Terms & Conditions
Welcome, and thank you for your interest in myAgame LLC. (“myAgame”, “MAG”,“we”, or “us”) and our Web site at www.myagame.net and app.myagame.net (the “Site” and “App”), as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet, iPad, and smartphone applications), and other services provided by us and on which a link to these Terms and Conditions is displayed (collectively, together with the Site, or our “Service”). These Terms and conditions are a legally binding contract between you and myAgame regarding your use of our Services and if applicable the myAgame End-User License Agreement, (EULA).
These Terms and Conditions provide that all disputes between you and myAgame will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with myAgame.
1. myAgame Service Overview. Using an effortless digitization process, MAG takes a conventional paper playbook into the mobile space and gamified learning. We capture the real-time interaction and results of each athlete to verify their game play knowledge. MAG creates a digital environment where information is shared between athletes, teammates and coaches. Other software solutions do not offer the ability for interactive coaching during all of the stages of learning a new EDIT THIS SECTION playbook. MAG has the unique opportunity to provide immediate feedback and coaching after an athlete moves their position through the intricacies of each play. In addition to creating a digital solution for the coaching staff of an organized sport, MAG seeks to add a gamification element to the memorization of plays. It will be a software application that utilizes game-design elements to promote the learning experience through simulation. This is a popular approach for the medical field where interactive training is becoming more common as new technology and software become available. My intent is to introduce the same approach as a customized option for the coaching staff in how they teach their playbook.
2. Eligibility. Use of Services is void where prohibited. By using the Services, you represent to us that (a) any registration information that you submit is truthful, accurate and otherwise owned by (or licensed to) you; and (b) your use of the Services does not violate any applicable law or regulation.
3. User Account and Registration. To access features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support.myagame.net
4. Payment. If you are a school, club or sports affiliated agency, you may be required to pay fees (excluding any permitted promotional trial period) in order for your Coaches and Athletes to access the Service, or to certain features of the Service. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged, including any periodic charges. All fees are in U.S. Dollars and are non-refundable. myAgame will either charge the payment method you specify at the time of purchase (partial or full payment), or invoice you for your selection. You authorize myAgame to charge all sums described herein to such payment method. Payment of any invoice is due within 30 days after the date of the invoice. myAgame may change the fees for the Service, or the fees for any feature of the Service, at any time, and upon your renewal of your subscription or other subsequent purchase of any service from myAgame, you will be charged the applicable then- current fees. Please contact us for current pricing.
5. User Content.
• User Content Generally. Certain features of the Service may permit users to post content, including messages, photos, images, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in User Content that you post to the Service Except as provided in the EULA or in this Agreement.
• Limited License Grant to myAgame. By posting or publishing User Content, you grant myAgame a worldwide, non-exclusive, royalty-free right and license (with the right sublicense) to host, store, transfer, display perform reproduce, modify, and distribute your User Content, in whole or in part, in connection with making the Service available to you and other users of the Service. Any such use of your User Content by myAgame may be without any compensation paid to you.
• Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.
• User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By Posting and publishing User Content, you affirm, represent, and warrant that:
i. you are the creator and owner of, or have the necessary licenses, rights, contents, and permissions to use the authorized myAgame and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this section 5 and in the manner contemplated by myAgame and these Terms; and
ii. your User content, and the use thereof as contemplated herein, does not and will not; (a) infringe, violate, or misappropriate any third-part right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander defame libel or invade the right of privacy, publicity or other property rights of any other person.
• User Content Disclaimer. We reserve the right to remove any content that you submit, publish or display on the Site or transmit to other users and/or users of the Site (hereinafter, “Posted Content”) in our sole discretion. We are not, however, responsible for any failure or delay in removing Posted Content. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against myAgame with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which reserve the right to do at any time and without notice. For clarity, myAgame does not permit copyright-infringing activities on the Service.
6. Digital Millennium Copyright Act.
• DMCA Notification. myAgame has adopted and complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. 512, and amended). If you have any intellectual property complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address: PO Box 14054 Milwaukee St. Madison, WI. 53708 or at firstname.lastname@example.org Any notice of alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. identification of the material that is claimed to be infringing or to be the subject of infringing activity an that is to be removed or accessed which is to be disabled, and a description of where the material that you claim is infringing is located;
iv. your address, telephone number, and if available, email address;
v. a 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
vi. a 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.
vii. Repeat Infringers will promptly be terminated from Services of myAgame.
7. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO POST CONTENT THAT:
• use the Service for illegal purpose, or in violation of any local, state, national, or international law;
• violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third-party intellectual property rights;
• post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, bullying, embarrassing, hateful, or otherwise inappropriate;
• interfere with security-related features of the Service, including without limitation by (a) disabling or circumventing features that prevent or limit use or copy of any content, or (b) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such is expressly permitted by applicable law;
• interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (b) making unsolicited offers or advertisements to other users of the Service, (c) attempting to collect personal information about users or third parties without their consent; or (d)interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
• perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, assessing the Service accounts of others without myAgame express permission, or falsifying your age or date of birthday;
• sell or otherwise transfer the access granted herin or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Materials; or
• attempt to do any of the foregoing in this Section 7, or assist or permit any persons in engaging in any of the activities described in this Section 7.
8. Third-Party Services and Linked Websites. The Services may contain links to third-party websites or resources. We provided these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
9. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically and myAgame will not be obligated to refund any fees you have paid. Additionally, myAgmae, in its sole discretion may suspend your access to the Service at any time, with or without notice, if it suspects a violation of any provision in these terms. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without advance notice to you. If myAgame discontinues the Service, myAgame will provide you a pro-rata refund of unused subscription or other fees received by myAgame for your use of the discontinued Service. Otherwise, myAgame will have nothing whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account and time by contacting customer service at support@myAgame.net. If you terminate your account, you will remain obligated to pay all outstand fees, if any relating use of the Service incurred prior to Termination.
• Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features Service that we may post on or link to on the Service (the “Additional Terms”), such as end-user license agreements for any downloadable application that t offer, or rules applicable to particular features or content on the Service, Subject to Section 11. All such Additional Terms are hereby incorporated by reference and made a part of, these Terms.
i. Sub-Teams. Each Team is permitted to subclassify into “Sub-Teams.” The number of Sub-Teams per account shall be as follows:
1. Club & Youth: 1 Team per Account; 0 Sub-Teams. For example, a Football Team for 10U is a different subscription unit from 14U under the same team umbrella
2. High School: 1 Team per Account; 4 Sub-Teams. For example, a Boys’ Football Team, varsity is a different subscription unit from junior varsity and junior varsity from sophomore and sophomore from freshman under the same team umbrella
11. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms per changes. In the event that a change to these Terms materially modifies your rights or obligations, you will be asked to accept such modified terms in order to continue to use the Service. Material modifications will be effective upon your acceptance of such modified Terms immaterial modifications are effective upon publication. For avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time that either myAgame or you receive written notice of the dispute.
12. Ownership; Proprietary Rights. The Service is owned and operated by myAgame. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by myAgame are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are property of myAgame or our third-party licensors. Except as expressly authorized by myAgame, you may not make use of the Materials. myAgame reserves all rights to the Materials not granted expressly in these Terms.
13. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless myAgame and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “myAgame Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (a) your access to, use of, or alleged use of the Service; (b) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
14. Disclaimers; No Warranties. WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILAVLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LA, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SCERVICES AND THE SITE, INCLDING WITHOUT LIMITATION ANY WARARANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE O NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL E EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENT. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MYAGAME MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCITED WITH TRANSMISSION OF SENSITIVE INFROMATION. MY AGAME DOES NOT WARRANT THAT THE SITEE OR THE SERVICES WILL OPERATE ERROR FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
15. Limitation of Liability. NEITHER myAgame NOR ANY OTHER party involved in creating, producing or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFETS, LOSS OF DATA OR GOOD WILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS of from the use OF or inability to use the Services or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and wether or not myAgame has been informed of possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEEREIN IS FOUND TO HAVE FAILED OF ITS ESENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCRIDENTAL DAMAGES, SO THE AVOBE LIMITATION MAY NOT APPLY TO YOU.
17. Contact Information. The Service is offered by myAgame, LLC. Located at PO Box 14054 Madison, WI. 53708. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com.