. Subject to the restrictions set forth in the Terms of Service, we grant to you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the App and related software, in object code format only, on mobile devices owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with the Terms of Service, and solely for so long as your Member Account is in good standing. You acknowledge that you are receiving licensed rights only. The licenses set forth in this Section shall be in effect unless and until this license is terminated by Playpro. Playpro may terminate the licenses set forth in this Section and/or disable, remove or change the App and/or any portion thereof in its sole discretion at any time, with or without notice, by remote updates or otherwise. In addition, this license will terminate immediately with respect to a user if that user fails to comply with any term or condition of the Terms of Service. Each user agrees upon expiration or termination of this license to immediately uninstall the App. You may not network the App among multiple mobile devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the App and/or its structural framework; (ii) create derivative works of the App; (iii) use the App in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the App. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the App in any way to permit other products or information to interoperate with the App. You are responsible for all use of the App that is under your possession or control.
8. Export Restrictions. Each user agrees that the App may not be transferred or exported into any other country or used in any manner prohibited by U.S. or other applicable export laws and regulations.

Modification or Discontinuation of Services

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Playpro disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend, restrict or stop your access to all or part of the Services, with or without notice at any time and without any liability to you, for any reason, including, for example, if you do not comply with the 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.

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Third Party Websites, Products and Services

1. General. When you access third party websites or interact or communicate with third parties through the Services, you do so at your own risk. Playpro has no control over and assumes no responsibility for, the content, information, materials, services, products, privacy policies or practices of, or opinions expressed in, any third-party websites, or which are posted to or through the Services by other parties, including those featured on Member Websites. 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.
2. Responsibility for Member Websites. Playpro disclaims, and sports facility administrators accept, all responsibility and liability for the use of such sports facility administrators’ Member Websites by sports facility users or any other third parties. Furthermore, Playpro disclaims, and sports facility users accept all responsibility and liability for the use of sports facility administrators’ Member Websites, including data usage and any privacy practices associated therewith.

Member Content and User Interactions

1. Member Content. You acknowledge that all user content is the sole responsibility of the party from whom such content originated. This means that you, not Playpro, are legally responsible for all data, content or other information (“Member Content”) uploaded, posted, transmitted, stored or otherwise made available through your Member Account, on your Member Website, via the Interactive Services, or through various surveys, questionnaires and feedback requests (collectively, “Surveys”) that we make available from time-to-time, and otherwise through your use of the Services. You are responsible for any Member Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure.
2. You Own Your Member Content; License. Your Member Content remains your property. However, by posting Member Content by and through the Services and subject to the terms of the Privacy Policy, you grant to Playpro and its related companies, affiliates and partners an irrevocable, worldwide, non-exclusive, royalty-free, fully sublicenseable license to: (i) host, use, copy, store, distribute, publicly perform and display, modify, and create derivative works of (such as changes we make so that your Member Content works better with our Services) such Member Content solely and exclusively as necessary to provide, improve and make the Services available to you and other users, including through any future media in which the Services may be distributed; (ii) use and disclose metrics and analytics regarding the Member Content in an aggregate or other non-personally identifiable manner (including for use in improving our Services or in marketing and business development purposes); (iii) use any Member Content that has been de-identified for any product development, research or other purpose (including after termination of your use of the Services); and (iv) use any Member Content for other purposes permitted by our Privacy Policy. Except with respect to your Member Content, you agree that you have no right or title in or to any content that appears on or in the Playpro Platform. You are solely responsible for making sure that you have all rights in the Member Content, including the rights necessary for you to grant us the foregoing license to the Member Content and that such Member Content  does not violate or infringe on any third party’s intellectual property rights. 
3. Enforcement and Monitoring. Playpro does not control the Member Content posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such content. Playpro reserves the right, in its sole discretion, without notice at any time, to: (a) review the Member Content posted via the Services; (b) edit, remove or refuse to post any Member Content, in whole or in part, for any or no reason in our sole discretion; (c) take any action with respect to any Member Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Member Content violates the 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 Playpro; (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 Playpro. Notwithstanding the foregoing, Playpro undertakes no responsibility to monitor or otherwise police the Member Content made available by and through your Member Account, on your Member Website, via the Interactive Services or otherwise through your use of the Services. You agree that Playpro shall: (i) have no obligations and incur no liabilities to you or any third party in connection with any Member Content; and (ii) not be liable to any party for any claim in connection with any Member Content. 
4. Representations. In connection with any Member Content, you represent and warrant the following:

If you are a sports facility administrator that uses Playpro to perform Services on your behalf, you agree that you are solely responsible for: (1) posting all legally required privacy policies and/or consumer notifications on your Member Website; (2) making all appropriate disclosures to visitors to your Member Website and to other end users whose information you collect, store and/or use; and (3) obtaining any necessary consent(s) from such individuals with respect to your collection, storage and use of personal information, including your disclosure of user personal information to third party service providers such as Playpro.

