TERMS & CONDITIONS
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
USE OF THE PLAYCED WEBSITE
By agreeing to these Terms and Conditions,
- You verify that all the information entered is true and correct and solely for the use of the athlete named.
- You understand that sharing your report and other information provided by Playced with other prospective college athletes dramatically reduces the chance for a college scholarship.
- You understand that your information is subject to verification and to being corrected or changed.
You agree that you will not:
- Use Playced in any way that may lead to the encouragement, procurement or carrying out of any illegal or criminal activity.
- Use our website for any purpose other than your personal use.
- Obtain or attempt to obtain any materials, documents or information through any means not purposely made available through our website.
- Penetrate or attempt to penetrate the security measures protecting our website, including, without limitation, by hacking, password "mining" or any other illegitimate means.
- Probe, scan or test the vulnerability or security of our website.
- Frame or utilize framing techniques to enclose any portion of our website.
- Intentionally disrupt the operation or functionality of our website.
You further agree that you will not use our website to:
- Impersonate another person, whether actual or fictitious, including, without limitation, impersonating any Playced employees or consultants.
- Post, share, and/or publish material that is unlawful, harassing, defamatory, abusive, threatening, obscene, libelous or invasive of another's privacy, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
- Transmit viruses, spam, junk mail, or bulk communications of any kind.
- Advertise or solicit any business.
- Post, share and/or publish material that is protected by copyright, trade secret, patent, trademark and/or other proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights, or you have written permission from the rightful owner of such rights, and you grant us a royalty-free worldwide license, consent and release with respect to such material as provided in the Terms and Conditions.
You may be asked to register on or through our website to participate in or receive various services offered by Playced. The availability of these services may vary, and, in the future, we may add other services that may be accessed through our website. While your use of our website is subject to the Terms and Conditions, other services offered by Playced may be subject to additional terms and conditions.
When you register, you will select a user name and password. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you. You agree to immediately notify Playced of any unauthorized use of your user name and/or password. You further agree not to adopt an inappropriate user name of any kind.
By registering on our website, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current.
YOUR SUBMISSIONS TO OUR WEBSITE
Our website may allow you to post, share and/or publish various materials and information, including, without limitation, videos, photographs, biographical information and other materials (collectively, "User Materials"). You are solely responsible for your User Materials and the consequences of posting, sharing, and/or publishing your User Materials on and/or to our website.
By using our website and posting, sharing, and/or publishing your User Materials on and/or to our website, you represent and warrant that you own the entire right, title and interest in and to your User Materials.
You hereby grant to Playced and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of any of the foregoing, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode your User Materials, in any and all formats and through any and all means and channels, including, without limitation, through streaming and downloading technologies on the Internet, in publications and advertisements, at scouting/recruiting events and in kits distributed to the media. You further hereby irrevocably consent and allow Playced to use and share the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) (collectively, “Names and Likenesses”) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in your User Materials. You also hereby irrevocably waive as against Playced all moral rights and rights of restraint in your User Materials.
You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify Playced from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys' fees), that you, or any third party, shall or may have arising out of or in connection with the use of your User Materials and/or Names and Likenesses as provided herein.
You acknowledge that Playced reserves the right to display advertisements in connection with your User Materials, to display your User Materials with similar materials from other users and to use your User Materials for marketing, promotional and advertising purposes. You further acknowledge that Playced has the right, in its sole discretion, to prescreen, pre-approve, refuse and/or remove from our website, without prior notice, any User Materials, including, without limitation, User Materials that violate the Terms and Conditions.
If you have any comments or questions regarding content or materials on our website, please contact Playced using the contact information found at the end of the Terms and Conditions. If you believe in good faith that any content or materials on our website violate your intellectual property rights, please contact us using the contact information found at the end of the Terms and Conditions.
Playced reserves the right in its sole and absolute discretion to change, suspend and/or discontinue, at any time, any aspect or feature of our website, including, without limitation, content, hours of availability and equipment needed for access or use. We also reserve the right in our sole and absolute discretion to change or modify the Terms and Conditions applicable to your use of our website, or any part thereof, or to impose new terms and/or conditions, at any time, either by emailing you notification of the new terms and/or conditions and/or by publishing the modified Terms and Conditions on the relevant pages of our website. All such changes will take effect within thirty (30) days after they have been posted on our website or emailed to you, and you will be deemed to have accepted any such changes by your use of our website following such time. Therefore, we encourage you to regularly review the Terms and Conditions.
Playced respects the valid intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on our website, including, without limitation, User Materials.
If you are a copyright owner, or an agent of a copyright owner, and you believe that any content or materials on our website, including, without limitation, any other person’s User Materials, violate your copyright, you may submit a notification with the following information in writing (please see 17 U.S.C. §512(c)(3) for further detail): (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Playced to locate the material; (iv) information reasonably sufficient to permit Playced to contact you, such as an address, telephone number, and, if available, an email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our website, including, without limitation, the design, structure, selection, organization, compilation, display, arrangement, expression and "look and feel" of our website, and the software comprising and/or embodying the foregoing are owned, controlled or licensed by or to Playced, and are protected under applicable intellectual property laws, including, without limitation, copyright, trade dress, trademark and/or patent laws. Your use of our website gives you no ownership rights.
