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This Terms and Conditions of Service ("Terms") document for LeaguePals.Com acts as a contract between yourself ("User") and LeaguePals, Inc., a New Jersey corporation having principal offices at 11 Chimney Ridge Trail, West Milford, NJ 07480. “LeaguePals” means the world wide web site LeaguePals.Com and its owner and operator, LeaguePals, Inc. (collectively, "LeaguePals"). “User” and “Users” mean any and all users of the LeaguePals.Com web site including Center Administrators and League Administrators.
Each User’s use of the LeaguePals.Com hosted World Wide Web site and/or the Payment Management System provided via the LeaguePals.com site (hereinafter the "Service(s)") is conditional, allowed only by acceptance of the conditions outlined in this document. In order to use the Services of this website, User must read these Terms, agree and accept to be bound by all of the conditions contained in these Terms. LeaguePals holds the right to amend the Terms at any time by posting a revised version on the LeaguePals website. The revised version will be effective at the time we post it and applies to all Users.
By use of the LeaguePals’ website, Users agree to and accept the following terms and conditions:
Immediately upon joining LeaguePals, users join a membership with distinct benefits including access to a variety of administrative features, including game information and results, dashboards, message boards, virtual wallet or online payment and the secure storage of funds for leagues ("League"). Through the LeaguePals website, Users can view all of their League financial transactions. LeaguePals offers a variety of automated mechanisms that help Leagues safeguard their funds in ways traditional methods cannot. LeaguePals also automates the process of sending payment reminders to Users who have a pending payment request. Users are able to register as a Center Admin, League Admin or Player.
Leagues are not operated or administered by LeaguePals or under the Service defined above. Users shall contact the League Admins and/or Center Admins for all league rules, prize funds, payouts and any and all league related information.
Players are required to provide their USBC ID. If a player does not have a USBC ID, or is not registered with the USBC, the Service may not be made available to the User. LeaguePals may direct users/players to the USBC portal to create a USBC account. Once User creates an account, LeaguePals will verify his/her identity before authorization is granted. Users agree to allow LeaguePals to make inquiries necessary to validate the identity of its Users. This may come through direct contact with Users, or via third parties.
In order to be eligible to use LeaguePals services, Users must be at least 18 years of age, have registered with the USBC, and be a resident of the United States. For Users under the age of 18 years of age, Users must be a youth bowling member registered with USBC and have permission for a parent or guardian to use LeaguePals. Users may use LeaguePals for the purposes outlined in these Terms. By registering or participating in LeaguePals services or functions on the website LeaguePals.com, you hereby represent that you are over 18 years of age, an emancipated minor or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein. If you are under 13 years of age, additional restrictions will be provided as outlined below.
If you are a Minor, you must check with a parent or guardian before you register that they give you permission to use LeaguePals and you should review these Terms with them to make sure that you and your parent or guardian understand them. Further, any time payments are made through LeaguePals, you must obtain permission from your parent or guardian for each payment. Your parent or guardian may revoke their consent for you to use LeaguePals.com at any time. We will remove access to your LeaguePals if your parent has expressly refused or revoked their consent for you to use LeaguePals.com. If we do so then you may not continue to use your Account, create another LeaguePals Account or access or use LeaguePals.com by any other means unless your parent or guardian provides their consent again or until you are no longer a Minor. We may withdraw or terminate your access to LeaguePals for any other reason at our sole discretion.
We have taken the following measures to protect children under the age of 18:
What we do not do
We know it is important for children to benefit from stronger controls. Therefore, we take additional measures to protect children under the age of 13, including:
Users choosing to use LeaguePals for other purposes than described herein may be in violation of these Terms, and subject to remedies, including those outlined in Restricted Activities. Specifically, but not limited to, Users may not use the LeaguePals services for the following restricted activities:
Further, Users, League Admins and Center Admins who are eligible to use LeaguePals Services acknowledge and agree, as outlined in the Unlawful Internet Gambling Enforcement Act of 2006, that:
By using this site, you agree to be bound by the Terms and Conditions of Service explained in this document. Use of this site in a manner inconsistent with the descriptions set forth in these Terms is prohibited.
LeaguePals offers tthree league payment options: Credit/Debit Card, Bank payment, and Cash Payment: All payment options will be associated with a transaction fee, which is calculated as (number of weeks paid for multiplied by the weekly transaction fee) = transaction fee. Users will be informed of the weekly transaction fee when payments are processed.
The originating league User (“League Admin”) will choose which payment setting will be available for all league Users.
It is the sole responsibility of each User to determine the applicability of any taxes that may be due as a result of participation in a League. LeaguePals is not responsible for tax advice, calculation of taxes that may be due, or reporting tax data to any agency. This applies to all agencies and levels of government.
