Terms and Regulations
2. Modifications to this Agreement
MMP reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement through the Services and by providing notice to you that this Agreement has changed, via email where practicable. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified.
3. Use of the Services
Eligibility: You must be at least 13 years old to use the Services. There are no exceptions. No individual under the age of thirteen (13) may use the Services or provide any information to MMP or otherwise through the Services (including, for example, a name, address, telephone number, or email address). You otherwise may only use the Services if you can form a binding contract with MMP and are not legally prohibited from using the Services.
Limitations on Automated Use: You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or our computer or delivery systems and/or those of our service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions); (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without our express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Its My Play account holders may access the Its My Play Service by any of our several subscriptions:
- Free Service: itsmyplay networking membership, free-of-charge profile;
- Advanced Website: a subscription fee-based service;
- Mobile Service: via a supported mobile handset.
By using the Mobile Service, you agree to accept the Mobile Terms and to register for the Service as a mobile subscriber.
Its My Play offers 7 days free trial of the Advanced Website Subscription (a “Trial”). MMP reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For all Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Advanced Website Subscription on the day of the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must deactivate your Website Subscription through your Its My Play account’s settings before the end of the Trial.
4. Registration and Security
6. Content and Subscriber Content
Definitions: For purposes of this Agreement, the term "Content" means a creative expression, including without limitation video, audio, photographs, images, illustrations, animations, software, scripts, executable files, logos, tools, written posts, replies, comments, information, data, text and graphics, any of which may be generated, provided, or otherwise made accessible on or through the Services. "Website Content" means Content that originates from and is owned by any of Website subscription clients. "MMP Content" means all Content that originates from and is owned by MMP. "Subscriber Content" means all Content that is posted or otherwise provided or transferred to the Services by a Subscriber (“User”) (including, without limitation, by you). MMP Content also includes, without limitation, all Subscriber Content. Ownership: Website Pages retain sole ownership and control of all their Website Content and you may not use, copy, download or otherwise transfer any such Website Content without express written permission from Website Pages Administrators. MMP makes no claims or guarantees regarding whether such permission will be granted. MMP has no control or authority to grant permission to use such Website Content. You understand and agree that if you choose to use Website Content without express written permission, you may be prosecuted for copyright infringement or other federal or state claims. MMP retains ownership of all intellectual property rights in the MMP Content, as well as any content you post to the Services as Subscriber Content. This means that MMP has the absolute right to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of (including, without limitation, marketing materials) such Subscriber Content, without notice or any compensation to you. Note also that MMP's ownership of your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Subscriber Content shared through the Services - when you post something publicly, others may choose to comment on it, making your Subscriber Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others. Before you post, please consider that when you make something publicly available on the Internet, it becomes virtually impossible to remove all copies of it. You also agree that you will respect the intellectual property rights of others, and represent that you have all of the necessary rights to grant us these rights for all Subscriber Content you submit to the Services. Compliance with Community Guidelines: You agree that you will not post Subscriber Content that violates, or otherwise use your Account in ways that violate MMP's Community Guidelines.
Termination and Deletion: On termination of your Account or upon your deletion of particular pieces of Subscriber Content from the Services, MMP shall make reasonable efforts to render such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) caching of, copies of, or references to the Subscriber Content may not be removed; (b) any such removed Subscriber Content may persist in backups (not available to others); and (c) such removed Subscriber Content may remain available (and stored on our servers) through archived forums or other stored community features.
7. Use of Trademarks
You shall not use any of MMP's trademarks, branding, logos and other such assets in connection with the Services, or any such marks of our celebrity partners, without express written permission. You may request such permission for MMP's marks by emailing us at firstname.lastname@example.org.
8. Warranty Disclaimer; Services Available on an "AS-IS" Basis
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the fullest extent permitted by law, MMP disclaims all warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. MMP makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. MMP also makes no representations or warranties of any kind with respect to Official Content or MMP Content; and Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from MMP or through the Services, will create any warranty not expressly made herein.
9. Release From Liability and Indemnification
You hereby release from liability and indemnify, to the fullest extent permitted by law, MMP, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: Disputes between Subscribers, including those between you and other Subscribers. Claims relating to third party sites and services, including any content found on such sites and services. Disputes concerning any use of or action taken using your Account by you or a third party. Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content. Claims relating in any way to your unauthorized use of or access to Official Content. Claims relating in any way to your infringement of any third party's intellectual property rights or rights of privacy or other proprietary rights, whether contained in Subscriber Content or not. Claims relating to in any way to any face-to-face meetings in any way related to MMP at any physical venues ("Meetups"), including without limitation claims related to the actions or omissions of any Subscribers or third parties who organize, attend, or are otherwise involved in any Meetups. MMP does not sponsor, oversee, or in any manner control Meetups. If you are a California resident, you waive Calofornia Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
10. Limitation of Liability
To the maximum extent permitted by applicable law, MMP, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors shall not be liable for: (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of: profits, revenue, data, use, good-will, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or Content of any third party or Subscriber using the Services, including without limitation, defamatory, offensive or illegal conduct or Content; and/or (e) damages in any manner relating to any Content. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not MMP has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of MMP and its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors, for any claim under this Agreement, including for any implied warranties, is limited to fifty dollars (US$50.00). Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in this section, so the limitations above may not apply to you.
