Welcome to the Playbook Community! Our mission is to connect recreational sports enthusiasts (referred herein as “Players” and/or “Users”) to other Players and to anyone who organizes and facilitates recreational sports leagues, tournaments, and social events, etc. (referred herein as Commissioners” and/or “Users”) across the globe. Playbook enables Players to create a sports specific profile to join leagues, tournaments and events, share comments, photos, and stats, and access all current and previous league, tournament and event information. To achieve our mission, we make services available through our website and mobile application (together, “Playbook Services”) to help Players and Commissioners across the globe to connect with each other to improve the quality of their sports league, tournament or event (collectively referred herein as “Sports Events”).
We may update and modify the Terms from time to time and each modification will be effective upon posting on the Site, which serves as notice to you. It is your responsibility to visit this page periodically and review the most recent version of the Terms frequently and remain informed about any changes to it because it is binding on you. By continuing to access and use Playbook Services, you accept and consent to any updates to the Terms any modifications that we may make to these Terms from time to time. If you d not agree to any provision of the Terms, you should not access or use Playbook Services.
III. Electronic Communications
When you visit Playbook Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your correspondence or business dealings with, or participation in promotions of Commissioners, including payment and related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable Commissioner(s).
IV. Types of Playbook Users There are three types of Playbook Users, Players, Commissioners and Advertisers.
IV (a) Players can choose from two types of user accounts when enjoying Playbook Services, LITE and PRO. LITE users can benefit from Playbook for free, and they can create a free sports profile, join one league and one event, browse other clubs, leagues, events, and Player profiles, and receive messages and updates from their Commissioner(s) and other players directly to their smart phone. PRO users can benefit from Playbook Services when submitting an online payment of $0.99 per season. PRO users enjoy all of the benefits of LITE users and also get full access to send/receive messages with other Players, upload photos, post comments on league and event whiteboards, create and manage league statistics, and access all previous league and event information forever.
IV (b) Commissioners can enjoy all of the benefits that PRO Players enjoy. In addition, Commissioners can upload their Sports Events to Playbook Services so their Players can join them online or through their mobile devices. Commissioners can create a Club Page to publish information regarding their Club and Sports Events. Commissioners can send messages through Playbook Services to all of their Players. Commissioners can also access the online Commissioner Dashboard to run player reports, edit Club information, and create online and mobile advertisements to appear on Playbook Services.
IV(c ) Advertisers can create and upload an online advertisement on Playbook Services. Players and Commissioners are also allowed to create advertisements on Playbook Services. All advertisements published on Playbook Services must comply with Playbook’s Advertising Guidelines.
V. Fees and Payments
V (a) Players: Access to and use of Playbook Services is free. You understand and agree that by upgrading your LITE user account to a PRO user account and submitting your online payment, we will charge a $0.99 USD fee per season (every 90 days). By purchasing a PRO user account, you authorize Playbook to keep your subscription current by charging your credit card every 90 days until you discontinue your PRO user account subscription. To discontinue future billings of your subscription, log-in into your third party payment provider and cancel your subscription. If you believe that any accounting by a Third Party is in error, you must contact such other Third Party, and not Playbook, to seek resolution. Your correspondence or business dealings with any Third Party, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party.
We do not guarantee that Playbook Services will always be free. We may, in our sole discretion, and by notifying you on Playbook Services, change this policy and begin charging for access to our Playbook Services and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.)
V (b) Commissioners: Access to and use of Playbook Services is free for those who organize and facilitate Sports Events.
V(c ) Advertisers: See Section IV(c ) Advertisers and also Playbook’s Advertising Guidelines.
V(d) Third Party Payment Process: To the extent that we use a third party to process payment online, you acknowledge that Playbook does not control the transaction, and that you bear all risk in connection with the transaction. You should use common sense and be careful in deciding whether or not you want to upgrade your LITE user account to a PRO user account and make a payment.
VI. Your Information
"Your Information" under these Terms, is defined as any information submitted, posted or any other material you provide (directly or indirectly), including through the registration process for creating an account that enables you to access and use Playbook Services, or through the use of Playbook Services, in any public message boards (including the Club Whiteboards, League Whiteboards, and Event Whiteboards) or through Playbook messages. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
Any of Your Information that, through the use of Playbook Services or otherwise, you submit or make available for inclusion on publicly accessible areas of Playbook Services is referred to as "Public Information", including but not limited to your name (if provided), photo, images, marital status, age, height, weight, gender, location, Sports Events and any or all posts and comments to any whiteboard are considered non-confidential, Public Information, and that, therefore, others may read your comments; any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of Playbook Services are those areas that are available either to some or all of our Users (i.e., not restricted to your viewing only) or to the general public.
