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PostGamePlus

Terms of Service

 

Welcome, and thank you for your interest in the website www.PostGamePlus.com (the "Website") and  any mobile application that we make available to you now or in the future (the "App"), together hereafter referred to in these Terms of Service as "PostGamePlus", "us", "our" or "we".  PostGamePlus is owned and operated by PostGame Plus LLC, a California Limited Liability Company, and for the purposes of this Agreement and our Privacy Policy any use of the terms "PostGamePlus", "us", "our" or "we" includes PostGame Plus LLC, without limitation. Unless otherwise specified, all references to our services (the “Service” or "Services") include the content, services and products available through the PostGamePlus Website or App, as well as any software that PostGamePlus provides to you that allows you to access the Services. The term "user",  "you" or "your" refers to the user of the Service and purchaser of our products, including visitors that do not register for an account. The following Terms of Service are a legally binding contract between you and PostGamePlus regarding your use of the Service and our products.

Please read the following Terms of Service ("Terms" or "Agreement") carefully before accessing or using any of the Services. Each time you access or use our Services or purchase something from us, you, and if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms of Service and our Privacy Policy whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use our Service. PostGamePlus may change this Agreement at any time by posting an updated Terms of Service on this site. If any amendment to these Terms is unacceptable to you, you shall cease using this Site or App. If you continue using the Site or the App, you will be conclusively deemed to have accepted the changes.

In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.

 

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

  1. Eligibility for Our Service

By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

  1. Our Service and Products

    1. PostGamePlus offers online services for custom motion graphics (Products) designed for use with sports media content. The Products and Services available from us are for your personal use only. You may not sell or resell any of the Products or Services you purchase or otherwise receive from us.

    2. We reserve the right to refuse any purchase order and your access to the Services for any reason at any time in our sole and exclusive discretion.

    3. We reserve the right, with or without notice, to cancel any order to be filled or Products or Services to be provided to you that we believe, in our sole discretion, may result in the violation of this Agreement.

    4. The Service does not include any software application or service that is provided by you or a third party, which you use in connection with our Products or our Service.

    5. Any modifications and new features added to the Service and our Products are also subject to this Agreement.

    6. PostGamePlus reserves the right to modify or discontinue the Service, our Products and any feature or functionality thereof at any time without notice to you.

  2. Accounts and Registration

    1. You may be required to register for an account, or otherwise provide certain information to access some features of the Service or to make a purchase of our Products. When you do register for an account or make a purchase, you may be asked to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number, company name or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all "Your Information"). 

    2. If you do provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity.  You also agree to keep Your Information current and to update Your Information if any of Your Information changes. 

    3. Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy which you may access here https://www.postgameplus.com/privacy-policy.

 

  1. Account Management

    1. Keep Your Password Secure. If you have been issued an account by PostGamePlus in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties in your organization to access your account. You, and not PostGamePlus, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify PostGamePlus immediately.

    2. Keep Your Details Accurate. PostGamePlus may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.

    3. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.

    4. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms, with the exception of a license accompanying a fully paid-for Product, will immediately cease. Any license we grant to you for the use of our Products will continue unaffected.

    5. We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.

  2. Prices, Sales and Availability

  1. Any prices displayed in our Services are in U.S. dollars unless otherwise indicated.

  2. All applicable taxes, duties, tariffs and other charges are additional and your responsibility.

  3. We reserve the right in our sole and absolute discretion to change prices at any time and without notice.

  4. We reserve the right to limit or refuse the sale of our Products to any person, geographic region or jurisdiction in our sole and absolute discretion. We may exercise this right on a case-by-case basis.

  5. All descriptions of Products are subject to change at any time without notice and we reserve the right to discontinue any Product at any time.

  6. Any offer for sale of any Product made through our Service is void where prohibited.

  1. Payment

  1. Payment for our Products is provided by a secure third party payment processing service. By providing PostGamePlus with your method of payment information (credit card, debit card, Apple Pay or PayPal), you authorize us to charge you for purchases using the secure third party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information.

  2. You agree that we may charge you, and you will pay to PostGamePlus, any fee or penalty that is assessed or charged to us for a "Chargeback" resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.

  1. Delivery

  1. All  PostGamePlus Products are sold online through our Service and are delivered electronically via a download link provided to you either by an email or by means of a third party software / online storage service.

  2. You may request the physical delivery of the Product via a storage device, such as a CD, etc., however, PostGamePlus reserves the right to refuse this method of delivery in its sole and absolute discretion. Physical delivery will delay your receipt of the Product and PostGamePlus shall not accept or be held liable for any damages or injuries resulting from a delayed or failed physical delivery of our Products.