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If you are a sports facility administrator that uses Playpro 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, Playpro (or cause to be hosted on Playpro’ servers) certain types of sensitive personal information that could trigger state security breach notification laws in the event that such information is accessed by any unauthorized person, including, but not limited to, social security number, driver’s license number, bank account information or credit card numbers, unless such information is provided to Playpro by and through the system specifically designated by Playpro to protect and store such information. If such information is shared with Playpro, or hosted on Playpro’ servers in a manner that Playpro deems to be insecure, Playpro has the right, but not the obligation, in its sole discretion to delete and remove any such sensitive personal information. In the event that an incident of unauthorized access or disclosure of such sensitive personal information triggers state security breach notification laws because of your breach of this paragraph, you agree that you will be solely responsible for the timing, content, cost and method of providing any such notice to the affected parties, and for any other aspect of compliance with such laws.

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5. User Interactions. Playpro is not responsible for the actions, content, information or data of any third parties, including sports facility administrators, sports facility users or other users. You are solely responsible for your interactions with sports facility administrators, sports facility users 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 Playpro 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 facility administrators). 
6. Interactive Services; Teen Users. The Services include features that allow you to interact and communicate with third parties (including sports facility administrators and other sports facility users) (“Interactive Services”). Without limiting the foregoing, where a Teen User has opened a valid Teen User Member Account as authorized by her/his/its Parent, that Teen User may be able to access Interactive Services whereby the Teen User can communicate directly with the applicable personnel associated with the sports organization that she/he/it is registered with (collectively “Teen User Messaging”). Parents shall be able, at all times, to access the logs of any and all Teen User Messaging involving their Teen User. If a Parent suspects any inappropriate behavior and/or discussions in connection with any Teen User Messaging, the Parent should contact Playpro and the applicable authorities immediately. 
7. User Disputes; Release. If you have a dispute with one or more individuals or entities with whom you interact through the Services, you release us from all 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.

Member Content Guidelines

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You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are responsible for your own communications, including the upload, transmission and posting of information, and the consequences of such postings on or through the Playpro Platform. 

We may, in our sole discretion, and with or without notice, terminate your account if you misuse the Playpro Platform, or if you violate these Terms of Service including, without limitation, the guidelines contained in this Section. Playpro may delete any information provided by you that it deems, in its sole discretion, in violation of these rules of conduct. Violations of our system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations.

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Playpro specifically prohibits any use of the Playpro Platform or the Services to, and you agree that you will not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit Member Content or other content (including, but not limited to, the Interactive Services) that contains any of the following:

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• 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 Teen User);
• Except as otherwise permitted by Playpro in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
• Virus, trojan horse, worm, spyware, malware, spamware or other disruptive or harmful software or data;
• Any information, software or content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner;
• Content that displays any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third-party without the permission of that third-party;
• Content that displays any audio files, text, photographs, videos or other images that contain hate speech and/or any other material that we reasonably believe degrades, intimidates, incites violence against or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category;
• Content that would constitute “stalking,” “bullying,” threatening, badgering, sexually harassing or otherwise harassing any person;
• Content that expresses or implies that any statements you make is endorsed by Playpro;
• Content utilized to harvest or collect personal information of users or other third parties whether or not for commercial purposes, without their express consent;
• Content that utilizes any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Member Website, Services or related content; and/or
• Content that interferes with or disrupts any of the Services and/or the servers or networks connected to same.

Integration Partners

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Playpro may, from time-to-time, enable sports facility administrators to offer their sports facility users the opportunity to integrate their respective Member Accounts (but not Teen User Accounts) with those of various third-party service providers (“Integration Partners”). Where a sports facility administrator offers its sports facility users the opportunity to integrate Member Accounts (but not Teen User Accounts) with any Integration Partner(s), the personal information of those sports facility users may be automatically shared with the applicable Integration Partner(s). In light of the foregoing, each sports facility administrator represents and warrants that she/he/it will be fully responsible for obtaining all consents necessary to permit Playpro and the sports facility administrator to automatically share sports facility user personal information with the subject Integration Partner(s), as applicable. Without limiting the foregoing, each sports facility administrator’s respective registration process and privacy policy shall include all required disclosures regarding the sharing of sports facility user personal information with Integration Partners.