VII. Users Account/Content/Mobile/Conduct
VII (a) Account
The right to use Playbook Services is personal to you and is not transferable to any other person or entity. When completing our registration process you will create an account and password that will enable you to access and use Playbook Services. You are responsible for protecting and maintaining the confidentiality of your password and account, for restricting access to your computer and for all activities that occur under your account. You are responsible for logging out of your computer if it is accessible to others. You are also fully responsible for all liability and damages resulting from your failure to protect and maintain that confidentiality and all activities that occur through the use of your account and password. You may change your password at any time by following the instructions provided on the Site. You may also set up a new account at your convenience. However, only one account will be issued per email address. You agree to immediately notify us of any unauthorized use of your password and/or account or any other breach of security known to you. You agree that Playbook cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Playbook reserves the right to refuse Playbook Services, terminate your account, and remove or edit your content in its sole discretion
VII (b) Content
You are solely responsible for the photos, profiles (including your name, age, gender, location, height, weight, marital status and image), messages, notes, text, information, and other content (the “Content”) you submit or make available for inclusion through Playbook Services ("User Content") and the consequences of posting or publishing it.
You represent and warrant that you own or otherwise are entitled and control all of the rights to the Content that you submit; that the Content is accurate, not confidential; that use of the Content you supply does not violate the Terms and will not injure or violate the rights of any person or entity; and that you will indemnify Playbook for all claims resulting from Content you supply. You are responsible for complying with all laws applicable to any content that you submit via Playbook Services.
You may not post, transmit, or share content on Playbook Services that you did not create or that you do not have permission to post. In connection with User Content, you represent and warrant that you will not submit User Content that violates these Terms, material contrary to applicable local, national, and international laws and regulations, and that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Playbook to use all trademark, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner intended by Playbook Services and the Terms.
You understand and agree that Playbook may review your Content and because Playbook does not permit infringement of intellectual property rights through Playbook Services, at our sole discretion, we will remove all User Content that infringes on another's intellectual property rights. Playbook may delete or remove (without notice) for any reason or no reason, any Content that in the sole judgment of Playbook violates these Terms, is contrary to applicable local, national, and international laws and regulations, is offensive or illegal, or violates the rights of others. Playbook does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.
You own the information you provide to Playbook Services under these Terms, and may request its deletion at any time, unless you have shared information or Content with others and they have not deleted it, or it was copied or stored by other Users. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on Playbook Services or provide to Playbook. When you submit Content to Playbook Services, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on Playbook Services. By posting Content to any part of Playbook Services, you automatically grant to Playbook an irrevocable, perpetual, non-exclusive, unlimited, assignable, sublicenseable, transferable, fully paid, worldwide, royalty-free right and license to: use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute, reproduce, modify, remove, retain, process, analyze, improve, adapt such content, in any way now known or in the future discovered, for any purpose (commercial, marketing, advertising, or otherwise) and in any medium; prepare derivative works of such content, or incorporate such content into other works; and grant and authorize sublicenses of the foregoing.
Playbook shall not be obligated to maintain your Comments (and your first name and first initial of your last name) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree that you will be solely responsible for the Content of any Comments you make.
VII (b) Mobile
1. We currently provide all Users with a FREE mobile application. Access to certain features of the mobile application is restricted to LITE users. PRO users have full access to all features on the mobile application for $0.99 USD per season, see Section V(a) Fees and Payments Players.
2. You understand and confirm that you are aware that your carrier's normal rates and fees, such as internet and data access fees, will still apply and that you are solely responsible to pay those fees directly to your carrier.
VII (c ) Conduct
Playbook Services are private property. All interactions on Playbook Services must comply with these Terms. Users shall not post or transmit through Playbook Services any material which violates or infringes in any way upon the rights of others. See Section VII(c )(2)(b) (Grounds for Removal, Sanction and/or Suspension). Users shall not use Playbook Services to advertise or perform any commercial, religious, political or noncommercial solicitation, including, but not limited to, the solicitation of users of Playbook Services to become users of other online or offline services directly or indirectly competitive or potentially competitive with Playbook.
