Terms of Service
Gameplay Terms of Service
- Contractual Relationship
These Terms of Use ("Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services (the "Services," as more fully defined below in Section 3) made available in the United States and its territories and possessions by GamePlay, Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “ GamePlay"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND GAMEPLAY. In these Terms, the words "including" and "include" mean "including, but not limited to.".
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. GamePlay may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GAMEPLAY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on Gameplayus.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
GamePlay may amend the Terms from time to time. Amendments will be effective upon GamePlay’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
If GamePlay changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing GamePlay written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o GamePlay, Inc. (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: something@Gameplayus.com
In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
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The Services
League
GamePlay is a California corporation (GamePlay, Inc.) that operates a sports league based in California based on the following rules of play.
Soccer (AYSO Soccer League Rules)
Baseball (Little League Rules)
Basketball (USA Basketball Rules)
https://www.usab.com/youth/development/youth-guidelines-rules-and-standards.aspx
We reserve the right to deny play for any player or team that does not follow those rules. However, we can make exceptions to adapt our rules of play if this safely encourages interleague play (i.e. Pony rules https://docs.google.com/document/d/1OxT9D-aaSbuI2slTcOXfNnzVmSGYCUWAwaUxLmuLH5k/edit vs Little League Rules).
The primary purpose of our league is significantly increase local affordable play opportunities for all California kids-we believe will achieve that purpose by
- We will provide structured schedules for those teams which will include consistent play for over 2-3 months including league schedules and standings and tournament championships within a 5 mile geographic range. However, teams may choose to opt out of structured schedules and play
- We generally don’t restrict our teams to participate in other sports leagues. However, other sports league play outside of the GamePlay league is not supervised, regulated or sanctioned by the GamePlay league.
- Providing a highly flexible just in time feature to play, to find other teams to play, players and teams and referees to find each other.
General
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange field bookings, team building and logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with GamePlay or certain of GamePlay affiliates ("Third Party Providers"). Unless otherwise agreed by GamePlay in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
License.
Subject to your compliance with these Terms, GamePlay grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by GamePlay and GamePlay’s licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by GamePlay; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership.
The Services and all rights therein are and shall remain GamePlay property or the property of GamePlay licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner 's GamePlay’s company names, logos, product and service names, trademarks or services marks or those of 's GamePlay’s licensors.
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Access and Use of the Services
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to GamePlay certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by GamePlay.
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by GamePlay in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18 unless accompanied by an adult. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. If you fail to comply with these Terms (including policies and supplemental terms), you may be denied access to or use of the Services and GamePlay may charge you a cancellation fee for a transaction that could not be completed because of your failure to comply with these Terms.
In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. GamePlay does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- Payment
GamePlay may charge fees to Hosts (" Host Fees ") and/or Guests (" Guest Fees ") (collectively, " Service Fees ") in consideration for the use of the GamePlay Platform.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. GamePlay reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). GamePlay will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee or processing fees.
All Charges and payments will be enabled by GamePlay using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that GamePlay may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by GamePlay.
As between you and GamePlay, GamePlay reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in 's GamePlay’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand.
GamePlay will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. GamePlay may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and GamePlay will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider.
GamePlay will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to GamePlay or its affiliates, where GamePlay is solely liable for any obligations to Third Party Providers.
In such cases, you retain the right to request lower Charges from GamePlay for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and GamePlay will respond accordingly to any request from you to modify the Charges for a particular service or good.
Repair, Cleaning or Lost and Found Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of athletic facilities and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by GamePlay in GamePlay’s reasonable discretion, GamePlay reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by GamePlay to a Third Party Provider, if applicable, and are non-refundable.
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Terms specific for Hosts
- Terms applicable to all Listings
- When creating a Listing through the GamePlay Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by GamePlay. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
- You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
- Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
- Pictures, animations or videos (collectively, " Images") used in your Listings must accurately reflect the quality and condition of your Host Services. GamePlay reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
- The placement and ranking of Listings in search results on the GamePlay Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
- When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
- GamePlay recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
- Listing Accommodations
- Unless expressly allowed by GamePlay, you may not list more than one Accommodation per Listing.
