TERMS OF SERVICE
These are the Terms of Service ("Agreement") for the online and mobile services of The Power Player, Inc. ("The Power Player, Inc.," "PowerPlayer," "we," or "us"), including our website, mobile application ("Mobile Software"), and other online or mobile services we provide now or in the future (collectively, the "Services"). Please read this Agreement carefully before using the Services. By accessing or using the Services, you agree that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the PowerPlayer Privacy Policy, whether or not you are a registered user. This Agreement applies to all visitors, users, and others who access the Services ("Users").
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION-OF-DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SECTION 15).
Jurisdictional scope
PowerPlayer is offered to educational agencies, sports organizations, coaches, athletes, and parents located in the United States and Canada, and is intended for use by data subjects located in the United States and Canada. The Services are not offered to, or intended for, data subjects located in the EU/EEA/UK.
Educational-agency and minor use
Coaches may add athletes, including minors, to teams. For minor athletes, participation is established under a school/parental-consent model, and coach-to-minor communications are visible to the linked parent. Accounts and data for minors are handled as described in the Privacy Policy and, where applicable, under the educational agency's data-privacy agreement. A coach or educational-agency account holder represents that they have the authority and any required consent to add athletes to a team.
Where PowerPlayer is used by or on behalf of an educational agency (such as a school or school district), the educational agency owns the student data and The Power Player, Inc. acts as its service provider/processor under the applicable data-privacy agreement. In the event of any conflict between this Agreement and a signed data-privacy agreement, the data-privacy agreement governs the treatment of student data.
1. Updates to these Terms
The Power Player, Inc. reserves the right, in its sole discretion, to modify or replace this Agreement from time to time; please review this page periodically. When we change the Agreement in a material way, we will update the "effective date" at the top of this page. Your continued use of the Services after any such change constitutes acceptance of the new terms. If you do not agree to any current or future terms, do not use or access the Services.
2. Use of the Services
a. Eligibility. Because we respect the rights of children and parents, you may use the Services only if you can form a binding contract with The Power Player, Inc., and only in compliance with this Agreement and all applicable laws. Minor athletes participate through the school/parental-consent model described above and in the Privacy Policy; direct use by a child outside that structure is not permitted. The Services are not available to any Users previously removed by The Power Player, Inc.
b. PowerPlayer Accounts. To use certain features you must register for an account and select a password and screen name ("PowerPlayer User ID"). You may not select a User ID that we determine to be offensive, vulgar, or obscene. The Power Player, Inc. reserves the right to refuse registration of, or cancel, any User ID or account in its sole discretion. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your password. Each user must maintain their own individual account and must not share login credentials. By signing up, you agree to receive messages from other Users in accordance with the "Group Messaging and Text Messages" section below.
c. Responsibility for Your Account. Users are solely responsible for the activity that occurs on or through their accounts and must keep their passwords secure. You must notify The Power Player, Inc. immediately of any breach of security or unauthorized use of your account.
d. Groups/Teams. The Power Player, Inc. may allow Users to create or join teams/groups to share content and send messages to members. You must obtain any required consent before adding a person to a team/group. Keep any unique access link secure. You can remove yourself by following the instructions in the Services.
e. Control of Your Account. You may control your profile and interactions via your settings. For more on the information we collect, see the Privacy Policy.
f. User Interaction with Other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between Users.
g. Changes to the Services. The Power Player, Inc. may, without prior notice, change the Services, stop providing the Services or features, or create usage limits. We may terminate or suspend access without notice for any reason, including violation of this Agreement.
3. Acceptable Use of the Services
You agree to use the Services only in a manner consistent with the PowerPlayer Acceptable Use Policy and all applicable laws, and not to misuse the Services or the personal information of other Users (including minors). Prohibited conduct includes, without limitation: violating any law or third-party right; uploading unlawful, harassing, or infringing content; attempting to gain unauthorized access to the Services or another User's account; interfering with or disrupting the integrity or performance of the Services; and using the Services to send unsolicited communications outside the intended coach-to-recipient model.
4. Sharing Your Content
a. Your Content. You may post content on the Services, including messages, photos, and other materials ("User Content"). You retain ownership of your User Content.
b. Use of Your Content by Others. Subject to your settings, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, translate, modify, display, and distribute your User Content solely for the purposes of operating and providing the Services to you and our Users. The Power Player, Inc. does not sell User Content or use it for advertising (see the Privacy Policy).
c. Responsibility for Your Content. By posting User Content you represent that you own all rights in it and that it does not violate third-party rights. The Power Player, Inc. may, but is not obligated to, remove User Content that violates this Agreement.
d. Intellectual Property Rights. "Intellectual Property Rights" means all legal rights in intellectual property, including patents, copyrights, trademarks, trade dress, trade secrets, publicity rights, and name/likeness rights, under the laws of any jurisdiction. e. Feedback. If you submit ideas or feedback about the Services, you agree we may use it without restriction or compensation.