Users can view their financial transaction history by visiting their dashboard. LeaguePals will provide viewable entries for payments made in the current and previous seasons.
The LeaguePals Services may contain social media features and access for Users to promote and discuss their leagues and play, including, but not limited to, bulletin board services, chat areas, forums, communities, personal Web pages, calendars, and/or other message or communication facilities designed to enable users to communicate with other users (collectively, “Communication Services”), and you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
LeaguePals has no obligation to monitor the Communication Services. However, LeaguePals reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. LeaguePals reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
LeaguePals reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LeaguePals’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. LeaguePals does not control or endorse the content, messages or information found in any Communication Service; and, therefore, LeaguePals specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized LeaguePals spokespersons, and their views do not necessarily reflect those of LeaguePals.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Some areas of the Communication Service may allow Users to post and/or create Locations, feedback, comments, questions, and other information (collectively "User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You agree to comply with the Acceptable Use Policy in posting User Content. LeaguePals takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service, including without limitation your posting of or visits to Games, is solely your responsibility. LeaguePals is not responsible for any public display or misuse of your User Content. You may be exposed to User Content that is inaccurate or objectionable.
LeaguePals Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. LeaguePals reserves all rights not expressly granted herein in the Service and the LeaguePals Content (as defined below). LeaguePals may terminate this license at any time for any reason or no reason.
LeaguePals Software. To use the LeaguePals Software you must have a computer or mobile device that is compatible with the LeaguePals Service. LeaguePals does not warrant that the LeaguePals Service will be compatible with your computer or mobile device.
License Grant. LeaguePals hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the LeaguePals Software for one LeaguePals Member account on one mobile device owned or leased solely by you, for your personal use.
Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the LeaguePals Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the LeaguePals Software to any third party or use the LeaguePals Software to provide time sharing or similar services for any third party; (iii) make any copies of the LeaguePals Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the LeaguePals Software, features that prevent or restrict use or copying of any content accessible through the LeaguePals Software, or features that enforce limitations on use of the LeaguePals Software; or (v) delete the copyright and other proprietary rights notices on the LeaguePals Software.
Software Upgrades. You acknowledge that LeaguePals may from time to time issue upgraded versions of the LeaguePals Software, and may automatically electronically upgrade the version of the LeaguePals Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
Third-Party Code. Any third-party code that may be incorporated in the LeaguePals Software is covered by the applicable open source or third-party license, if any, authorizing use of such code.
Rights Reserved. The foregoing license grant under this Agreement is not a sale of the LeaguePals Software or any copy thereof and LeaguePals or its third party partners or suppliers retain all right, title, and interest in the LeaguePals Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. LeaguePals reserves all rights not expressly granted under this Agreement.
Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the LeaguePals Service, you agree to the pricing, payment and billing policies applicable to such fees and charges. LeaguePals may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
Fictional property. When using the Leaguepals service, you may accumulate fictional property ("trophies") related to the Leaguepals service that reside as data on Leaguepals's servers. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that these data, and any other data, account history and account content residing on Leaguepals' servers, may be deleted, altered, moved or transferred at any time for any reason in Leaguepals' sole discretion. Leaguepals does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any such data residing on Leaguepals' servers.
No Refunds. You may cancel your LeaguePals Account and/or Funding Account at any time; however, there are no refunds for cancellation LeaguePals may report such cancellation to USBC, and cancellation may result in the user being banned from USBC sanctioned leagues. LeaguePals is in no way responsible for the actions of USBC resulting from the report of such cancellation. You are responsible for paying any balance or cancellation penalties due under your League rules or the rules of your Center, and LeaguePals will not be responsible for any deficiencies in League dues as a result of your cancellation. In addition, any prizes won through participation in a League may be discounted to reflect outstanding dues balances that are a result of your cancellation or a cancellation on the part of another individual associated with your team. As permitted under the terms of this Agreement, LeaguePals has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/ or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that LeaguePals suspends or terminates your LeaguePals Account, or this Agreement, you understand and agree that you shall receive no refund or exchange for any LeaguePals Currency, any unused time on a subscription, any license or subscription fees for any portion of the LeaguePals Service, any content or data associated with your LeaguePals Account, or for anything else.
Notwithstanding the above, Leaguepals expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages or losses resulting from the use thereof.
The rights and obligations described in these Terms are non-transferable. Users may not assign or reassign any of these Terms without the prior written approval of LeaguePals. LeaguePals reserves the right to transfer or assign these Terms or any right or obligation under this Agreement at any time without limitation.
You acknowledge that leagues are not operated or administered by LeaguePals or operated under this Service. You agree to defend, indemnify and hold harmless LeaguePals and its subsidiaries, agents, officer, directors, employees, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code; or (vii) your use of the Service to meet another User in-person or to locate and/or visit any offline place or event.
