Terms & Conditions
AllPlayers Network, Inc., a Texas corporation (“APN”), sites have been developed to assist schools, camps and military bases with their extracurricular activities needs. We provide a platform that empowers users to organize, communicate, engage, document, track and report on all activities associated with the school or base, including students, athletes, fans and guardians.
WHAT YOU WANT TO KNOW:
The Site is for the use of its members only and may solely be used in a manner that is specifically authorized, endorsed or approved by the management of APN, pursuant to agreements between APN and its members. Illegal and/or unauthorized use of the website is prohibited, and when appropriate turned over to authorities. APN will take appropriate legal action for any illegal or unauthorized use of the website.
APN INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable or otherwise legally protectable elements of the Site, and the selection, sequence, “look and feel” and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the “Material”) are the property of APN and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. APN hereby grants you a non-exclusive, non-assignable and non-transferable license to use and display, for authorized uses, Material, including, without limitation, any files, codes, audio or images incorporated in or generated by the Site provided that you maintain (without alteration) all copyright and other notices contained. You further agree that where specifically noted on this Site or in connection with any Material, you will use such Material, as the case may be, in accordance with such specific terms and instructions. Unless authorized by APN, you acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or Material and that no title to any Material has been or will be transferred to you from APN or anyone else. Unless authorized by APN, you agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of APN. Use of APN’s and/or its licensors’ Material is only permitted with their express written permission or as authorized by APN. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify software or Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.
REGISTRATION AND PASSWORDS
Membership in the Site and its related services are void where prohibited. You are responsible for maintaining the confidentiality of your login ID and password (your “Registration”). You are responsible for all uses of your Registration, whether or not authorized by you. By using the Site and its service, you represent and warrant that all Registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Site shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your membership is solely for your use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content provided, published or displayed through your account, including any email messages, and for your interactions with other members. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any Registration. By creating such a Registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the Registration. You alone control the account of your children for which you have registered and may choose, as you see fit, to give your child access to any areas of the Site related to the Registration, including email, message boards and other Registration related information. Please remember that the Site and its services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the Sites’ areas and/or content is appropriate for your child. Please note that you as the legal guardian own the content in the user accounts.
TEXT MESSAGING MARKETING AND PROMOTIONS
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of APN. In no event shall APN assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize APN to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, APN will have the right to use and change the Postings in any manner that APN may determine. Additionally, APN may sweep its message boards and/or comments periodically in its sole discretion. APN does not allow Postings which contain:
The message boards and comments may be used for authorized purposes only. Users may not post any information intended to promote and/or generate revenue for any third-party business activity. Although APN periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, APN will make every effort to ensure that the message boards and comments best serve the interests of all users and, therefore, APN reserves the right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Policy) please contact us about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.Registered users of this Site who are California residents and are under 18 years of age may request and obtain removal of Postings on this Site that they themselves post by emailing us. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content or information in your Posting that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username and the name and URL (if applicable) of the website, application or other interactive service. We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information.Please also note that any requests for removal do not ensure complete or comprehensive removal of the content or information from this Site. For example, content that you have posted may be republished or reposted by another user or third party.
You may use this Site only for lawful, authorized purposes. You may not submit or transmit through this Site (whether via message boards, comments or otherwise) any material, or otherwise engage in any conduct, that:
(EXPLANATION – THIS SITE IS FOR FAMILIES, STUDENTS AND FANS, AND IS NOT THE PLACE TO GET A DATE, TALK POLITICS OR ENGAGE IN ANY SORT OF OFFENSIVE OR POLARIZING CONVERSATION. JUST KEEP IT CLEAN LIKE YOU WOULD IF YOUR PARENTS WERE WATCHING.)
User account membership is available for the Fees set forth within the Site. You may terminate your membership at any time. APN may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your membership application or other email address as you may subsequently provide to AllPlayers.com. By using the service and by becoming a member, you acknowledge that APN and has the right to terminate a member’s membership if member should breach this agreement or fail to pay for services. Termination of membership for any reason may not result in the refund of any pre-paid fees.
CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES
THIRD PARTY SERVICES
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APN DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APN IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY APN OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL APN’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
DEALINGS WITH THIRD PARTY SERVICE PROVIDERS
Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party service provider or advertiser, as the case may be. You agree that APN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party service providers and advertisers on this Site.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by APN, its subsidiaries and affiliates of the opinions or views expressed by these third-party websites and APN does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, APN is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither APN nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, APN will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites. APN hereby acknowledge that you access third party hyperlinks at your own risk.
ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that affect how the Site works. When we find them on our end, we will do our best to promptly fix them. Unfortunately, your home computer may cause some glitches that affect how you see our Site–and that is beyond our control.If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware-short for MALicious softWARE-is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
TERMINATION OR SUSPENSION OF ACCESS; MODIFICATION TO SITE
ELECTRONIC DELIVERY POLICY
By using this Site, you agree that we may provide to you required notices, agreements and other information concerning the Site electronically by posting on the home page of this Site or on the relevant web page.
RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS
We take protection of copyrights, both our own and others, very seriously. If you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously investigate and remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.Send your notice of infringement to our designated agent for receiving such notices:Name of Agent Designated to Receive Notification of Claimed Infringement: Jason McKay Full Address of Designated Agent to Which Notification Should Be Sent to: 2525 McKinnon, Suite 420, Dallas, Texas 75201. Email Address of Designated Agent: email@example.com. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information:
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO LARGE CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
How to Send a Counter Notice If Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing
As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counter notice as follows:
You must send the counter notice to our designated agent for receiving notices of infringement, whose name and contact information is above.
Your counter notice must be a written communication sent and must include substantially the following information:
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
APN operates and controls this Site from its offices at 2525 McKinnon, Suite 420, Dallas, Texas 75201.
This Site is intended exclusively for residents of the United States. We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the United States, you do so of your own initiative and you alone are responsible for compliance with local laws. Under no circumstances is APN responsible for ensuring that the Site is in compliance with the local laws of jurisdictions outside the United States. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.