5. Our Content
a. PowerPlayer Content. Except for User Content, the Services and all Intellectual Property Rights therein are the exclusive property of The Power Player, Inc. and its licensors. You may not sell, license, copy, modify, or create derivative works from PowerPlayer Content except as expressly permitted. "PowerPlayer" / "POWERPLAYER" and related graphics, logos, and names are trademarks or trade dress of The Power Player, Inc. protected under U.S. and other laws and may not be used in a manner likely to cause confusion.
b. License. Subject to this Agreement, The Power Player, Inc. grants you a license to use the Services as expressly permitted by their features. We may terminate this license at any time.
c. Feedback You Provide. As in Section 4(e), feedback is provided without restriction or compensation.
6. Group Messaging and Text Messages on the Services
a. Overview. The Power Player, Inc. may allow you to send messages through the Services to other Users. PowerPlayer's communication model is one-way coach-to-recipient developmental feedback; recipients acknowledge or ask a question rather than reply in a back-and-forth thread. For minor athletes, coach-to-minor messages are visible to the linked parent. You must obtain express consent before adding any non-User to a team/group. Standard messaging rates may apply and are your responsibility.
b. Opting Out. To stop administrative text messages, text "STOP" to the number you received the message from, or email support@thepowerplayer.com. Opting out does not remove you from a team/group; follow the in-Service instructions to leave.
7. Copyright Policy (DMCA)
The Power Player, Inc. requires Users to respect the intellectual-property rights of others and will terminate repeat infringers where warranted. To submit a notice under the Digital Millennium Copyright Act (DMCA), provide, in writing: (a) identification of the copyrighted work; (b) identification of the infringing material with enough detail to locate it; (c) your contact information (name, address, phone, email); (d) a good-faith-belief statement; (e) a statement under penalty of perjury that the information is accurate and that you are authorized to act; and (f) your physical or electronic signature.
Submit DMCA notices to:
Attn: DMCA Agent
The Power Player, Inc.
7 Austin Street
Buffalo, New York 14207
Email: DMCA@thepowerplayer.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES. This procedure is intended to comply with The Power Player, Inc.'s rights and obligations under the DMCA (17 U.S.C. §512(c)) and does not constitute legal advice.
8. Privacy
We care about the privacy of our Users. By using the Services you consent to the collection, use, and disclosure of your information as set forth in our Privacy Policy, and to have your personal information collected, used, and processed in the United States.
Where PowerPlayer is used by or on behalf of an educational agency, the educational agency owns the student data and The Power Player, Inc. acts as its service provider/processor under the applicable data-privacy agreement. In the event of any conflict between this Agreement and a signed data-privacy agreement, the data-privacy agreement governs the treatment of student data.
9. Mobile Software
a. Our Mobile Software. We make Mobile Software available to access the Services on a compatible mobile device. The Power Player, Inc. grants you a non-exclusive, non-transferable, revocable license to use a compiled copy of the Mobile Software for one PowerPlayer account on device(s) you own or lease, for your personal use. You may not: (i) reverse engineer the Mobile Software except as permitted by law; (ii) rent, lease, resell, sublicense, or transfer it; (iii) copy it except as expressly permitted; (iv) circumvent its security or usage-limiting features; or (v) remove proprietary notices. You consent to automatic upgrades, to which this Agreement applies. The license is not a sale; The Power Player, Inc. and its suppliers retain all rights. The Mobile Software originates in the United States and is subject to U.S. export laws; you agree to comply with all applicable export/import laws. Standard carrier data charges may apply.
b. Mobile Software from the Apple App Store. For software acquired from the Apple App Store: this Agreement is between you and The Power Player, Inc., not Apple, and Apple has no responsibility for the software or its content. Your use must comply with the App Store Terms of Service. Apple has no maintenance or support obligation; in the event of a warranty failure, Apple may refund the purchase price, with no other Apple warranty obligation. Apple is not responsible for product-liability, regulatory-conformance, or consumer-protection claims regarding the software; such claims are governed by this Agreement and applicable law. For third-party intellectual-property-infringement claims regarding the software, The Power Player, Inc. (not Apple) is responsible to the extent required by this Agreement. Apple and its subsidiaries are third-party beneficiaries of this Agreement as it relates to your license of the App Store software and may enforce it against you.
