Terms of Service
The following terms and conditions (“Terms of Service”) govern your access to, and use of, the Plan2Play.com website (the “Service”) operated by WannaPlay, LLC dba Plan2Play (“Plan2Play”).
By clicking on the “I Agree” checkbox or by accessing, browsing, or otherwise using the site, you agree to be bound by this terms of service and any of the related policies or guidelines, including any subsequent changes or modifications to them. By accessing and using the Service, you represent and warrant that you are at least 18 years old or older. Users under age 18 but above age 13 are permitted to use the Service, provided that they do so with the consent of a parent or legal guardian who accepts the Terms of Service on the minor’s behalf. If you do not agree to this terms of service or any changes, do not access or otherwise continue to use this site.
If you would like to use the Service, you will need to register as a user (“Registered User”) by providing us with your name and email address and creating a username and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.
Use of Personal Data
The Site and the App contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Plan2Play (collectively referred to as the “Plan2Play Content”). The Plan2Play Content is owned by us or our licensors, and is protected under both United States and foreign laws. The Plan2Play Content includes trademarks, service marks, and logos of Plan2Play and its licensors used and displayed on the Service, which are registered and/or unregistered trademarks or service marks of Plan2Play or its licensors.
Except as otherwise provided in these Terms of Service, you have no rights in or to the Plan2Play Content, and you must not:
- Use the Plan2Play Content except as permitted under these Terms of Service;
- Remove any copyright or other proprietary notices contained in the original Plan2Play Content on any copy you make of the Plan2Play Content;
- Sell, transfer, assign, license, sublicense, or modify the Plan2Play Content or use the Plan2Play Content for any public or commercial purpose;
- Make derivative uses of the Service or the Plan2Play Content;
- Systematically collect or extract data through the use of any data mining, robots, or similar data gathering or extraction methods;
- Use or post the Plan2Play Content on any other website or in a networked computer environment.
You are not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of Plan2Play or any third party. Any unauthorized use of the Service will terminate the permission or license granted by Plan2Play to you under this Terms of Service and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Plan2Play does not claim any ownership rights in the images, graphics, text, data, hyperlinks, and other material supplied by you to us in connection with the Service (collectively, “User Generated Content”). By uploading any User Generated Content, you hereby grant us an irrevocable, non-exclusive, worldwide, fully-paid and royalty-free, sublicensable, transferable license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such User Generated Content, along with the right to excerpt, analyze, index, and create derivative works from such User Generated Content solely in connection with provision of the Service. You represent and warrant that: (i) you own the User Generated Content or otherwise have the right to grant the license set forth in this section, and (ii) the posting and use of your User Generated Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree that we may remove User Generated Content that is offensive or otherwise unacceptable to us in our sole discretion.
Our community, like any community, functions best when we all follow a few simple rules. By accessing and/or using the Service, you hereby agree that:
- You will not use the Service for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person, or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk” or otherwise harass another;
- You will not spam or use the Service to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
- You will not interfere with or attempt to interrupt the proper operation of the Service through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Service through hacking, password or data mining, or any other means.
Each of us is an important part of the Plan2Play community. If you see something that you think violates these community guidelines, please help us by using our flagging option. Our team that reviews these reports and works as quickly as possible to remove content that is deemed inappropriate.
If you violate these Community Guidelines, your account will be suspended and you will no longer be permitted to log in. Any offensive material posted will be immediately removed. The final decision in inappropriate content is that of the Plan2Play staff.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Service, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer and Limitation of Liability
In no event shall we be liable for any indirect, special, incidental, consequential, or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity, or otherwise, arising out of or in any way connected with the use of or inability to use this Service or the materials therein or resulting from unauthorized access to or alteration of data.
You agree that Plan2Play’s aggregate liability for any actual and direct damages hereunder shall not exceed the amounts you paid to Plan2Play during the prior 12 month period or $100. You acknowledge that this is a reasonable allocation of risk for your use of the Service.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions, or damages, so some of the above exclusions may not apply to you.
The Service and the materials contained therein are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. You expressly agree that use of the Service, including all content or data distributed by or downloaded or accessed from or through the Service, is at your sole risk. Plan2Play disclaims all warranties, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, materials, and content on the site. Plan2Play does not represent or warrant that materials in the Service are accurate, complete, current, reliable, or error-free.
Plan2Play is not responsible for typographical errors or omissions relating to pricing, text, or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
The Service may contain links to third-party websites (“External Sites”), but we do not endorse and are not responsible for the content of any linked External Sites. Please refer to the terms of service and privacy policies of the External Sites for more information.
Furthermore, Plan2Play takes no responsibility for any damages, injuries, or other consequences that occur from you using Plan2Play content. Many athletic or other active endeavors or hobbies should only be performed under the direction of qualified professionals and using appropriate safety equipment and personnel. You accept all responsibility and release Plan2Play from any liability arising out of or relating to your use of such content in the performance of such activities.
Applicable Law and Venue
This Terms of Service and any transactions on this Service shall be governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and entirely to be performed within the State of North Carolina, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Durham, North Carolina, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Terms of Service.
Compliance with Applicable Laws
The Service is based in the United States, and is intended to be used only by residents of the United States. We make no claims concerning whether the Service may be viewed or be appropriate for use outside of the United States. If you access the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Changes to This Terms of Service
Plan2Play reserves the right to change or modify any of the terms and conditions contained in this Terms of Service, or any policy of the Service, at any time and in its sole discretion. If Plan2Play decides to change this Terms of Service, it will post a new version on the Service and update the effective date set forth above. Any changes or modifications to this Terms of Service or policy will be effective upon posting of the revisions. Your continued use of the Service following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review this Terms of Service and any other applicable policies, including their dates, to understand the terms and conditions that apply.
System and Network Security
You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, 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 on the Service.
- Interference with the Service including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
- Forging of any packet header, email header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
- Using manual or electronic means to avoid any use or access limitations placed on this Service.
We may terminate these Terms of Service and your access to all or any part of the Service at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability. Upon termination for any reason, your right to access and/or use the Service will immediately cease.
If you believe any content available through the Service infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
To contact our Copyright Agent by regular mail, please write to:
1009 Slater Road, Suite 420
Durham, NC 27703
To contact our Copyright Agent by email, please write to [email protected] with COPYRIGHT NOTICE in the subject line.
In the event that any portion of these Terms of Service is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Service shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, the section entitled Applicable Law and Venue, and the section entitled Disclaimer and Limitation of Liability shall survive the termination of these Terms of Service. You may not assign these Terms of Service. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Service. These Terms of Service contain the entire agreement of the parties concerning the Service and supersede all existing agreements and all other oral, written, or other communication between the parties concerning its subject matter. You shall comply with all laws, rules, and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Service.
Questions or comments regarding this Service, including any reports of non-functioning links, should be submitted using our email address [email protected] or via U.S. mail to:
1009 Slater Road, Suite 420
Durham, NC 27703
We try to respond in a timely manner but are not always able to do so.
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