Thanks for using Playpass
By using Playpass or by creating an account, you are agreeing to these Terms. This is a legal agreement, and will be written in English
Here are a few definitions to help you understand this agreement. Playpass (the “Service” or "Services") is a platform for sports activities offered through the URL playpass.com including all subdomains like thewire.playpass.com (we’ll refer to both as the “Website”).
Playpass lists many activities related to sports that can include a league, event, tournament, adventure, camp, class, ticket, tour, training (all will be referred to as “Activity” or “Activities”) by different sports organizers (“Organizer”). On Playpass a person (“Player” or “User”) can sign up for any Activity online, pay for it, and receive updates from Organizer of the Activity.
When we say "we", "us", "our" and "Playpass" we're referring to Playpass Inc, a Delaware corporation. Playpass has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”).
In order to use Playpass as a User, you must:
- be at least 13 years old;
- complete the registration process; and
- agree to the Terms.
In order to use Playpass as an Organizer, you must:
- be at least 18 years old and able to enter contracts;
- complete the registration process;
- agree to the Terms;
- provide true, complete and up to date contact information; and
- provide a valuable experience for Users.
By using Playpass, you represent and warrant that you meet all the requirements listed above, and that you won’t use Playpass in a way that violates any laws or regulations. Playpass may refuse service, close accounts of any Users or Organizers, and change eligibility requirements at any time.
The Term begins when you sign up for Playpass and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Playpass on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Playpass may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund any unused credit. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your Activities from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
6. Organizer Account Disputes
For Organizers: we don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the initial setup of the account and contact information listed for that account.
7. Organizer Monthly Plans
For Organizers: Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the "Pay Date").
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
9. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide Playpass (proprietary rights include patents, trademarks, service marks, and copyrights). You may only use our brand assets for news articles or if given express permission.
10. Proprietary Rights Owned by You
12. Information We Collect
13. Limitation of Liability
For Organizers: to the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
14. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
16. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
17. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
18. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
21. Choice of Law
22. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
26. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
27. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
28. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
29. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Email distribution lists (each a "List"), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do it.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website.
31. Entire Agreement
Congratulations! You’ve reached the end. Thanks for taking the time to learn about Playpass’ policies. We owe a debt of gratitude to Mailchimp and their awesomely readable Terms which helped shape our own.
updated July 1, 2014