  1. Order Priority Delivery Service

  1. PostGamePlus offers a Order Priority Delivery Service for our Products. Product orders can be processed and delivered (electronically only) within 1 - 5 business days depending on the level of priority option you choose.

  2. If you choose any level of Order Priority Delivery Service option, you must provide PostGamePlus with all necessary User Content (defined hereafter) and all other materials necessary (in accessible and usable format and condition) to produce the Product and for the processing of your order within no less than three (3) hours after submitting / completing an online order. Your failure to comply with this section will preclude and disqualify you from receiving a refund of your purchase price for any reason whatsoever.

  1. Refund Policy

  1. All orders from PostGamePlus are final and nonrefundable.

  2. Return of a Product may only be made if you experience technical issues with the downloaded file, and PostGamePlus may, at its sole and independent discretion choose to repair the file or issue a refund if a repair cannot be made.

  3. All requests for a repair/refund or the cancellations of an order must be made in writing at Contact@PostGamePlus.com. If, in our sole discretion, the request for a refund is approved, PostGamePlus will issue a credit to your original method of payment.

  4. In the event of cancellation, your rights to use the Product terminates immediately, and you must delete or destroy any copies of the Product and its content.

  1. Purchasers Rights and Responsibilities; License

  1. You agree that all content, material and services including, without limitation, any software, object code, music, audio, sound or sound effects, font, typestyle or typeface, design, graphics, images, art, video, scripts, functions and files, used by PostGamePlus, its affiliates, employees, subcontractors, licensors or other commercial partners in the production of our Products, with the exception of any User Content (as defined hereafter) that is owned and provided by you, is owned by PostGamePlus or other parties that have licensed their content, material or provided services to us, and are therefore protected by copyright, trademark, trade secret and other intellectual property laws.

  2. Our Products may be used for videos, websites, blog posts, social media, advertisements, marketing campaigns, corporate presentations, film and television productions and other web and mobile applications.

  3. Upon your purchase of our Products, PostGamePlus grants to you a perpetual, worldwide, non-exclusive, non-sublicensable, non-transferable license to the Product to use, publish, display, broadcast, perform, copy and distribute with certain limited restrictions as follows:

  1. You may not modify, alter, reverse engineer, create derivative works from, sell, rent, transfer, sublicense or otherwise exploit for any commercial purpose (except for the purpose intended by this Agreement) in any way the content, material and services included in our Products or provided by PostGamePlus to you.

  2. You agree not to use our Products for any illegal purpose.

  3. You agree to be legally responsible for your use of the Product and agree to indemnify PostGamePlus for any damages, fines or assessments suffered by us due to your use of our Products in a manner that violates any law or statute, or results in your infringement of any third parties intellectual property rights.

  4. You may not use Product in any way that allows others to download, extract, or redistribute any part of the Product components as a standalone file.

  1. Notwithstanding anything to the contrary in this Agreement, as a condition of your purchase of our Product, you agree that PostGamePlus reserves the right to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, adapt, translate, create derivative works based upon and publicly perform on our Services and elsewhere, without restriction, your finished Product, without attribution, and without the  requirement of any permission from, or payment to, you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised.

  1. Your Access and Use of our Services

    1. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.

    2. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or our Products; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services or our Products; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

    3. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

    4. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services. 

    5. Our Services may now, or in the future, have "publicly accessible areas" that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that PostGamePlus shall not, under any circumstances, be liable in any way for any User Content.

    6. You understand that PostGamePlus may issue upgrade versions of any mobile App and you consent to receiving automatic upgrades on your mobile device.  You also acknowledge and agree that standard carrier data charges may apply to your use of the Service including, without limitation, text messages.

    7. You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes.  You shall not solicit for commercial purposes any users of our Services without our prior written permission.

    8. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services.

  2. Prohibited Uses of our Service and Products

In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use our Services and Products to:

  1. Infringe upon someone else's trademark, copyright or other intellectual property or other rights.

  2. Impersonate any person or entity.

  3. Transmit any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful or racially, ethnically, socially, politically, legally, morally, religiously objectionable.

  4. Stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of others.

  5. Advocate for or harass or intimidate another person.

  6. Promote information that is false or misleading.

  7. Promote violence, hatred or physical harm of any kind against any group or individual.

  8. Transmit anything that exploits children or minors or that depicts cruelty to animals.

  9. Solicit personal information from anyone under the age of 18.

  10. Use the service in an illegal manner or to commit an illegal act.

  11. Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.

  12. Transmit any content that contains video, audio, or images of another person without his or her permission or that of their legal guardian.