The foregoing provisions of this Section VIII(c) apply equally to and are for the benefit of Playbook and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
VII(c )(1) Users Restrictions on Conduct
You represent, warrant and agree that Your Information does not or will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of other Users from Playbook Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from Playbook Services or for any other purpose. You further agree that you may not use Playbook Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair Playbook Services.
VII(c)(2) Grounds for Removal, Sanction and/or Suspension
Notwithstanding any other provision of this Agreement, the following types of actions are causes for immediate removal, repeal and/or suspension or termination of your account:
(a)The use of our Playbook Services to (including, without limitation, eligibility requirements):
(i) “stalk”, harass, harm or intimidate other Users in any way, including restricting or inhibiting other Users from using our Playbook Services; (ii) impersonate any person or entity (including Playbook, Playbook staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device; (iii) disguise the origin of any Public Information that is transmitted to any third party; (iv) post any content that is deceptive or misleading; (v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of the Playbook or Playbook Services; (vi) resell Public Information or access to Public Information; or (vii) collect or store personal data about other Users;
(b) Posting any Public Information or other material:
(i) upload, publish email, transmit or otherwise make available (“posts” or “comments”) any content that we deem to be unlawful, fraudulent, obnoxious, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private emails or contact information about another individual) or public rights, hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Playbook’s express prior, written approval, contains advertising or any solicitation with respect to products or services;
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow Playbook Management instruction or direction;
(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;
(f) Disclose or resell the Private Information of any User of Playbook Services without the permission of that User;
(g) Transmit money to Playbook through financial accounts that are stolen, fraudulent or otherwise unauthorized.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our Playbook Services. Playbook reserves the right to remove any post or other material without warning or further notice. In order to ensure a safe and effective experience for all of our Users, Playbook reserves the right to limit the amount of data that may be accessed by you in any given time period. These limits may be amended in Playbook’s sole discretion from time to time. Playbook does not always monitor any materials posted, transmitted, or communicated to or within Playbook Services. If you believe that something on Playbook Services violates these Terms, please report it as “Abuse” by using Playbook Services. Playbook may, in its sole discretion, investigate the allegation and determine whether to remove the applicable content or take any other action. Playbook has no liability or responsibility to you for performance or nonperformance of such activities.
VII (c )(3)Connections and Interactions with other Users
You are solely responsible for your interactions with other Users. Playbook does not control the information provided by other Users, which is made available through our Playbook Services. You may find other Users' information to be offensive, harmful, inaccurate or deceptive. You may use the ‘Abuse’ or ‘Spam’ features if you experience any inappropriate content. Please use caution and common sense when using our Playbook Services. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
Playbook may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of Playbook Services or otherwise limit your use of Playbook Services. Playbook reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Playbook determines, in its sole discretion, that doing so is necessary to enforce these Terms.
VIII. Playbook Content
The content associated with Playbook Services, including without limitation, the Site, the mobile application, text, images, button icons, software, scripts, graphics, photographs, visual interface, design, computer code, interactive features and the like ("Playbook Content") and the trademarks, service marks, trade names and logos contained therein, except all User Content, are owned by or licensed to Playbook, subject and protected under both United States and foreign copyright, trademark and other intellectual property rights under the law. All Playbook Content is the property of Playbook or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on Playbook Services are the exclusive property of Playbook and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of Playbook Content may violate these laws, and is strictly prohibited. Except as expressly and unambiguously provided herein, Playbook does not grant you any express or implied rights, and all rights in and to Playbook Services and Playbook Content are retained by Playbook.
IX. Communications from Commissioners and Players
IX(a) Commissioner Communications.
You understand that certain communications, such as Commissioners’ service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your Sports Event, are part of our Playbook Services. By using Playbook Services, you expressly agree to receive such communications from Commissioners. Commissioner communications are a necessary part of Playbook Services and may not be disabled.
IX(b) Communications with Players.
By joining and using Playbook Services, you understand and agree that you may receive communications from other Players. Player messages will be relayed to your smart phone and online Playbook User Account through Playbook Services, which does not disclose your personal email address or phone number. Please be aware that Players are not Playbook representatives or agents, and therefore a Player may not enter into contractual relations or obligations on Playbook's behalf. You may manage your subscriptions to Player communications in the Edit Preferences screen, located within your Menu options.
