Terms and Conditions

PLAYBOOKED, INC. TERMS AND CONDITIONS OF USE

PlayBooked, LLC (“Company”) maintains its website (playbooked.com), mobile application (“App”), and services it provides through them (collectively, the website, App, and services referred to as the Company’s “Site”) as a service to our customers and the businesses they represent (collectively, “User” or “you”).  By using this Site, the User agrees to accept and abide by the Terms and Conditions of Use set forth in this agreement and agrees to comply with all applicable laws and regulations. If User does not agree to accept and abide by these Terms and Conditions of Use, do not use the Site.  Company may revise or modify these Terms and Conditions of Use at any time from time to time and post such revisions or modifications on this page. Continued use of the Site after any such revision or modification constitutes User’s acceptance of the Terms and Conditions of Use as so revised or modified.

  1. LAWS AND REGULATIONS. User access to the Site is subject to any and all applicable federal, state and local laws and regulations and you are (and if you are between 16 and 18 years old, your parent or legal guardian is) responsible for complying with all applicable laws and regulations relating to Talent User’s participation on our Site and will fully indemnify the Company (as set forth below) for any failure to do so. All social media posts made by a Talent User must include the campaign hashtag.  Each Talent User shall tag the Company in each post.  Each social media post a Talent User must remain visibly online until one month after its posted.
  1. PRICING ERRORS. If a product listed has an incorrect price due to a typographical error or an error in pricing information, Company has the right to refuse or cancel any orders placed for a product listed at the incorrect price.  If your credit card has already been charged for the product and your order is cancelled, your account will be credited within seventy-two (72) hours.  User payments shall be made to Talent Users (as defined below) within twenty (20) days of the completed Video. The Company will pay the Talent User fee after all completed posts have been made, less a ten percent (10%) commission on Talent User income.
  2. COPYRIGHT. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws.  The compilation of all content on this Site is the exclusive property of Company and protected by United States and international copyright laws.  All software used on this Site is the property of Company or its software suppliers and protected by United States and international copyright laws.
  3. OWNERSHIP/LIMITED LICENSE. Through the Company’s Site, User may obtain personalized videos (“Videos”) from athletes and others (each, a “Talent User”). User may submit a request to a Talent User for a Video that is personalized for User or a third party that User identifies as a recipient (“Recipient”). User acknowledges and agrees that the Talent User has sole discretion to determine how to fulfill User’s request and the content of the Video created and may not follow User’s request exactly. The Company reserves the right to reject any request in its sole discretion. The Talent User has up to seven (7) days (at the Company’s sole discretion) to fulfill or decline User’s request. Once User’s request is fulfilled, User’s payment method will be charged the amount specified on the Talent User’s booking page on our Site at the time User submitted the request. Videos are licensed, not sold. User is buying the right (or license) to use it, not the actual Video itself. Subject to User’s payment in full, the Talent User hereby grants to you the following limited rights to use the Video solely for User’s own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Video, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised. User may not sell, resell, commercialize, or encumber User’s rights. User may sublicense its rights in a Video only to the extent necessary for User to use the Video as permitted under these Terms (for example, sharing it with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above). The Company may terminate all or part of the foregoing licenses at any time for any reason. The Company reserves the right to remove a Video from its Site at any time for any reason without any notice to User.

 

  1. NO WARRANTIES/DISCLAIMER. THIS SITE AND THE COMPANY MATERIALS AND VIDEOS ARE PROVIDED ON AN “AS IS” BASIS AND AS SUCH THIS SITE AND THE COMPANY MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.  COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMPANY MATERIALS OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.   TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SITE AND THE COMPANY MATERIALS.  COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATIONS OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

  1. REGISTRATION/PERSONAL INFORMATION. User may have the opportunity to provide certain personal information to access certain portions of this Site.  The collection or use of such personal information shall be governed in accordance with Company’s Privacy Policy.

 

  1. COMPANY’S PRIVACY POLICY. Registration data and certain other information about User is subject to Company’s Privacy Policy.