  13. Provide instructional information about illegal activities.

  1. Suspension and Termination of Services

  1. PostGamePlus may limit or suspend or terminate the Services to you if you fail to comply with these Terms, the Privacy Policy or if you use the Services in a way that causes legal liability to us or disrupts use of the Service by other users.

  2. PostGamePlus may also suspend providing the Services to you if we are investigating suspected misconduct by you. PostGamePlus will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.

  1. Information Accuracy

  1. We attempt to ensure that information on this Service is complete, accurate and current. Despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Service.

  2. Furthermore, information on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice and cancel orders placed for Products or services listed incorrectly or at the wrong price.

  3. We have made every effort to display as accurately as possible the colors and images of our Products that appear on our Service. We cannot guarantee that your computer monitor's display of any color will be accurate.

  1. Proprietary Rights

As between PostGamePlus and you, PostGamePlus or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service or our Products in accordance with these Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by PostGamePlus.

  1. Intellectual Property Rights

    1. Our names, graphics, logos, page headers, button icons, scripts and service names are our trademarks, service marks or trade dress in the United States and/or other countries (collectively "Our Proprietary Marks"), and are owned by PostGamePlus exclusively. You may not use Our Proprietary Marks without our prior written permission.

    2. Any third-party names, trademarks, and service marks are property of their respective owners.

    3. We make no proprietary claim to any third-party names, trademarks, logos, slogans, service marks ("Third Party Proprietary Marks") appearing on our Services or in our Products, or included in any Products produced for you.

    4. You represent and warrant that you have a license or the right to use the Third Party Proprietary Marks of any third party that you submit for inclusion and appears in the Products we produce for you, and that you shall indemnify PostGamePlus for any damages we may suffer as a result of your violation of this representation and infringement of any third party intellectual property rights.

    5. The information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from our Services and included in our Products (collectively, "Our Content"), including, without limitation, all audio files, videos, font, typestyle or typeface, sounds and sound effects, text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are copyrighted by us, or are otherwise licensed to us or Our Content suppliers.

    6. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the "Collective Work").

    7. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Listening, viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.

    8. Reference to any Products, services, processes or other information, by trademark, service mark, trade name, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

    9. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

  2. Use of Our Website Content

    1. We grant you a limited license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.

    2. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.

  3. User Content Rights and Related Responsibilities; License

    1. "User Content" means, without limitation, any trademarks, logos, slogans, service marks, digital files, images, graphics, designs, photos, artwork, videos, audio, sounds, fonts or type styles, messages, texts, reviews, comments, feedback, suggestions, documents, personal profile (including your photo) or any other content of any nature that you upload, transmit or otherwise make available to PostGamePlus and its users via the Services and/or for use in creating one, or more, of our Products.

    2. You represent and warrant that you own or otherwise have a license or control the rights to your User Content and that each and every part thereof, is either an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times; and further, that your use does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

    3. You agree to indemnify PostGamePlus and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from use of your User Content.

    4. By submitting User Content on or through the Service, you grant PostGamePlus a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such User Content without attribution, and without the  requirement of any permission from or payment to you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised.

    5. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, modify, alter, process, store and copy User Content in order to provide our Services and our Products. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.

    6. You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general.

    7. PostGamePlus expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent it's loss.

    8. You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by PostGamePlus resulting therefrom.

    9. PostGamePlus may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, ownership, completeness, appropriateness, or legality of User Content.

    10. You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.

    11. User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.

    12. PostGamePlus has no control over User Content once posted, and it is possible that visitors to the Site may copy User Content and repost it elsewhere.

    13. You agree not to submit User Content as part of the Service any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material.

  4. User Contributions and Comments

You may have the opportunity to provide contributions, comments, suggestions, communications, emails and ideas (collectively, “Contributions”). You agree that when you do provide us with Contributions it is not confidential information and you grant us sole ownership of the same, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, publish, distribute, publicly display, publicly perform, excerpt, modify, adapt, modify and create derivative works from in any form or media now known or hereinafter developed, without any obligation on our part to provide you with attribution or compensation therefore.

  1. Interruption of Service

    1. Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.

    2. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.

  2. Third Party Links, Services and Content

The Service may contain features, services and functionalities linking you to, or providing you with access to third party services and content, websites, directories, servers, networks, systems, information, databases, applications, software, programs, courses , services, and the Internet as a whole. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, courses or other materials on or available from such sites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s Terms of Service and Privacy Policy and you release us from any liability.

  1. Electronic Communications

    1. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services.  When you use our Services, you consent to communicating with us electronically. 