10. Indemnity
You agree to defend, indemnify, and hold harmless The Power Player, Inc., its parents, subsidiaries, agents, affiliates, customers, vendors, officers, and employees from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: (i) your use of the Services; (ii) your violation of this Agreement; (iii) your violation of any third-party right, including privacy or Intellectual Property Rights; (iv) your violation of any law; or (v) any claim arising from your User Content or content submitted via your account.
11. No Warranty
THE SERVICES, INCLUDING ALL CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE POWER PLAYER, INC., ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE OR RELIABLE; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF HARMFUL COMPONENTS.
Educational-agency carve-out. Nothing in this Section limits or disclaims the specific data-security, privacy, and data-handling commitments The Power Player, Inc. makes to an educational agency under an applicable data-privacy agreement, which govern where student data is concerned.
12. Third-Party Links, Sites and Services
The Services may contain links to third-party sites not owned or controlled by The Power Player, Inc. We are not responsible for the availability, content, or practices of such sites, and this Agreement and our Privacy Policy do not apply to them. Review the terms and privacy policy of any third-party site you visit.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE POWER PLAYER, INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF ADVISED OF THE POSSIBILITY. (This general cap does not limit any liability The Power Player, Inc. expressly accepts under an educational-agency data-privacy agreement, which controls for student data.) THE FOREGOING APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
The Services are controlled from facilities in the United States. Those who access the Services from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.
14. Termination
The Power Player, Inc. may terminate or suspend the Services and/or your account immediately, without prior notice or liability, for any reason, including breach of this Agreement. Upon termination, your right to use the Services ceases. To terminate your account, email support@thepowerplayer.com with "Terminate account" in the subject line, or write to:
Customer Support
The Power Player, Inc.
7 Austin Street
Buffalo, New York 14207
Educational-agency data on termination. On termination of an educational-agency engagement, student data is returned or disposed of as required by the applicable data-privacy agreement (for example, within 90 days under New York Education Law §2-d), and The Power Player, Inc. certifies disposal as that agreement requires. Provisions that by their nature should survive termination (including ownership, warranty disclaimers, indemnity, and limitations of liability) survive.
15. Governing Law and Arbitration
a. Governing Law. This Agreement is governed by the internal substantive laws of the State of New York, without regard to conflict-of-laws principles; the U.N. Convention on Contracts for the International Sale of Goods is excluded. You agree to submit to the personal jurisdiction of the state courts in Buffalo, New York, or the U.S. District Court for the Western/Northern District of New York, for actions in which we seek injunctive or equitable relief to protect our intellectual property or proprietary rights. For educational-agency customers, the governing-law, dispute-resolution, and data-handling terms of the applicable data-privacy agreement control over this Section to the extent they conflict, consistent with the priority-of-agreements provision of that agreement.
b. Arbitration. For any dispute, you agree first to contact support@thepowerplayer.com and attempt informal resolution. If unresolved, the parties agree to resolve any claim (excluding claims for injunctive/equitable relief) by binding arbitration under the American Arbitration Association's Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. Unless agreed otherwise, arbitration is conducted in the county where you reside. Each party pays its AAA fees per AAA rules. Nothing in this Section prevents either party from seeking injunctive relief for infringement or violation of data-security, IP, or proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, NOT AS A CLASS OR REPRESENTATIVE PROCEEDING. YOU AND THE POWER PLAYER, INC. EACH WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
16. Miscellaneous
a. No Agency; Waiver. No agency, partnership, joint venture, or employment is created by this Agreement. A failure to exercise any right is not a waiver of further rights.
b. Notifications. The Power Player, Inc. may provide notices via email, in-app push notification, hard copy, or posting on the Services. Add noreply@thepowerplayer.com to your address book to help ensure delivery.
c. Entire Agreement / Severability. This Agreement, with any amendments and additional agreements, is the entire agreement between you and The Power Player, Inc. concerning the Services. If any provision is unenforceable, it is limited or eliminated to the minimum extent necessary, and the rest remains in effect.
d. Assignment. You may not assign or transfer this Agreement without our prior written consent. The Power Player, Inc. may assign or delegate it without consent, subject to any applicable data-privacy-agreement transfer restrictions for student data.
e. Contact. Contact us at support@thepowerplayer.com with any questions regarding this Agreement.