X. Disclosure of User Information.
You acknowledge, consent and agree that Playbook may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with a current judicial proceeding, legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce these Terms; (3) respond to claims that Your Information violates the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; (5) protect the rights, property, or personal safety of Playbook, our Users or the public; and (6) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which these Terms relates, or upon any other corporate reorganization, subject to the promises made in these Terms. Playbook also may disclose any information about you to law enforcement or other government officials as Playbook, in its sole discretion, believes necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
XI. Trademarks; Copyrights; Proprietary Rights
Everything located on Playbook Services is the exclusive property of Playbook or is used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF PLAYBOOK SERVICES WITHOUT THE EXPRESS WRITTEN PERMISSION OF PLAYBOOK IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Playbook Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Playbook Services are protected by copyright as a collective work under the United States copyright laws. Playbook owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download, print, and/or save copyrighted material for User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Playbook or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on Playbook Services otherwise owned or operated in conjunction with Playbook shall not be deemed to be in the public domain but rather the exclusive property of Playbook, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Playbook unless otherwise stated.
You may not upload, post or otherwise make available on Playbook Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Playbook does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of Playbook Services, you warrant that the owner of such material has expressly granted Playbook the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other User to access, view, store or reproduce the material for that User’s personal use. You hereby grant Playbook the right to edit, copy, publish and distribute any material made available on Playbook Services by you.
The foregoing provisions of Section XI apply equally to and are for the benefit of Playbook, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
XI(a) Playbook's Trademarks.
Playbook trademarks and service marks, and other Playbook logos, products and service names, are trademarks of Playbook (the "Playbook Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the Playbook Trademarks without Playbook's prior written consent.
XI(b) Copyrights and Trademarks of Others.
Playbook respects the intellectual property of others, and we ask our users to do the same. To the extent Playbook uses a trademark that is the property of a third party, Playbook shall provide clear notice to anyone viewing Playbook's use of that trademark that (a) Playbook does not own the trademark and that the trademark is the property of a third party, (b) Playbook has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored Playbook's use of the trademark in any way.
Playbook reserves the right to terminate its agreement with any User who repeatedly infringes third-party copyright rights upon prompt notification to Playbook by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via Playbook Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you shall provide Playbook with the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. an identification and location on Playbook Services of the copyrighted work that you claim has been infringed; 4. your name and contact information, such as address, telephone number, and email address; 5. 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; 6. a written statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
XI (c ) Proprietary Rights.
You acknowledge and agree that Playbook Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through Playbook Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Playbook or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Playbook Services, in whole or in part.
You agree to defend, indemnify and hold Playbook, and each of its subsidiaries, affiliates, owners, contractors, directors, officers, agents, vendors or other partners, harmless from any claim or demand, including attorneys' fees and costs, made by any third party due to or arising out of any Content, material or information posted, provided, transmitted or otherwise made available by you on or through Playbook Services, by your violation of these Terms, or by your violation of any third party right, including without limitation any copyright, property, or privacy right.
XIII. Disclaimer of Warranty, Limitation of Damages
PLAYBOOK SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PLAYBOOK SERVICES ARE PROVIDED BY PLAYBOOK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PLAYBOOK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO YOU OR ANY THIRD PATY, AS TO THE OPERATION OF PLAYBOOK SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PLAYBOOK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF PLAYBOOK SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PLAYBOOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO YOU OR ANY THIRD PARTY UNLESS OTHERWISE SPECIFIED IN WRITING. PLAYBOOK DOES NOT WARRANT THAT PLAYBOOK SERVICES, ITS SERVERS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PLAYBOOK SERVICES (OR E-MAIL SENT FROM PLAYBOOK SERVICES) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL PLAYBOOK (OR ITS OFFICERS, AGENTS AND/OR EMPLOYEES) BE LIABLE FOR ANY INCIDENTIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE PLAYBOOK SERVICES OR ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, PRODUCTS LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLAYBOOK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLAYBOOK IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH PLAYBOOK SERVICES TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF PLAYBOOK SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON PLAYBOOK SERVICES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. PLAYBOOK DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, PLAYBOOK DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
PLAYBOOK DOES NOT GUARANTEE THAT PLAYBOOK SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. PLAYBOOK DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, PLAYBOOK DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF PLAYBOOK SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
PLAYBOOK'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH PLAYBOOK SERVICES AND YOUR USE OF ANY CONTENT THEREON, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, PRODUCTS LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE $0.99 USD THAT A PRO USER IS BILLED PER SEASON, EVERY 90 DAYS, FROM THE DATE WHEN SUCH LITE USER DECIDED TO UPGRADE TO A PRO USER UP TO THE DATE WHEN PLAYBOOK BY ITS SOLE DISCRETION DECIDED TO TERMINATE PLAYERS’ ACCOUNT. PLAYBOOK IS NOT LIABLE OR ANY ISSUES ARISING OUT OF OR IN CONNECTION WITH PLAYBOOK SERVICES FOR LITE USERS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU OR ANY THIRD PARTY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU OR ANY THIRD PARTY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN ANY SUCH CASE, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY LAW.