To the maximum extent permitted by applicable law, in no event shall Leaguepals, its affiliates, directors, employees or its licensors or partners be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from (a) the use, disclosure, display, or maintenance of your location information; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the Leaguepals services available; or (d) any other interactions with Leaguepals or any other user of the Leaguepals services, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Leaguepals has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Participating in any physical activity involves some risk of physical injury or death. Leaguepals and its partners do not assume any responsibility for the content of Leaguepals, for the behavior of users, or for any other risk of bodily injury or death arising in connection with using Leaguepals or participating in activities organized using Leaguepals. Leaguepals and its partners are not responsible for ensuring access to the locations where Leaguepals activities are played. Users participate in Leaguepals activities do so at their own risk. You agree to indemnify, defend, and hold harmless Leaguepals and its subsidiaries, agents, officer, directors, employees, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors from and against any and all claims, suits, demands, causes of action, proceedings, orders, decrees, and judgments for bodily injury, wrongful death, loss of services, property damage, and/or any other reason, and from and against any and all costs and expenses, including attorney's fees, which may arise out of your use of the service and/or any activities, games, and/or other events for which you may participate that in any way arise from, are found through, or are otherwise coordinated through your use of the service. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Service is controlled and operated from its facilities in the United States. Leaguepals makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Leaguepals makes no representations or warranties with respect to these pages or their contents (including without limitation material communicated by third parties), which are provided on an "as is" and '"as available" basis. Leaguepals disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to these pages. Leaguepals makes no representations or warranties that the services provided by these pages will be uninterrupted, error-free, that defects will be corrected, or that the pages or the server that makes them available are free from viruses, worms or other harmful components. Leaguepals also makes no representations or warranties as to whether the information accessible via these pages is accurate, complete or current. In no event shall Leaguepals, its employees or agents, or anyone else who has been involved in the creation, production, or delivery of these pages be liable for any direct, incidental, or consequential damages, such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the use of these pages/services/websites.
You hereby acknowledge that the website may not be available or may become unavailable due to any number of factors including, without limitation, periodic system maintenance, scheduled or unscheduled, acts of god, technical failure of the software, telecommunications infrastructure, or delay or disruption attributable to viruses, denial of service attacks, increased or fluctuating demand, actions and omissions of third parties, or any other cause reasonably beyond the control of Leaguepals. Therefore, Leaguepals expressly disclaims any express or implied warranty regarding system and/or software availability, accessibility, or performance.
In no event will Leaguepals or its suppliers or licensors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data, loss of goodwill, work stoppage, hardware or software disruption, impairment or failure, repair costs, time value or other financial loss) arising out of the use or inability to use the software, or the incompatibility of the software with any hardware, software or usage.
In no event will Leaguepals' total liability to you for all damages, losses and claims, whether in contract, tort (including, but not limited to negligence, or otherwise) exceed the amount of the annual fee paid by you for accessing and/or using Leaguepals' websites and/or its services.
Notification Procedures. LeaguePals may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by LeaguePals in our sole discretion. LeaguePals reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Governing Law & Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of New Jersey, without giving effect to any principles of conflicts of law. These pages are controlled and operated by LeaguePals, Inc. in the United States and are intended for use within the United States. LeaguePals makes no representation that materials on these pages are appropriate or available for use in other locations. Those who choose to access these pages from other locations do so on their own initiative and are responsible for compliance with local laws. These Terms and Conditions of Use shall be construed and enforced in accordance with the laws of the State of New Jersey. Any action to enforce these Terms and Conditions of Use shall be brought in the federal or state courts located in the State of New Jersey. You and LeaguePals agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of New Jersey, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the courts of New Jersey. You consent to the personal jurisdiction of such courts (and of the appropriate appellate courts) over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts. If you choose to gain access to the Services from locations other than New Jersey, you will be responsible for compliance with all local laws of any such other location(s), and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and LeaguePals's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Survival. You continue to be bound by this Agreement after termination of your account. This
Agreement was last revised on April 21st, 2016. LeaguePals.com reserves the right to change these Terms and Conditions of Use at any time without notice.
If you do not agree with these Terms and Conditions of Use, do not use the Web pages hosted by LeaguePals.com.
Except for your User Content, all right, title, and interest in and to the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "LeaguePals Content") are and will remain the exclusive property of LeaguePals and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the LeaguePals Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. Any feedback, comments, or suggestions you may provide regarding LeaguePals or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
LeaguePals™ and all related logos, products and services described in the LeaguePals.com website are either trademarks or registered trademarks of LeaguePals, Inc. The appearance, design and composition of LeaguePals' website is original content, wholly owned by LeaguePals, and cannot be used, reused, copied, distributed, redistributed, or imitated without prior written approval from LeaguePals.
