Last Updated: April 4, 2022
The Platform is website for parents, coaches, organizations, and players that advertises and markets third party events, from college coach events to travel ball tryouts at an indoor facility, to provide a convenient and streamline online platform for your sport’s needs. We will provide access to hundreds of camps, clinics, prospect events, tryouts and weekly programs. Please note that we do not create, develop, staff or operate any of these events.
Accounts, Passwords, and Security
Certain areas of the Platform require registration or otherwise ask you to provide information to participate in certain features or access certain content, including but not limited your online account. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform, or any features at all.
Where the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable form. It is your responsibility to maintain the currency, completeness, and accuracy of your account data, and any loss caused by your failure to do so is your responsibility. During the account sign in process, you will be asked to enter valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Play ‘N Sports immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information that provides you access to the Platform. Play ‘N Sports is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
When you create an account, you can choose options on how coaches and organizations may contact you, please note for text messaging, fees and data message rates may apply to any text messages and coaches are responsible for determining these methods of communication. When you use our mobile website, it may require you to be compatible to certain software or technology and you should contact your service provider to understand those fees.
You can cancel your account by contacting firstname.lastname@example.org. Your account data will be deleted by you for coaches and otherwise in a reasonable time period. Any data or personal information provided may remain on the Platform on a deidentified basis for inclusion in our products and services.
EVENTS, MAPS AND COACHES AND ORGANIZATIONAL INFORMATION
Coaches and organizations with a valid Play ‘N Sports account can add events, event maps, event FAQs, waivers and other related materials to the Platform. The Platform will pinpoint the next event for each player, with later events being pinpointed below. Parent and players, above the age of 18, can register for events, clinics and camps subject to each event’s applicable registration criteria and rules.
Parents and players understand and agree that these events are not sponsored by, recommended by, endorsed by or the responsibility of Play ‘N Sports. We do not complete any research or background investigation on these events, and we are access, registration and publishing resource for these events. Play ‘N Sports does not endorse, verify, evaluate or guarantee any information provided by coaches or organizations and nothing shall be considered as an endorsement, verification or guarantee of any information. As dates, availability, locations, and costs for these events often change or such events may be cancelled for a variety of circumstances, we recommend that you confirm these events before registering/attending through referring to your dashboard. We are not responsible or liable for any event, including without limitation, any negligence or liability arising out of any event.
For coaches and organizations who are posting events, content, waivers and related materials please review and understand that you are each bound to the terms and conditions in the section entitled Coaches and Organizations Terms and Conditions and Events Posting Policy. Parents and players can report an event issue through the report functionality on the Platform, and we will consider your concerns and determine in our sole discretion whether this provider should remain on the Platform.
PROPRIETARY RIGHTS; USE OF CONTENT
In using or accessing the Platform you agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Platform, or any services, system resources, accounts, servers or networks connected to or accessible through the Platform or affiliated or linked Platform;
(b) not to use the Platform for a purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
( c) not to disrupt or interfere with any other user’s enjoyment of the Platform;
(d) not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including the images and information available through the Platform, the content of any text or the layout/design of any page) without Play ‘N Sport’s express written consent;
(e) not to use meta tags or any other “hidden text” utilizing a Mark, videos or other materials without Play ‘N Sport’s express written consent;
(f) not to use the Platform for any commercial purpose not expressly approved by Play ‘N Sports in writing, including without limitation, unsolicited advertising junk mail or spam;
(g) not to monitor, scrape, index or otherwise copy any of the material on the Platform by means of any robot, spider or other automatic device, process or means, regardless of whether such use my be considered a fair use under United States copyright law;
(h) not to disassemble, decompile or reverse engineer or otherwise attempt to derive the source code of the Platform, except as permitted by applicable laws;
(i) not to “deeplink” to the Platform without Play ‘N Sports’ express written consent; and
(j) not to attempt to obtain unauthorized access to the Platform or portions of the Platform that are restricted from general access.
FEES AND REFUNDS
Event Fee Charges. For a parents and players, you will incur a 6% platform event fee and a processing fee/convenience fees charge at check out for each event, as well as taxes as are applicable. These fees are not refundable.
Subscriptions. Coaches, players, parents and organizations have free access to the Platform in order to post events, register at events and to access other information and solutions. We reserve the option to charge a subscription fee in advance on a yearly basis, and will provide you with advance notice of this change.