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Intellectual Property

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1. Ownership of Intellectual Property. The Services and all past, present and future content of the Services, including all software and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Playpro: (a) are owned by Playpro, its licensors or other providers of such material; (b) are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws; (c) are intended solely for the personal, non-commercial use of our users, provided that sports facility administrators may use the Services for the intended business purposes; and (d) may only be used in accordance with these Terms of Service. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Services, the Playpro Platform or any other proprietary materials shall be owned solely and exclusively by Playpro, or our licensors (as applicable), as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. 
2. Trademark Usage. Our company name, service names and associated logos are trademarks of Playpro, and you agree not to use or display them in any manner without Playpro’s prior written permission. Nothing on the Playpro Platform or the Services should be construed to grant any license or right to use any Playpro trademark without the prior written consent of Playpro. Product names, logos, designs, titles and words associated with the Playpro Platform and the Services may be protected under law as trademarks, service marks or trade names of Playpro. Such trademarks, service marks and trade names may be registered in the United States and internationally.
3. Trademark License. If you are a sports facility administrator, you hereby grant Playpro 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. 
4. Submissions. If any user (other than Teen Users) chooses to submit any Member Content in the form of feedback, suggestions or ideas in response to the Surveys, or otherwise (collectively, “Submissions”), that user acknowledges and agrees that: (a) such user’s Submissions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) we are entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide including using such Submissions for purposes of improving, modifying and/or updating the Services, Site and/or App and/or for marketing and business development purposes; (d) we may have something similar to the Submissions already under consideration or in development; (e) such user’s Submissions shall automatically become the sole and exclusive property of Playpro without any obligation of Playpro to you; and (f) such user is not entitled to any compensation or reimbursement of any kind from Playpro in connection with the Submissions under any circumstances. 

Notice of Copyright Infringement

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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 in writing for notice of claims of copyright or other intellectual property infringement (the “Copyright Agent”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed (the “Disputed Material”); (c) a description of where the Disputed Material is located on the Services; (d) your address, telephone number, and e-mail address; (e) 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 (f) 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:

E-mail: legal@playpro.app

Limitations of Liability

PLAYPRO SHALL BE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, WHETHER OR NOT PLAYPRO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE OR THAT SUCH DAMAGES ARE FORESEEABLE, AND EVEN WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY ASSOCIATED CONTENT OR MEMBER CONTENT; (B) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING OTHER SPORTS FACILITY USERS, SPORTS FACILITY ADMINISTRATORS OR OTHER USERS; (C) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE PLAYPRO PLATFORM, THE SERVICES, THESE TERMS OF SERVICE OR ANY OTHER SERVICES PROVIDED BY PLAYPRO.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLAYPRO PLATFORM AND THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IN NO EVENT WILL PLAYPRO, 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 ANY FEES YOU HAVE ACTUALLY PAID TO PLAYPRO FOR USE OF THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Representation and Warranty; Indemnity 

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You represent and warrant to Playpro  that any information or materials you post on or transmit through the Playpro Platform or the Services for any purpose will not infringe on the copyright, trademark or other intellectual property rights or trade secrets or violate any other rights of any third party. Users (other than Teen Users) agree to defend, indemnify and hold harmless Playpro, 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) in any way arising out of or relating to (a) such user’s access, use, or unauthorized access to, or misuse of, the Services; (b) such user’s violation of the Terms of Service or any additional terms applicable to such user’s use of the Services; or (c) the infringement by such user’s or any third party using such user’s Member Account of any intellectual property or other right of any person or entity, including in connection with your Member Content.