- If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the GamePlay Platform.
- As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
- Co-Hosts
- GamePlay may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”).
Any agreement formed between Host and Co-Host may not conflict with these Terms. Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by - GamePlay. GamePlay reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage. - Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts remain solely responsible and liable for any and all Listings and Member Content published on the GamePlay Platform, including any Listing created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co-Host Services.
- Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that GamePlay (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Guest information related to the applicable Host’s Listing(s).
- As a Co-Host, you will not be reviewed by Guests, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Host’s conduct and performance.
- Terms applicable to all Listings
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Ratings and Reviews
- Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of - GamePlay. Ratings and Reviews are not verified by GamePlay for accuracy and may be incorrect or misleading
- Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language.
- Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
- Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the GamePlay Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
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Prohibited Activities
- You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the GamePlay Platform. In connection with your use of the GamePlay Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms.
- use the GamePlay Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies GamePlay endorsement, partnership or otherwise misleads others as to your affiliation with GamePlay;
- copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the GamePlay Platform in any way that is inconsistent with ’s Terms or that otherwise violates the privacy rights of Members or third parties;
- use the GamePlay Platform in connection with the distribution of unsolicited commercial messages ("spam").
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the GamePlay Platform;
- unless GamePlay explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the GamePlay Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the GamePlay Platform to request, make or accept a booking independent of the GamePlay Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the GamePlay Platform or GamePlay Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold GamePlay harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the GamePlay Platform or Collective Content, or any individual element within the GamePlay Platform, GamePlay’s name, any GamePlay trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the GamePlay Platform, without GamePlay’s express written consent;
- dilute, tarnish or otherwise harm the GamePlay brand in any way, including through unauthorized use of Collective Content, registering and/or using GamePlay or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to GamePlay domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the GamePlay Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by GamePlay or any of GamePlay’s providers or any other third party to protect the GamePlay Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the GamePlay Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- You acknowledge that GamePlay has no obligation to monitor the access to or use of the GamePlay Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the GamePlay Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist GamePlay in good faith, and to provide GamePlay with such information and take such actions as may be reasonably requested by GamePlay with respect to any investigation undertaken by GamePlay or a representative of GamePlay regarding the use or abuse of the GamePlay Platform.
- If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to GamePlay by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
You may not use the - GamePlay Payments service for activities that:
- violate any law, statute, ordinance or regulation.
- relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law.
- relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the following Money Service Business Activities: the sale of traveler's cheques or money orders, currency exchanges or cheque cashing, or (g) provide certain credit repair or debt settlement services.
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
- violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
- involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes.
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on the Service
- You agree not to upload, post or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- You agree not to upload, post or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes).
- You agree not to upload, post or otherwise transmit any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
- You agree not to upload, post or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- You agree not to use an account name, file or directory name, or third level domain (i.e., aaa.GamePlayus.com), or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party's products or services.
- You agree not to attempt to disguise the origin of any User Content transmitted to the Service.
- You agree not to act in any manner that negatively affects other users' ability to use the Service.
- You agree not to impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- You agree not to post content that would be harmful to minors in any manner.
- You agree not to intentionally create and/or log in with multiple accounts.
You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Service Services or to breach security or authentication measures.
- Unauthorized monitoring of data or traffic on the Service.
- Interference with the Service Services including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
- Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
- Using manual or electronic means to avoid any use or access limitations placed on this Service.
Notwithstanding anything to the contrary in this Conduct Policy, GamePlay reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Services or its systems, equipment or network. GamePlay further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any content that violates these provisions or that GamePlay deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in the GamePlay Privacy Policy, GamePlay reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if GamePlay suspects you have violated this Conduct Policy or any law or regulation. GamePlay also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. - User Content
You are legally responsible for all data, content or other information ("User Content") uploaded, posted or stored through your Account or on your Organization Site or otherwise through your use of the Services. You are responsible for any User Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure.
