Ownership of Site; Agreement to Terms of Use

 

These Terms and Conditions of Use (the "Terms of Use") apply to the Playoff Technologies website located at www.playofftech.com, and all associated websites linked to www.playofftech.com by Playoff Technologies, its subsidiaries and affiliates (collectively, the "Site"). The Site is the property of Playoff Technologies LLC ("Playoff Technologies") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Other than as provided in a subscription or purchase agreement you enter into with Playoff Technologies, Playoff Technologies will not accept any counter-offers to these Terms of Use, and all such offers are hereby rejected. These Terms of Use do not apply to the software-as-as-service websites, such as sponsorlocker.com, operated by Playoff Technologies for its registered users. The terms of use for such websites are specified on the applicable website.

 

Playoff Technologies reserves the right, in its sole discretion and without prior notice, to change the Terms of Use at any time. You are responsible for checking these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Playoff Technologies grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Playoff Technologies reserves the right, in its sole discretion and without prior notice, to change, suspend or terminate the Site at any time.

 

Privacy and Personal Information

 

Playoff Technologies' Privacy Policy applies to use of the Site and is incorporated into these Terms of Use by this reference. To view the Privacy Policy, click here. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to or receive from the Site may be read or intercepted by others. You agree that any personal information you choose to provide to Playoff Technologies on or through use of the Site will be accurate and truthful to the best of your knowledge. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Content

 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Playoff Technologies, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Playoff Technologies' express prior written consent. Neither the Site nor any Content shall in any way grant or be taken to grant any person a license to the intellectual property of Playoff Technologies or its licensors.

 

You may use information on Playoff Technologies products and services purposely made available by Playoff Technologies for downloading from the Site, provided that you (1) do not remove any copyright or other proprietary notice language in any copies of such information, (2) use such information only for your personal, non-commercial informational purpose, (3) do not copy or post such information on any networked computer or broadcast it in any media and (4) do not make any modifications to such information.

 

Trademarks and Service Marks

 

Playoff Technologies and Sponsor Locker, among others, are trademarks and/or service marks of Playoff Technologies LLC. Playoff Technologies reserves all rights with respect to the trademarks, service marks, logos, trade names, trade dress and any other indicia for source of goods or services (collectively, "Marks") owned by it. Any unauthorized use of any Playoff Technologies Mark is strictly prohibited.

All company, team, agency, product and other names, brands, photographs, trademarks and other rights (collectively, "Rights") displayed or used in example demonstrations or screen shots of Sponsor Locker on the Site are the property of the owners of the respective Rights and are used solely for purposes of demonstrating use of the Sponsor Locker by the owners of the Rights or users licensed to use the Rights. The example use of these Rights in demonstrations or screen shots of Sponsor Locker does not imply any endorsement, affiliation, sponsorship or approval of Sponsor Locker or Playoff Technologies LLC by the holders of such Rights and the Rights are not being displayed for any such purpose.

Various other Marks used or referenced on the Site are the property of their respective owners, which reserve all rights with respect to such Marks. The use of or reference to such other Marks on the Site does not imply any endorsement, affiliation, sponsorship or approval by the owners such Marks of the Site, Playoff Technologies, Sponsor Locker or any other product offered by Playoff Technologies.

 

This notice does not constitute any form of license to use any Mark. Rights or a license to use any Mark owned by Playoff Technologies may only be granted by a formal written license agreement signed by an authorized officer of Playoff Technologies. For information, contact legal@playofftech.com

 

Copyrights

 

The Site is Copyright © 2013-2016 Playoff Technologies LLC. All Rights Reserved.

 

Notices of Copyright Infringement

 

Persons who believe that their copyrights have been infringed via the Site may notify Playoff Technologies' Designated Agent. All notices must comply with the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and regulations promulgated thereunder, each as amended. Such notices not complying with these requirements will be returned unprocessed.

 

Designated Agent and Address of Agent:

 

Attn: Legal Department - Copyright Agent
3361 Rouse Road, Suite 200
Orlando, FL 32817
P: (321) 323-7500
E: legal@playofftech.com

 

Use of the Site

 

You agree not to use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Playoff Technologies or others. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person's use of the Site. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site.

 

Products and Services

 

Playoff Technologies' obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Site should be construed as altering such agreements. Playoff Technologies may make changes to any products or services referenced or offered through or on the Site, or to the applicable prices and terms for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Playoff Technologies makes no commitment to update the materials on the Site with respect to such products and services.

 

Reliability of Information

 

Although Playoff Technologies endeavors to ensure that the information contained on the Site is accurate and reliable, Playoff Technologies makes no warranties as to the reliability, accuracy, correctness or completeness of any such information and assumes no liability or responsibility for, or any obligation to identify or correct, any omissions or errors in the Content of the Site. Playoff Technologies reserves the right to revise the information contained on the Site at any time, in its sole discretion, without any obligation to notify past, current or prospective visitors.

 

Links to Third Party Websites

 

The Site may contain links to independent third-party websites ("Linked Sites"), which are provided solely as a convenience to you. Playoff Technologies has no control over these Linked Sites or their terms of use or privacy policies, does not endorse or have any responsibility for the content of these Linked Sites, makes no representations or warranties with respect to these Linked Sites, and shall not be liable for any damages or injury arising from the use or content of these Linked Sites. Your viewing and use of any of these Linked Sites is at your sole discretion and risk.

 

Feedback

 

Any feedback you provide to Playoff Technologies at or though the Site shall be deemed to be non confidential and Playoff Technologies shall be free to use such information without restriction.

 

Disclaimers

 

PLAYOFF TECHNOLOGIES DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PLAYOFF TECHNOLOGIES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PLAYOFF TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLAYOFF TECHNOLOGIES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PLAYOFF TECHNOLOGIES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 

Playoff Technologies reserves the right to do any of the following, at any time, in its sole discretion and without prior notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Limitation of Liability

 

EXCEPT WHERE AND TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW, IN NO EVENT WILL PLAYOFF TECHNOLOGIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, EVEN IF PLAYOFF TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnification

 

You agree to indemnify and hold Playoff Technologies, its officers, directors, members, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Playoff Technologies by any third party due to or arising out of or in connection with your use of the Site.

 

Violation of Terms of Use

 

You agree that Playoff Technologies may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it determines that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Playoff Technologies, for which monetary damages would be inadequate, and you consent to Playoff Technologies obtaining any injunctive or equitable relief that Playoff Technologies deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Playoff Technologies may have at law or in equity.

 

If Playoff Technologies takes any legal action against you as a result of your violation of these Terms of Use, Playoff Technologies will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Playoff Technologies. You agree that Playoff Technologies will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 

Void Where Prohibited

 

Playoff Technologies administers and operates the Site from its location in Orlando, Florida in the United States of America ("USA") and the Site is hosted on third-party servers located in the USA. Although the Site is accessible worldwide, not all features, products or services referenced or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the USA. Playoff Technologies reserves the right to limit, in its sole discretion and without prior notice, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

Choice of Law; Dispute Resolution

 

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the USA and by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, Florida, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Playoff Technologies and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

Miscellaneous

 

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Playoff Technologies with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Playoff Technologies with respect to such use are hereby superseded and cancelled.