You may not, without limitation, copy, reproduce, republish, download, print, post, broadcast, record, mirror, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of our website except as follows: you may print portions of our website for your personal informational use as long as the printed portions are not subsequently modified or altered in any way. Any use other than as permitted under the Terms and Conditions may be undertaken only with the prior written authorization of Playced.
TERMINATION OF YOUR RIGHT TO USE OUR WEBSITE
Playced reserves the right to suspend, restrict and/or terminate your access to our website at any time, without notice, in our sole discretion, without limitation to any of our other rights. Further, Playced reserves the right to terminate your account if your User Materials are in question.
PRODUCTS AND SERVICES OFFERED BY PLAYCED
Playced may offer products and services on or through our website. When you enroll for such products or services, you accept the specific agreement(s) applicable to such products or services. Your use of any such products or services is governed by the terms and conditions in the applicable agreement(s) for such products or services and, to the extent such products or services are provided through our website, the Terms and Conditions will also apply.
LINKS TO OTHER WEBSITES
Our website may provide links to other websites or resources, including, without limitation, advertisers, over which we have no control. These links are provided solely as a convenience to you and, unless otherwise explicitly stated, should not be construed as an endorsement by Playced of the content, products or services on such websites or resources. You access and use such websites or resources, including the content, products or services thereon, solely at your own risk. We make no representations or warranties with respect to the content, ownership, or legality of any such linked websites, and you agree that Playced has no responsibility or liability for the availability of such websites or resources, or for the content, advertising, products, services or other materials available through such websites or resources.
LINKING TO OUR WEBSITE
You may not link to Playced’s website without our prior written consent.
THIRD PARTY ADVERTISING ON PLAYCED WEBSITE
Unless otherwise explicitly stated, Playced does not endorse or guarantee any third party products or services advertised on our website or any third parties sponsoring parts of our website. Your dealings with advertisers or other third parties found on or through our website are solely between, and the responsibility of, you and the third party. These dealings include, without limitation, your participation in promotions, the payment for and delivery of products and services, if any, and any terms, conditions, warranties or representations associated with such dealings. You agree that Playced will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our website.
DISCLAIMER OF WARRANTIES
The content on our website is for informational purposes only. All content and services on our website are provided by Playced on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, with respect to our website or the information, content, materials, services or products included on our website. We will provide our website with reasonable skill and care and substantially as described in the Terms and Conditions. However, we do not make any other promises or warranties about our website or any websites linked to our website. You expressly agree that your use of our website is at your sole risk.
We do not warrant that the Playced website, its servers or e-mail sent from us are free of viruses or other harmful components. While we use all reasonable efforts to correct any errors or omissions within our website as soon as practicable once they have been brought to our attention, we do not warrant that the information on our website will be free from errors or omissions. While we attempt to be as accurate as possible, we do not warrant that descriptions or other content on our website are current or error-free.
We do not warrant that our website will be available uninterrupted and in a fully operating condition. Access to the Playced website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our reasonable control.
LIMITATION OF LIABILITY
In no event shall we, our affiliates, licensees, parents, or subsidiaries be liable to you in contract, tort (including negligence) or otherwise for any losses which are not currently foreseeable by us arising out of the Terms and Conditions or your use of our website. We shall not be liable for any attempts by you to participate in the use of our website by methods, means or ways not intended by us. Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with the Terms and Conditions shall be limited in aggregate to the net payments, if any, made by you to us via our website.
The Terms and Conditions shall be governed by and construed under the laws of the State of Texas, without regard to conflicts of laws rules. You agree that the courts of Texas shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts located in Dallas, Texas. Any action arising out of the Terms and Conditions or your use of our website must be brought within one (1) year after the cause of action has arisen.
LIABILITY FOR TECHNICAL DISRUPTIONS TO OUR WEBSITE
If you cause a technical disruption of our website or any aspect of its functionality, you agree to be responsible for any and all losses, costs, liabilities and expenses Playced may suffer or incur and you agree to be liable for any attorneys' fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other rights at law or in equity.
You agree to compensate, indemnify, defend, and hold harmless Playced and its members, managers, officers, employees and affiliates from and against any and all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of our website or any violation by you of the Terms and Conditions.
Each provision of the Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
HOW TO CONTACT US
Should you have questions or concerns about the Terms and Conditions, please contact us by mail, phone or email as follows:
Next Tier Athletics, LLC (d/b/a Playced)
Attention: Website Terms and Conditions
14901 Quorum Drive, Suite 850
Dallas, TX 75254
972-458-9652 Dallas office