Platform Event Fees. For each registration event on the Platform, coaches and organizations will pay a platform event fee equal to the cost of one player registration fee per event capped at $500 (U.S.), for each event promoted on the Platform with more than 2 registered players. The remaining event registration fees collected by us for coaches’ or organizations’ events promoted on the Platform will be paid to coaches and organization by PayPal, ACH or wire within 30 days after each event. Processing and transaction fees and taxes will be charged as is applicable.
Refunds and Cancellations.
(a) Coaches and Organizations: Coach and organizations are solely responsible for informing Play ‘N Sports about applicable refunds to be applied to parents and players, which will be processed by Play ‘N Sports are indicated below as well as any cancellations of an event.
Play ‘N Sports agrees that coaches and organizations may cancel your account at any time upon 30 days’ notice and the cancellation will take effect at the end of the month in which your cancellation request was received. You can cancel your account by contacting us at email@example.com. Once you cancel your account you are responsible for removing your Coach User Content, as defined below, from the Platform. If you fail to remove your content, we may remove your content for you.
(b) Parents and Players. Coaches and organizations determine the cancellation and refunds policy for each event. It is in the coaches or organization sole discretion grants such refunds. If such refund is granted, parents and players, may receive a refund of the event registration fee, (minus the 6% platform fee, any processing fee, transaction costs or taxes as applicable). The refund will be credited to your online payment account or credit card. You may request a refund through the refund button on your Platform dashboard. You are responsible solely, for following up with the coach or organization regarding any refund request, Play ‘N Sport has no liability or responsibility to you granting any refund.
COACHES AND ORGANIZATIONS TERMS AND CONDITIONS AND EVENTS POSTING POLICY.
If you are a coach or organization that provides, advertises or posts content, products and services on this Platform, the following additional terms and conditions will apply to you:
(a) You acknowledge and agree that you are responsible solely for all your events, content, products or services advertised on the Platform and you are solely responsible for any liability, loss, negligence or related injury arising out of your event, product or service. You represent and warrant that your events, content, products and services comply with all applicable laws, regulations, statutes, ordinances, and regulatory guidance, including without limitation, any and all local license or ordinance requirements, consumer protection, advertising, product liability and data protection laws. You agree and acknowledge that all waivers or releases used for your event will release Play ‘N Sport, LLC its directors, officers, employees and affiliates from any liability, loss or damage related to the advertisement of your event on the Platform. You understand and agree that we are relying on your compliance, and we do not evaluate, research, warranty, examine or investigate your event, content, products or services, including safety or advertising claims. You acknowledge and agree that we have no responsibility or liability, directly or indirectly, for any alleged or actual damage, claim, loss, judgement, cause of action, fine, or liability related to your content, products or services promoted or posted on the Platform. You agree that you will maintain adequate levels of insurance coverage customary to cover these events, which insurance shall be written by a licensed insurance company of with a general policy holders rating of A or better. All such insurance coverage must be provided by insurance companies licensed in the state where the event/services are performed.
(b) You understand that by including any information about your event, organization, products or services on the Platform, Play ‘N Sports does not endorse, verify, evaluate or guarantee the materials provided by you and nothing shall be considered as an endorsement, verification or guarantee of any Coach User Content, as defined below. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Play ‘N Sports without the prior review and written approval of Play ‘N Sports.
(c) On certain areas of our Platform, coaches or organizations will be able to submit photos, maps, events, videos, testimonials, podcasts, written posts, camps materials, games information and certain other materials (“Coach User Content”). By using these features, coaches and organizations agree that they: (i) will not post any such Coach User Content that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (ii) will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) will not collect or store personal data about other users in Coach User Content; (iv) will not post any Coach User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that coaches and organizations are under a contractual obligation to keep private or confidential; (v) will not post any Coach User Content that is clearly false or misleading; (iv) will not impersonate any person or organization, including without limitation, the personnel of Play ‘N Sports, or misrepresent an affiliation with another person or organization; and (vii) will not post or upload any Coach User Content that contains viruses, corrupted files, malware, or any other similar software or programs that may adversely affect the operation or security of the Platform, or any feature of the Platform.