12. Its My Play Website
Its My Play Website is an application that allows users to create sports related websites managed through an Its My Play profile. The Website service works jointly with itsmyplay.com and a series of other services to help users create, publish, and host their sports related website on their own URL or another URL provided by the Website Service.
Deactivation. You must deactivate your membership before it renews in order to avoid billing of the subscription fees for the next subscription period. Its My Play does not accept deactivation requests via phone, email, or any method other than logging into your Website (or your Its My Play profile) to deactivate the service. If you deactivate your Website service during the free trial period, you don't get a new trial period anymore. However, your free trial lasts for 3 months regardless of your deactivation and if you reactivate your Website service before the trial expires, you will be notified how many days have left in your trial. Your content can be recovered after you deactivate your Website.
Any fees that you paid prior to deactivation are not refundable.
If your bandwidth usage exceeds either 1 GB/month, or the average bandwidth usage (as determined solely by Its My Play), we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
We may temporarily suspend or take down your Website if we think that it has been compromised or attacked.
13. Legal Disputes
You and MMP agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and MMP otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us at email@example.com to seek a resolution. This Agreement shall be governed in all respects by the laws of the State of Florida, without regard to conflict of laws provisions. You agree that any claim or dispute you may have against MMP must be resolved exclusively by a state or federal court located in Palm Beach County, Florida. You agree to submit to the personal jurisdiction of the courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes.
The English version of this agreement will be the version used when interpreting or construing this agreement.
14. DMCA Copyright Policy
MMP has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the "DMCA"). The address of MMP's Designated Agent for copyright takedown notices ("Designated Agent") is listed below. Reporting Instances of Copyright Infringement: If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below: 1. Identification of the work or material being infringed. 2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that MMP is capable of finding it and verifying its existence. 3. Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and email address. 4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law. 5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner. 6. A physical or valid electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. After removing material pursuant to a valid DMCA notice, MMP will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. MMP reserves the right, in its sole discretion, to immediately terminate the account of any Subscriber who is the subject of repeated DMCA notifications. Submitting a DMCA Counter-Notification: If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with MMP by providing the following information to the Designated Agent at the address below: The specific URLs of material that MMP has removed or to which MMP has disabled access. Your name, address, telephone number, and email address. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Palm Beach County, Florida if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." Your signature. Upon receipt of a valid counter-notification, MMP will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If MMP does not receive any such notification within ten (10) days, we may restore the material to the Services. Designated Agent Attn: Copyright Agent Email: firstname.lastname@example.org
This Agreement, as modified from time to time, constitutes the entire agreement between you and MMP with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with MMP's prior written consent. MMP may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind MMP in any respect whatsoever. Any notice to MMP that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person, by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Max My Play, Inc., 407 SE 1st Street, Delray Beach, Fl 33483, Attn: Legal Department.
16. Special Provisions for Subscribers Located Outside of the United States
MMP provides global products and services and enables a global community for individuals to share and follow the sports they love. MMP's operations are, however, located in the United States, and MMP's policies and procedures are based on United States law. As such, the following provisions apply specifically to Subscribers located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not conduct any commercial activities using or through the Services.
17. Entire agreement
These Agreements constitute all the terms and conditions agreed upon between you and MMP and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to MMP are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by MMP that are not contained in the Agreements.
Please note, however, that other aspects of your use of the Its My Play Service may be governed by additional agreements. That could include, for example, access to the Its My Play Community for customer support, access to the Its My Play Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.
Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Please note that you must be at least 13 in order to use our Site and Services.
2. What Information We Collect and How We Use It
3. How Your Information Is Shared
4. The Security of Your Information
Your Account information is protected by a password for your privacy and security. It is your responsibility to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account on the Services. We seek to protect your information (including your Account information) to ensure that it is kept private; however, we cannot guarantee the security of any information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
5. What Information You Can Access
If you are a registered user, you can access and delete most information associated with your Account by logging into the Services and checking your Account Settings page. Registered and unregistered users can access and delete cookies through their web browser settings.