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Release and Waiver of Rights

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To the extent permitted by applicable law, you release Playpro including its officers, directors, shareholders, agents, subsidiaries, and employees and expressly waive any and all claims against Playpro that may arise from your use of the Services. Specifically, without limitation to the foregoing, by providing information and/or uploading content within the Services, you release Playpro including its officers, directors, shareholders, agents, subsidiaries, and employees and expressly waive all claims against Playpro arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use of the Site, App and/or other Services. If you are a California resident, you waive California Civil Code Section 1542 (as may be amended). The statute currently provides: “A general release does not extend to claims that the creditor or the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or release party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

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Disclaimer of Warranties

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THE MATERIALS APPEARING BY AND THROUGH THE SERVICES COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. YOUR USE OF THE SERVICES AND ANY CONTENT MADE AVAILABLE BY AND THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. NEITHER PLAYPRO NOR ANY PERSON ASSOCIATED WITH PLAYPRO 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 PLAYPRO NOR ANYONE ASSOCIATED WITH PLAYPRO REPRESENTS OR WARRANTS THAT ANY OF THE CONTENT MADE AVAILABLE BY AND THROUGH THE SERVICES OR ANY MEMBER WEBSITE 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 PLAYPRO BE RESPONSIBLE OR LIABLE FOR (I) MAINTAINING, STORING OR TRANSMITTING DATA GENERATED THROUGH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DATA THAT YOU INPUT REGARDING SPORTS FACILITY USERS; 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 PLAYPRO SHALL NOT BE RESPONSIBLE OR LIABLE FOR PROVIDING ANY COPIES THEREOF TO YOU. YOU ACKNOWLEDGE AND AGREE THAT UPON CANCELLATION OR TERMINATION OF YOUR MEMBER ACCOUNT THESE TERMS OF SERVICE WILL AUTOMATICALLY TERMINATE AND 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.

PLAYPRO 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.

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Governing Law and Dispute Resolution

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1. 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 Playpro shall be resolved by the processes set forth in these Terms of Service. Playpro provides the Services to you on the condition that you accept the dispute resolution provisions described below (“Arbitration Agreement”). Accordingly, if you initiate any claim against Playpro in any other manner, you shall be in violation of these Terms of Service and you agree that Playpro shall be entitled to have such action dismissed or otherwise terminated. You agree that prior to initiating any formal proceedings against Playpro, you will send us a notice to legal@Playpro.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, Playpro shall attempt to resolve the dispute with you through informal negotiation within thirty (30) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either party may initiate formal proceedings according to the Arbitration Agreement set forth below.
2. Arbitration Agreement. You and Playpro 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 the Arbitration Agreement.

Our arbitration proceedings would be conducted by the JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS, as modified by the Arbitration Agreement; provided, however, that Playpro reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Playpro that are similar to the demand for arbitration submitted by you (“Mass Arbitration”). You may review those rules and procedures, and obtain a form, known as a “Demand for Arbitration,” for initiating arbitration proceedings by clicking here; provided, however, that prior to initiating an arbitration proceeding you must first provide Playpro with proof that the you have accessed the Services and provided consent to the terms of these Terms of Service. The arbitration shall be held in New York, New York. If the value of the relief sought is $10,000 or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions.

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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 JAMS 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.

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SUBJECT TO PLAYPRO’ DETERMINATION TO RESOLVE CERTAIN CLAIMS THROUGH MASS ARBITRATION,  NEITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (REFERRED TO HEREIN AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS”). SUBJECT TO PLAYPRO’ DETERMINATION TO RESOLVE CERTAIN CLAIMS THROUGH MASS ARBITRATION, 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. SUBJECT TO PLAYPRO’ DETERMINATION TO RESOLVE CERTAIN CLAIMS THROUGH MASS ARBITRATION: (A) 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); AND (B) ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE SERVICES.

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Except with respect to the Prohibition of Class and Representative Actions described above, if a court decides that any part of the Arbitration Agreement is invalid or unenforceable, the other parts of the Arbitration Agreement shall continue to apply. If a court decides that the prohibition of class and representative actions provisions set forth in the Arbitration Agreement are invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. The remainder of these Terms of Service and this section will continue to apply.

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3. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE 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.

Miscellaneous

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1. Entire Agreement. These Terms of Service, the Privacy Policy as well as any other agreement you may enter into with Playpro in connection with the Services, if applicable, constitute the sole and entire agreement between you and Playpro with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
2. Waiver. No waiver by Playpro 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 Playpro to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
3. Severability. If any provision of the 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 these Terms of Service will continue in full force and effect.
4. Disclaimer. Playpro shall not be liable for any failure to perform its obligations under these Terms of Service. 
5. Relationship of the 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 Playpro in any respect whatsoever. 
6. Violations. Please report any violations of these Terms of Service directly to Playpro.
7. Headings. The subject headings of the sections in these Terms of Service are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 

Contact Information

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All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:

Playpro Co.

legal@playpro.app