GamePlay does not control the User Content posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such content. GamePlay reserves the right, in its sole discretion, without notice at any time, to (a) review the User Content posted via the Services; (b) edit, remove or refuse to post any User Content, in whole or in part, for any or no reason in ’s GamePlay’s sole discretion; (c) take any action with respect to any User Content that we deem necessary or appropriate in ’s GamePlay’s sole discretion, including if we believe that such
User Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for GamePlay; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, your violation of these Terms of Service or any other agreement between you and GamePlay.
GamePlay claims no intellectual property rights over the User Content you provide to the Services. Your User Content remain yours. However, you grant to GamePlay and its related companies, affiliates and partners an irrevocable, worldwide, royalty-free license to (a) host, use, copy, store, distribute, publicly perform and display, modify, and create derivative works of (such as changes we make so that your content works better with the Services) such User Content as necessary to provide, improve and make the Services available to you and other users, including through any future media in which the Services may be distributed, (b) use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including for use in improving the Services or in marketing and business development purposes), (c) use any User Content that has been de-identified for any product development, research or other purpose (including after termination of your use of the Services), and (d) use any User Content for other purposes permitted by the GamePlay Privacy Policy. You are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing license to the User Content.
In connection with any User Content, you represent and warrant the following:
- If you are an Organization or Team that uses GamePlay to perform Services on your behalf, you agree that you are solely responsible for posting all applicable privacy policies or notifications on your Organization Site, for making all appropriate disclosures to visitors to your Organization Site and to other end users whose information you collect, and for obtaining any necessary consent(s) from such individuals, with respect to your collection and use of personal information and including your disclosure of user personal information to service providers such as GamePlay.
- If you are an Organization or Team that uses GamePlay to perform Services on your behalf and you collect personal information from individuals, you acknowledge and agree that you will not collect or cause to be collected and shared with GamePlay or hosted on GamePlay' servers certain types of personal information that could trigger state breach notification laws in the event the information is accessed by an unauthorized person, including, but not limited to, social security, driver's license, bank account or credit card numbers, unless such information is provided to GamePlay in a system specifically designed to protect and store such information. If such information is shared with GamePlay or hosted on GamePlay’ servers in a manner that GamePlay deems to be insecure, GamePlay has the right, but not the obligation, in its sole discretion to delete and remove any personal information stored on its systems that it deems to be stored in an unsecure manner. In the event that an incident of unauthorized access or disclosure of such data triggers state breach notification laws because of your breach of this section, you agree that you will be wholly responsible for the timing, content, cost and method of any such notice and compliance with such laws.
- Rental Transactions Between Members and Facility Owners
As a Member, you agree to abide by the following Member policies:
You agree to be bound by and comply with any additional terms, conditions and policies provided by the Facility Owner relating to the use of a specific Facility, including compliance with building security procedures, IT access and use procedures, maximum occupancy limitations, legal terms, and other terms or procedures provided by the Facility Owner (“Facility Policies”). The Facility Policies may be provided in electronic format through the Service or in hardcopy format. You may not use the Facility to carry out any illegal activities or use the Facility in violation of law.
You are responsible for leaving the Facility in the condition that it was given to you. You may be held liable for the repair cost for all damage to the Facility and items therein during your use thereof.
You acknowledge that the Service is a forum to allow anyone to find, schedule time in, rent, offer to rent, and make available workspace. Your transactions, communications and interactions with any other Users, including transactions, communications and interactions initiated through the Service, are solely between you and such Users, and you are solely responsible for such transactions, communications and interactions. You acknowledge that GamePlay does not offer workspace rentals and GamePlay does not act as an agent for any Facility Owner or any Member. Instead, GamePlay provides the Service to allow Members and Facility Owners to transact and communicate directly with one another. GamePlay may, but has no obligation, to monitor disputes between you and any other Users relating to the Service. To the maximum extent permitted by applicable law, GamePlay is not responsible or liable in any manner for any loss or damage arising out of your transactions, communications and interactions with any other Users and you hereby release GamePlay from any and all claims, causes of actions, obligations or liabilities arising from or relating to such transactions, communications and interactions.
- App Stores
You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that these Terms are between you and GamePlay, and do not involve the App Store company. GamePlay, not the App Store, is solely responsible for the App, including the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance and intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store company and its subsidiaries are third-party beneficiaries of the Terms and will have the right to enforce them.