6. Your California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Max My Play, Inc., 407 SE 1st Street, Delray Beach, Fl 33483, Attn: Legal Department.
7. How to Delete Your Account and What Happens When You Delete Your Account
If you want to delete your Account, you can do so by e-mailing us at email@example.com, and providing proof of authority over the Account. What constitutes "proof of authority" will vary depending on the circumstances, but generally we will require sufficient identifying information so that we can be confident you are the Account owner. Deleting your Account may not fully remove the content you have published from our systems, as caching of, backups of, copies of, or references to your Account information may not be immediately removed.
9. Where to Direct Questions or Concerns
If you have any questions or concerns regarding privacy using the Services, please send us a detailed message at: firstname.lastname@example.org.
You have no obligation to provide Its My Play with ideas, suggestions or proposals (“Feedback”). If you submit Feedback to Its My Play, we may use it for any purpose without compensation to you and have no obligation to keep your Feedback confidential.
Tell Us If You See Others Abusing The Services: Please report any problematic behavior or content you see on our Services at email@example.com
In order to use and enjoy www.itsmyplay.com (the "Site"), we require you to follow these guidelines.
1. What "It’s My Play" is for:
The Site allows you to create sports-related profile, follow and connect with other members and sports related institutions. The Site serves as professional and social media platform for the sports industry. We want you to promote your career and sports related interests and to enjoy this access and dialogue with other sports enthusiasts. We encourage thoughtful comments, community support and enthusiasm for promoting the wholesome and healthful image and aspects of sports.
2. What "It’s My Play" is NOT for:
Malicious Bigotry Do not actively promote violence or hatred against individuals or groups, on the basis of race, ethnic origin, religion, disability, political beliefs, gender, age, veteran status, or sexual orientation. Sex, Violence and Harmful Behavior Avoid promoting or posting about smoking, drugs, alcohol, sex or weapons, or any type of violent behavior. There are other places to share off-color humor with your friends, this is not the place for it. Harm to Minors Be particularly mindful when posting anything involving a minor. Do not post anything relating to a minor that is sexually suggestive or violent. Bullying of any kind will not be tolerated. Do not post any personal information, contact information, or any other potentially identifying information about a minor. Celebrity Bashing. Our Official Pages are valued partners. You are free to comment on the content they post or disagree with it, but please be respectful and avoid flaming or other types of unnecessarily rude personal commentary. Promotion and Glorification of Self-Harm Do not post content that actively promotes or glorifies self-harm. This includes content that urges or encourages readers to cut or injure themselves; to engage in harmful practices such as steroid use or other performance-enhancing drugs; to embrace anorexia, bulimia, or other eating disorders; or commit suicide rather than, e.g., seeking counseling or treatment, or joining together in supportive conversation with those suffering or recovering from depression or other conditions. Impersonation and Harassment Treat the community the way you'd like to be treated. Do not use the comment features to harass or intimidate other users. Do not try to trick readers into thinking you are a celebrity or other public figure. Do not pick a username for the purpose of impersonating an individual, organization, or brand. Privacy Violations Do not use the Site to deceptively obtain personal information. Do not post content that violates anyone's privacy, including personally identifying or confidential information like credit card numbers, social security numbers, or unlisted contact information. Spam Do not put tags on your posts that will mislead or deceive searchers. Do not put deceptive links or dubious code in your posts. Do not use deceptive means to generate revenue or traffic for your personal, business or blog sites, or use posts as links to affiliate marketing partners. Do not use the Site as a platform for any contest, sweepstakes or giveaway. Mass Registration and Automation Do not register accounts or post content automatically, systematically, or programmatically. Copyright and Trademark Infringement Respect the copyrights and trademarks of others. If you are not specifically authorized to use someone else's copyrighted or trademarked work then do not use it or post it. Disruptions, Exploits, and Resource Abuse Do not attempt unauthorized use, disruption, or exploitation of the Site or our other products and services, or otherwise abuse our resources. Unlawful Uses and Content Do not use the Site as a platform for any unlawful use, including but not limited to fraud, phishing, or illegally inciting violence.
If we conclude (in our sole discretion) that you are violating any of these policies, you may receive a notice via email or we may choose to immediately suspend or terminate your Account, and/or your IP address may be blocked, at any time, with or without notice to you. In all cases we reserve the right to suspend Accounts or remove Content, without notice, for any reason, but particularly to protect our Services, infrastructure, users, or community. We reserve the right to enforce, or not enforce, these policies in our sole discretion, and these policies do not create a duty or contractual obligation for us to act in any particular manner.
Thank you for reading our Terms, Private Policy and Community Guidelines. We hope you enjoy Its My Play.