    2. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  2. Electronic Transactions

  1. Your use of our Services includes the ability to enter into agreements, including these Terms, and to make transactions electronically, including financial transactions and purchases. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, financial transactions and purchases.

  2. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including purchases, financial transactions, notices of cancellation, policies, contracts, and applications.

  1. Security

Violating the security of our Services is prohibited and may result in criminal and civil liability. PostGamePlus may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

  1. Privacy and Your Personal Information

For information about the PostGamePlus data protection practices and privacy policies, please read our Privacy Policy where you accessed these Terms of Service or here https://www.postgameplus.com/privacy-policy. This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to the use of your data in accordance with PostGamePlus Privacy Policy.

  1. Copyright and Intellectual Property Policy

We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person's copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person's intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").

A valid complaint under the DMCA must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

  2. Identification of the copyrighted work that you claim has been infringed.

  3. Identification of the material that is claimed to be infringing and where it is located on the Service.

  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. The above information must be submitted to the Copyright Agent at: Contact@PostGamePlus.com

 

  1. Disclaimers; No Warranties

  1. ALL SERVICES AND PRODUCTS AVAILABLE FROM POSTGAMEPLUS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POSTGAMEPLUS AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “POSTGAMEPLUS PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.

  3. THE SERVICES AND PRODUCTS CAN INCLUDE TECHNICAL ERRORS OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE OR APP MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE OR APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.

  4. THE POSTGAMEPLUS PARTIES DO NOT WARRANT THAT THE PRODUCTS, SERVICES OR THE SERVERS THAT MAKE THE PRODUCTS AND SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CONTENT COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

  5. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICE PROVIDED BY POSTGAMEPLUS IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT OR FILES FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT OR FILES THROUGH THE SERVICE.

  6. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.

  7. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limitation Of Liability

  1. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, OUR SERVICES AND OUR PRODUCTS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

  2. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT, FILES OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR DOWNLOADING ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY; OR (VI) YOUR RELIANCE UPON OR USE OF OUR PRODUCTS, CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  

  3. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.

  4. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.

  5. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT, OR THE PURCHASE AND USE OF OUR PRODUCTS, SHALL NOT EXCEED, IN THE AGGREGATE, THE PRODUCT PURCHASE PRICE AMOUNT ACTUALLY PAID BY USER TO POSTGAMEPLUS, IN THE PURCHASE OR TRANSACTION GIVING RISE TO SUCH CLAIM.

  6. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  7. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

  1. Indemnity

    1. You agree that you will be personally responsible for your use of the Service and Products  you purchase from us; and you further agree to defend, indemnify and hold harmless PostGamePlus and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service or the Products you purchase through the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any death, or serious physical or serious emotional harm, to you or any third party resulting from your use of the Services or Products purchased though the Service.

    2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

  2. Release

    1. By using the Services and our Products, you release, to the maximum extent allowed by law, PostGamePlus, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services or Products, including without limitation, any death or serious emotional or serious physical harm.

    2. If you are a California resident, you waive California 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”  

  3. Governing Law

This Agreement, and any separate agreements whereby we provide you Services or Products, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of California in and for the County in which PostGamePlus has established its principal office.

  1. Our Remedies

    1. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.

    2. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of California in and for the County in which PostGamePlus has established its principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.  

  2. Dispute Resolution

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.

 

THIS AGREEMENT ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

 

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICE. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICE.

 

For any dispute you have with PostGamePlus, you agree to first contact us at Contact@PostGamePlus.com and attempt to resolve the dispute with us informally. If PostGamePlus has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:

  1. Claims. You and we agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

  2. Applicable Law. You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.

  3. Agreement to Arbitrate. You and we each agree that any and all disputes or claims between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any courses or services delivered, sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.

  4. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.

  5. Arbitration Procedures. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  6. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of California in and for the County in which PostGamePlus has established its principal office. You and we agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of California; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of California.

  1. Law Enforcement

    1. PostGamePlus is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If PostGamePlus receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.

    2. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), PostGamePlus may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. PostGamePlus will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.

  2. Statutory Rights; Notice To California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.

  1. Amendments to this Agreement

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services.  You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement.  Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

  1. Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

  1. No Waiver

Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

  1. Right of Assignment

This Agreement is personal to you and is not assignable by you without our prior written consent. PostGamePlus may assign this Agreement, without notice or consent from you, to any successor in interest of PostGame Plus LLC, or a wholly owned affiliate of PostGame Plus LLC, provided that such assignee agrees to be bound by these terms.

  1. Entire Understanding

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at Contact@PostGamePlus.com

 

Last updated: December 26, 2018

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