XIV. Storage and Usage
Because Playbook Services’ space is limited, you acknowledge and agree that we may, from time to time, establish general practices and limits concerning your use of Playbook Services, including (but not limited to) the maximum disk space and bandwidth usage allotted to each user. You agree that Playbook shall not be liable for deleting or failing to store any content submitted by you.
If any provision of these Terms are found to be invalid or unenforceable, either in its entirety or by virtue of its scope or application to given circumstances, that provision shall be deemed modified to the minimum extent necessary to render the same valid or as not applicable to the given circumstances, or shall be excised, as the situation may require. All terms and conditions of this Agreement shall be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms and conditions to give them such effect. You agree that these Terms may be assigned by Playbook in its sole discretion. These Terms shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, beneficiaries, successors, and permitted assigns. You agree that, except as otherwise expressly provided herein, there shall be no third party beneficiaries to these Terms.
XVI. Termination of Service
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Playbook Services with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Playbook Services.
XVIII. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Playbook Services, use of Playbook Services, or access to Playbook Services for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit of Playbook.
XIX. Additional Terms.
XIX(b) Entire Agreement
This Agreement (together with the terms incorporated by reference) constitutes the entire agreement between you and Playbook regarding your use of Playbook Services, and supersedes all early version and any prior agreements between you and Playbook for that purpose. To the extent that you have previously registered with us and provided Your Information, this Agreement now governs how Playbook may use Your Information, whether provided in the past or the future. No waiver of any breach of any provision of this Agreement will constitute a waiver of any subsequent breach of the provision or of any other provision.
XIX(c ) No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Playbook is intended or created by this Agreement.
XIX(d) Governing Law.
Except as expressly provided in this Section, (a) this Agreement and the relationship between you and Playbook shall be governed by the laws of the State of Florida, United States of America, without regard to its conflict of law provisions, as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents, and (b) you and Playbook agree hereby to submit to the personal and exclusive jurisdiction and venue in the state and federal courts located in the County of Sarasota, Florida, with respect to any such matters, and you agree to waive any and all objections to jurisdiction and to venue.
Playbook Services are controlled and offered by Playbook in the United States and we make no representation that materials associated with Playbook Services are appropriate or available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access Playbook Services from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.
You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by Playbook, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Playbook's assets, or similar transaction.
XIX(f) No Guaranty
We do not guarantee continuous, uninterrupted or secure access to Playbook Services, and operation of our Site may be interfered with by numerous factors outside of our control.
XIX(g) No Waiver.
Playbook's failure to exercise or enforce any right or provision of this Agreement will not operate and constitute as a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Playbook nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
Playbook may terminate this Agreement at any time. Without limiting the foregoing, Playbook shall have the right to immediately terminate or suspend any passwords or accounts of any User in the event of any conduct by any User or which Playbook, in its sole discretion, considers to be unacceptable, or in the event of any breach by any User of this Agreement.
Sections I (General), VII (User Account/Content/Conduct), X (Disclosure of User Information), XI (Trademarks; Copyrights; Proprietary Rights), XII (Indemnity), XIII (Disclaimer of Warranty, Limitation of Damages), XV (Interpretation), XVI (Termination of Service), XVII (Modifications) and XIX (Additional Terms) will survive any termination or expiration of this Agreement
You and Playbook each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Playbook Services or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.