PLAYER AND PARENTS POSTING POLICY
From time to time on certain areas of our Platform you may be able to submit photos, reviews, videos, testimonials, written posts, and certain other materials (“User Content”). By using these features, you agree that you will not post any such User Content that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another’s privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; that you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; that you will not collect or store personal data about other users in your User Content; that you will not post any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not post any User Content that is clearly false or misleading; that you will not impersonate any person or organization, including without limitation, the personnel of Play ‘N Sports, or misrepresent an affiliation with another person or organization; and you will not post or upload any User Content that contains viruses, malware, corrupted files, or any other similar software or programs that may adversely affect the operation or security of the Platform, or any feature of the Platform.
We assume no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account. We do not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by us without the prior review and written approval of Play ‘N Sports.
LINKS AND THIRD PARTIES
SOCIAL MEDIA AND AFFILIATE MARKETING
DIGITAL MILLENNIUM COPYRIGHT ACT
Play ‘N Sports has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act ( “DMCA”). If you believe that your content has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Platform (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to Play ‘N Sports’ Copyright Agent via email to playnsport/copyright agent.com with a subject line that includes “DMCA Request”, by phone to or via mail to the following address:
c/o [Alexander Hudgens]
Play ‘N Sports will terminate the Platform use of any repeat infringer.
CHANGES TO PLATFORM
We may add, change, discontinue, remove or suspend any portion or feature of the Platform at any time, without notice.
PLAY ‘N SPORTS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PLATFORM OR CONTENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLAY ‘N SPORTS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM, CONTENT AND ANY LINKED PLATFORM. PLAY ‘N SPORTS DOES NOT WARRANT THE FUNCTIONALITY, INFORMATION OR LINKS CONTAINED ON THE PLATFORM OR THAT CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE PLATFORM OR CONTENT ARE FIT FOR ANY PARTICULAR PURPOSE, THAT THE OPERATION OF THE PLATFORM OR CONTENT WILL BE UNINTERRUPTED, ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. PLAY ‘N SPORTS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT, EVENTS, PRODUCTS OR SERVICES, (INCLUDING THOSE OF THIRD PARTY ORGANIZATIONS OR COACHES) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PLAY ‘N SPORTS) ASSUME THE ENTIRE COST OF ALL NECESSARY USE, SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Play ‘N Sports is not a health care or medical provider. The Platform and the features, functionalities, services and Content made available therein, including without limitation any advice, information, workouts, exercises, regimens, or other materials (collectively, “Features”), are provided for general informational purposes only and do not constitute medical advice. The Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any physical therapy or workout regimen or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING OUR SERVICES, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.
LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, CONTRACT OR TORT, SHALL PLAY ‘N SPORTS AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, THIRD PARTY PROVIDERS, SUCCESSORS, ASSIGNS OR AUTHORIZED AGENTS (COLLECTIVELY, THE “PLAY ‘N SPORTS PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCTS OR SERVICES; (B) YOUR USE OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, PRODUCTS OR SERVICES (C) ANY THIRD PARTY PLATFORM OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE PLATFORM; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE PLATFORM; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A PLAY ‘N SPORTS PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
PERMISSION FOR WEB LINKING
If you link to the Platform, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Play ‘N Sports. Any such link must not damage, dilute or tarnish the goodwill associated with Play ‘N Sports and/or any Play ‘N Sports intellectual property, nor may the link create the false appearance that your Platform or organization is sponsored, endorsed by, affiliated or associated with Play ‘N Sports, and you may not “frame” the Platform. You may not link to the Platform from any Platform that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Play ‘N Sports’ sole discretion. Play ‘N Sports reserves the right, in its sole discretion, to terminate any link from any Platform.
Play ‘N Sports will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond Play ‘N Sports’ reasonable control.
Arbitration Agreement, Jury Trial Waiver, Class Action Waiver.
If you pursue a legal claim against Play ‘N Sports you agree to arbitration (with limited exceptions and except where prohibited by law):
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our services shall be binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by these Arbitration Procedures.
- The one exception is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Interlace any class action, class arbitration, or other representative action or proceeding.
- Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can and decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Play ‘N Sports (except for small-claims court actions) may be commenced only in the federal or state courts located in North Carolina jurisdiction of those courts for such purposes.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.