Privacy
Refer to GamePlay’s Privacy Policy to understand how - GamePlay collects, uses and discloses your personal information. Organizations and Teams agree to use any Player or Household Member information that is collected through or stored within the Services in a manner that is consistent with the Privacy Policy and to provide at least the same level of protection for personal information as that provided by - GamePlay.
- Term and Termination, Suspension and other Measures
- This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or GamePlay terminate the Agreement in accordance with this provision.
- You may terminate this Agreement at any time by sending us an email. If you cancel your GamePlay Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your GamePlay Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
- Without limiting our rights specified below, GamePlay may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
- - GamePlay may immediately, without notice, terminate this Agreement and/or stop providing access to the GamePlay Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) GamePlay believes in good faith that such action is reasonably necessary to protect the personal safety or property of GamePlay, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
- In addition, GamePlay may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the GamePlay Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or GamePlay otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) GamePlay believes in good faith that such action is reasonably necessary to protect the personal safety or property of GamePlay, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the GamePlay Platform;
- temporarily or permanently revoke any special status associated with your GamePlay Account;
- temporarily or in case of severe or repeated offenses permanently suspend your GamePlay Account and stop providing access to the - GamePlay Platform
- If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
- When this Agreement has been terminated, you are not entitled to a restoration of your GamePlay Account or any of your Member Content. If your access to or use of the GamePlay Platform has been limited or your GamePlay Account has been suspended or this Agreement has been terminated by us, you may not register a new GamePlay Account or access and use the GamePlay Platform through an GamePlay Account of another Member.
- No High Risk Use
You may not use the Service in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage (“High Risk Use”). High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug and Cosmetic Act. - COVID-19 Liability Release Waiver
The World Health Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets, the government has set recommendations, guidelines, and some prohibitions which MHOSC, LLC. (the "Organization") adheres to comply.
In consideration of the use of any facility you acknowledge and agree to the following: - You are aware of the existence of the risk on my physical appearance to the venue and my participation to the activity of the Organization that may cause injury or illness such as, but not limited to Influenza, MRSA, or COVID-19 that may lead to paralysis or death.
- You have not experienced symptoms that of fever, fatigue, difficulty in breathing, or dry cough or exhibiting any other symptoms relating to COVID-19 or any communicable disease within the last 14 days.
- You have not, nor any member(s) of my household, traveled by sea or by air, internationally within the past 30 days.
- You have not, nor any member of my household, visit any area within the United States that was reported to be highly affected by COVID-19, in the last 30 days.
- You have not been, nor any member(s) of my household, diagnosed to be infected of COVID-19 virus within the last 30 days.
- Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." GAMEPLAY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GAMEPLAY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GAMEPLAY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
GAMEPLAY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF GAMEPLAY, EVEN IF GAMEPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GAMEPLAY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF GAMEPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GAMEPLAY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GAMEPLAY’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GAMEPLAY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON GAMEPLAY’S CHOICE OF LAW PROVISION SET FORTH BELOW. Indemnity.
You agree to indemnify and hold GamePlay and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Third Party Providers.
- Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise.
These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to GamePlay’s designated agent.
General.
You may not assign these Terms without GamePlay’s prior written approval. GamePlay may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of GamePlay’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, GamePlay or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
GamePlay’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GamePlay in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by - GamePlay and an opportunity to resolve the issue to GamePlay’s reasonable satisfaction.
Based on the above, you am fully and personally responsible for your own safety and actions while and during may participation and I recognize that I may be in any case be at risk of contracting COVID-19.
With full knowledge of the risks involved, You hereby release, waive, discharge the GamePlay, Inc and any Organization, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by me related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19.
You agree to indemnify, defend, and hold harmless the Organization from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to COVID-19.
Though your use of the facility, you acknowledge that you have read term is of use and COVID-19 Liability Waiver Release and understand its contents; that you are at least eighteen (18) years old and fully competent to give my consent;
That you have been sufficiently informed of the risks involved and give your voluntary consent by obtaining the use of the facility as your own free act and deed