In the normal course of operations it is likely that we will maintain personal information on computers in the United States. The United States offers differing levels of protection of personal information. You agree to the transfer of the Information among such computers.
In order to use the mobile features of the LeaguePals Service, you must consent to: (a) the use of your phone's location to provide LeaguePals to you, including the display and disclosure of that location information to your LeaguePals friends and within your geo-tagged messages and content; (b) receive text messages; and (c) pay carrier data, messaging, and other fees resulting from LeaguePals usage. Data and messaging (including SMS text messages) plans are required to use the mobile features of the LeaguePals Service. Standard data and messaging charges, fees, and taxes from your carrier apply.
The types of information that LeaguePals may collect about you, either as a User of the Service or as a participant in a sports program that uses our services, are limited to the following:
Volunteered Information: This category consists of (i) information that you voluntarily provide to LeaguePals upon your registration for this service or for a league or sports program that uses our Services, such as your name, email address, and other contact information, (ii) information that you subsequently volunteer to LeaguePals regarding your contact information through the Password protected features of the Services, or changes in your registration information, (iii) if you are a participant in a league or sports program, the information that you provide to that program at the time of enrollment and thereafter through the Services, either by you directly inputting the information into the Services, and (iv) other information about you that you may voluntarily provide through the Services at LeaguePals' request.
Communications Information: will be used by LeaguePals in accordance with the Terms of Service.
All of these types of information about you may be maintained by LeaguePals on computers located in the United States, and may be transferred from time to time among those computers.
Except as provided in this Section, LeaguePals will not use or disclose to any third party other than the sports organization to which you belong, any personally identifiable information about you for any purpose without your express prior consent. LeaguePals will not give, sell, rent, or share this information to other parties for their marketing purposes. In an effort to maintain validate the authenticity of each User transaction, LeaguePals may validate personal information Users provide, or request additional information from credit bureaus or other third parties, to assist us in establishing and authenticating a User's account, and verifying the accuracy of the information that Users provide. Information obtained from third parties and linked with your personal information is safeguarded by confidentiality agreements and to the extent required by law.
Volunteered Information: will be used by LeaguePals to operate the Service and maintain your contact information within the Service, including the record of your team(s). For this purpose it will be necessary to disclose Volunteered Information to LeaguePals employees and contractors who have a need to know. Volunteered Information may be used by LeaguePals to send you information about LeaguePals and promotional material about products and services of LeaguePals.
LeaguePals gathers IP addresses, browser types, and session information in order to administer the site, improve performance, and evaluate User trends. The information is gathered and aggregated for broad analysis, and is stored for less than [three] years from the date collected.
The LeaguePals.com site may contain links to other sites, including links left by other Users in your league, on the league message board. Message board entries are not monitored by LeaguePals. Any links posted on the message board are wholly the responsibility of the User who posted them. LeaguePals is not responsible for the privacy practices of such other sites. We encourage Users to be aware when they leave our site to read the privacy statements of each website that collects personally identifiable information. This privacy statement applies solely to the User experience at the LeaguePals.com website.
Nearly all of the LeaguePals.com web site runs under secure web protocols. The secure protected area of the LeaguePals Service may allow our customers, using a unique username and password, to access account information and transaction reporting, and to initiate or process transactions directly from the Website.
We make reasonable efforts to ensure security on our systems. Despite our efforts, we cannot guarantee that personal information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. If a User believes that User has been involved in an unauthorized transaction, contact LeaguePals by sending an email to support@LeaguePals.com.
If LeaguePals learns of a security systems breach we may attempt to notify affected Users electronically so they can take appropriate protective steps. By using the LeaguePals Service, Users agree that LeaguePals may communicate with Users electronically. LeaguePals may post a notice on this Website if a security breach occurs. If this happens, Users will need a web browser enabling Users to view the LeaguePals website. LeaguePals may also send Users an email at the email address you have provided to us. Depending on where each User lives, Users may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach) Users should notify us at support@LeaguePals.com.
As described in the LeaguePals Terms of Service, LeaguePals.com is available only to residents of the United States. By using the LeaguePals service, Users expressly consent to the transfer and processing of personal information in the United States and elsewhere as LeaguePals deems necessary to provide the LeaguePals Service. LeaguePals strives to meet the laws and practices of the United States. Residents from other countries should not use the service, and should not expect that laws and practices from their country will be adhered to.
In the event of a change of ownership control over LeaguePals, information collected by LeaguePals will be treated as an asset, and may be transferred except to the extent the law may prohibit such transfers.
Correspondence with Users, including emails and faxes, may be retained. We retain these records in order to improve customer service, investigate possible fraud or criminal activities, monitor violations of LeaguePals' Terms of Service, and to otherwise protect LeaguePals' legal interests.
Tuesday, April 22, 2014
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