 

  1. FORUMS. Postings by User to any message board-Bulletin Board, chat-room or forum, located in this Site will not be protected as confidential, and Company may use and provide information contained in any such postings (including any remarks, suggestions, ideas, concepts, know-how or other intellectual property) to other Users, or any parent, subsidiary, and/or affiliates of Company for any purpose whatsoever and as deemed appropriate by Company.  By providing any such information or materials to Company, User grants to Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, and display such information and materials, and you agree that Company is free to use any remarks, suggestions, ideas, concepts, know-how or other intellectual property.  User acknowledges and agrees that User is responsible for whatever material User submits on this Site and User agrees not to post or otherwise disseminate on this Site any unlawful, defamatory, libelous, threatening, obscene, harassing, vulgar or otherwise unlawful information of any kind, or materials that incorporate the proprietary rights of any person.  User understands and agrees that Company, its parent, subsidiaries, affiliates, officers, directors, employees and shareholders shall have no liability for any information or material contained on a bulletin board or other posting site.

 

  1. LINKS. Company may provide hyperlinks on this Site links to other Web sites. If User links to these sites, User will leave this Site and User does so at User’s own risk.  Company makes no warranty or representation regarding any linked Web sites or the information appearing on such linked sites.  The links do not imply that Company sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in the linked sites.  Company prohibits caching, unauthorized hypertext links to this Site, or the framing of any company materials available on this site.  as such, company reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the company materials available on any other Web site linked to this Site.  Users should be aware that linked sites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the provisions of this Site.  Company is not responsible for such policies and expressly disclaims any and all liability related to such policies.

 

  1. INDEMNIFICATION; LIMITATIONS OF DAMAGES. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of this Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.  IN NO EVENT SHALL COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS EMPLOYEES, AND/OR SHAREHOLDERS HAVE ANY LIABILITY HEREUNDER TO ANY USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMIATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INFORMATION, LITIGATION, OR THE LIKE) THAT ARE RELATED TO THE USE OF THE COMPANY MATERIALS AND THIS SITE AND THAT ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE LIMITATION ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND USER REGARDING USE OF THIS SITE. THIS SITE AND THE COMPANY MATERIALS WOULD NOT BE PROVIDED TO USER WITHOUT SUCH LIMITATION ON DAMAGES.

 

  1. ACCESS TO PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of this Site are restricted to authorized Users only.  Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

 

  1. VIOLATIONS OF TERMS AND CONDITIONS. Company reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use.

 

  1. DISPUTES. Any dispute relating in any way to your visit to the Site or to the products or services you purchase through the Site shall be submitted to confidential arbitration in [Grand Rapids, Michigan], except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

  1. SECURITIES LAWS. This Site may include statements concerning Company’s operations, prospects, financial condition and demand for our products and/or services, as well as plans and objectives that are forward looking.  These statements are assumptions that are subject to many factors, many of which are beyond Company’s control.  The Site and the information contained herein does not constitute an offer or a solicitation for the sale of securities.  None of the information contained in this Site is intended to be, and shall not be deemed to be, incorporated into any securities-related filings or documents.

 

  1. INFORMATION/PRESS RELEASES. This Site may contain information and press releases concerning Company.  While this information was believed to be accurate to the best of Company’s knowledge when put on this Site, Company expressly disclaims any duty or obligation to update such information or keep such information current.

 

  1. GENERAL. User agrees to review these Terms and Conditions of Use prior to reviewing any information from the Site. Any cause of action User may have with regard to the use of this Site must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred.  If any court of competent jurisdiction finds any provision of this Agreement to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of this Agreement shall be separately enforced.

 

  1. USER RESPONSIBILITIES. User is responsible for the actions of all individuals who utilize the Site as part of any User program encouraging those affiliated with User to utilize the products and/or services offered by the Site.  In particular, User shall be solely responsible for determining which individuals may or may not participate in any programs it sponsors or offers which utilize the Site.  The Company is not responsible in any way for determining which individuals should and should not utilize the Site as part of User programs which involve the use of the Site.  In addition, User is responsible to comply with all additional rules, regulations and use restrictions established by any gift card issuer and/or processor which is obtained by, through or in association with the Site and/or the Company.

 

Copyright © PlayBooked, Inc.  All Rights Reserved.