Throughout this Agreement, the words “Gameday Connections,” “us,” “we,” and “our,” refer to our company, Gameday Connections, as is appropriate in the context of the use of the words.
Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, Gameday Connections may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Gameday Connections immediately of any unauthorized use of your account or any other breach of security. Gameday Connections will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Gameday Connections or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
After properly registering for the Platform and paying any fees required to access the Platform, we grant you a personal, non-exclusive, fully revocable, non-assignable, non-transferable, limited right to use and access our Platform as permitted by us. As a user, you do not receive any ownership interest in the Platform; you merely receive the aforementioned access. All rights not explicitly granted are reserved for Gameday Connections. You agree to abide by the following licensing restrictions listed below:
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your access to use our Platform, at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm or have harmed Gameday Connections or the Platform itself. Failure by us to revoke your access does not act as a waiver of your conduct.
Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Platform will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. The Gameday Connections does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant the Gameday Connections, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Platform.
User Content found on the Gameday Connections Platform does not necessarily reflect the opinion of Gameday Connections. We reserve the right to remove, delete, modify, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and with or without notice to you. For example, we may remove User Content if we believe it violates our community standards. We have no obligation to retain or provide you with copies of User Content. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content.
When submitting any User Content you agree to the following:
If you have violated any of our User Content Guidelines or if you we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated.
Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We make no uptime guarantees. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.
When accessing or using our Platform, you are solely responsible for your use and for any use of the Gameday Connections Platform made using your account. You agree to abide by the following rules of conduct:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Gameday Connections reserves the right to suspend or terminate any account at any time without notice or explanation.
You acknowledge that the Platform may reside in a third party hosting company’s computing environment, which comprises both servers and telecommunications services, and that certain uses of the capabilities offered by such third parties may render the Platform inaccessible or may impair the performance of the Platform for you. You agree that Gameday Connections is not responsible for any loss, including losses of any User Content due to any third party services that host the Platform.
Please be aware that our Platform and any information found within it are offered “as-is.” The Platform and any services offered are not fail-safe and are not designed or intended for use in situations requiring fail-safe, error-free, or interruption-free performance which could lead to severe injury to business, people, property, or the environment (“Essential Activities”). These Essential Activities may include, without limitation, vital business operations, personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from the Essential Activities and you expressly release us from any liability related to such Essential Activities. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Platform will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Platform. Through the Platform you may be able to meet third parties, we ask you to exercise common sense and good judgment when doing so. You agree to release us from any liability related to any encounters with third parties that may occur through your use of the Platform. By using the Platform you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other third parties will be limited to a claim against the particular third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Gameday Connections with respect to such actions or omissions.
You will immediately notify Gameday Connections of any problems or issues with the Platform. You understand that we cannot guarantee that our Platform is error-free and that Gameday Connections cannot be responsible for any interruption to the Platform due to faulty equipment, faulty transmission systems, power outages, other interruptions in transmission services, transmission systems that have been tampered with or any damage or destruction to our equipment or facilities.
In order to use and access portions of the Platform, you may be required to pay a monthly fee or other fee as listed on the Platform. You agree to pay the fee listed on the Platform upon sign-up or upon the expiration of your free trial. If you have signed up for automatic billing, YOU HEREBY AGREE AND AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON A MONTHLY BASIS. Your credit card information will be shared with our third party payment processor. By purchasing anything from our Platform you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us, and you must agree with our payment processor’s policies before paying for any portions of the Platform.
You may cancel your membership at any time via your account dashboard or contacting us at firstname.lastname@example.org. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled. Upon termination you will not be entitled to any refunds or proration of any membership fees paid except as stated in this Agreement. We may terminate your membership if we determine that: (1) you have violated any applicable laws while using our Platform; (2) If you have violated this Agreement or any other of our Platform policies; or (3) if we believe that any of your actions may harm Gameday Connections, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
At Gameday Connections we want you to be satisfied with any services offered via the Platform. However, as we offer a service that depends on your usage and access to the Platform, we generally do not provide refunds. However, if you believe that you are entitled to a refund please contact us at email@example.com. Please be aware that Gameday Connections has the final and sole discretion in issuing any refunds to any users.
Upon payment, Gameday Connections shall provide reasonable storage space for any User Content submitted by you. However, in the event that you exceed any storage capacities provided by Gameday Connections, in our sole discretion, we reserve the right to charge you additional amounts for storing your excess User Content, or we reserve the right to refuse storage of such User Content.
Upon termination of the Platform by either the user or Gameday Connections, the Platform shall become inaccessible to the user. The user understands and agrees that Gameday Connections will not offer any data migration services and may delete or remove any User Content after 30 days from the date of termination of this Agreement. The user agrees that Gameday Connections shall have no obligation to make any User Content available to the user after such period. You understand that all User Content may become deleted, destroyed, or inaccessible and you agree that you will not hold Gameday Connections liable for any loss of User Content.
Gameday Connections or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Gameday Connections. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Gameday Connections’ products might seem similar to ideas you submitted to Gameday Connections. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Gameday Connections, without any compensation to you; (2) Gameday Connections may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Gameday Connections to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
The name “gamedayconnections.com”, “Gameday Connections,” the design of the Gameday Connections Platform along with Gameday Connections created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein ("Marks"), are owned by or licensed to Gameday Connections. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Gameday Connections reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given you express written permission.
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GAMEDAY CONNECTIONS, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO GAMEDAY CONNECTIONS OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
GAMEDAY CONNECTIONS DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. GAME DAY CONNECTIONS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. GAMEDAY CONNECTIONS DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND GAMEDAY CONNECTIONS SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
IN NO EVENT SHALL GAMEDAY CONNECTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Gameday Connection’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
You agree to defend, indemnify and hold harmless Gameday Connections, its officers, directors, employees and agents, 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:
This defense and indemnification obligation will survive this Agreement and your use of the Gameday Connections Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Gameday Connections, firstname.lastname@example.org
Gameday Connections and its Platform may only be used by persons 13 years and older. If you are under 13 please stop using our Platform and please do not submit any information to us. If you are between the ages of 13 and 18 you must have your parents read and agree to this Agreement.
This Agreement shall be governed by the laws in force in the state of Arizona. The offer and acceptance of this contract is deemed to have occurred in Arizona.
By using this Platform, you agree that: (1) any claim, dispute, or controversy you may have against us, Gameday Connections LLC or the Platform arising out of, relating to, or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date of the event giving rise to such action and the arbitration shall be held in Maricopa County, AZ, or at such other location as may be mutually agreed upon by you and Gameday Connections LLC.; (3) the arbitrator shall apply Arizona law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Gameday Connections LLC’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures, Gameday Connections LLC shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither user nor Gameday Connections LLC shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org. In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent jurisdiction located in Maricopa County, AZ.
You and Gameday Connections agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Gameday Connections are deemed to conflict with each other’s operation, you agree that Gameday Connections shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Gameday Connections must be sent to our agent for notice to: email@example.com
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The communications between you and Gameday Connections use electronic means, whether you visit the Platform or send Gameday Connections e-mails, or whether Gameday Connections posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Gameday Connections in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Gameday Connections provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Last Modified: May 20, 2016