PLAYBOOK's Platform can be found athttps://www.get-playbook.com, and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed, operated, etc. by PLAYBOOK. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the "Platform".
PLAYBOOK ("PLAYBOOK", ‘we’ or ‘us’) provides a subscription service for courses and community ("Content") to their Account Users. You are an Account User if you have paid for an annual subscription, are a Founding Member, have received access to the Platform through PLAYBOOK Scholarship Programs, or as a gift certificate. PLAYBOOK offers this platform along with a number of additional services and tools (e.g. payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as "PLAYBOOK Services".
By using our Platform in any manner you are expressly agreeing to, and give your consent to be governed by, theseTerms. If you do not agree with these Terms or you do not wish to be bound by these Terms, You must not use or access PLAYBOOK's Platform in any manner.
PLAYBOOK is not an educational institution. The Account Users are not employees of PLAYBOOK. PLAYBOOK is not responsible for interactions between the Account Users in the community, with the exception of providing the technological means through which they may connect. PLAYBOOK is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the relationship the Account Users have with each other, including but not limited to, any User’s reliance upon any information provided by the Content on the Platform.
Users assume full responsibility for the disclosure and use of any other personal information the User chooses to disclose to anyone on the Platform.
II. Terms Applicable to All Users of the PLAYBOOK Platform
A. Age of Access
You must be at least 18 years old to use the Platform, or, if You are between the ages of 13 and 18, You must have your parent or guardian's permission to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are 'representing' and 'warranting' that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOTUSE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.
B. License to Creators & Students
PLAYBOOK grants You a limited, non-exclusive license to access and use PLAYBOOK's Platform for Your own personal and non-commercial purposes (or are we giving commercial as well).This license is only for Your use and may not be assigned or sublicensed to anyone else, without PLAYBOOK's express written consent. You will not try to reproduce PLAYBOOK's Platform (legally that's known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by PLAYBOOK are reserved.
C. Code of Conduct
1. No Illegal Activity: This is about as simple as it gets. Do not use the PLAYBOOKPlatform for any illegal activity. Period. You are not allowed to use ourPlatform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from any country).
2. No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.
3. No Bad Code: Do not use the PLAYBOOK Platform to transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
4. No Spamming: Seriously. No one likes spam. We don't like spam. We're pretty sure that You don't like your inbox cluttered with spam. You may not use the PLAYBOOK Platform to engage in any activities that will result in sending spam to anyone on the PLAYBOOK Platform, including PLAYBOOK (and its employees), Instructors, Coaches, Mentors and Students.
5. Be Civil: We mean this. We're an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the PLAYBOOK Platform we are going to be civil and respectful at all times.
6. No Exploitation: You will not use the PLAYBOOK Platform to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing Content.
7. No Impersonation: Imitation is the sincerest form of flattery, but not when it comes to representing that You area part of PLAYBOOK. You will not impersonate anyone on the PLAYBOOK Platform, including PLAYBOOK (and its employees), Instructors,Coaches, Mentors and Students.
8. No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods.
9. No Use Other Than Intended: You may not use the Platform or any Content contained on the Platform for any purposes other than intended.
If You violate this Code of Conduct, we reserve the right to remove You from the Platform. Whether Your conduct violates our Code of Conduct will be determined in PLAYBOOK's sole discretion.
III. PLAYBOOK's General Rights In Operating Its Platform
A. PLAYBOOK Reserves the Following Rights Over the Entire PLAYBOOK Platform:
1. PLAYBOOK may modify, terminate, or refuse to provide PLAYBOOK Service sat any time for any reason, without notice.
2. PLAYBOOK may remove anyone from the PLAYBOOK Platform at any time for any reason, solely in its discretion.This right is not modified by any other section of this Agreement.
3. PLAYBOOK reserves the right to access Your account, Dashboard and Content in order to respond to requests for technical support, to maintain the safety and security of the PLAYBOOK Platform, and for other legitimate business purposes, as necessary, inPLAYBOOK’s discretion.
4. PLAYBOOK may, but has no obligation to, monitor any content that appears on the PLAYBOOK Platform or review any conduct occurring through the Platform, including any interactions between members and PLAYBOOK employees.
5. PLAYBOOK reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
6. If You close Your account, PLAYBOOK may keep a copy of Your content (I think this refers to a platform which allows users to upload content- so maybe re-think this clause) after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
7. PLAYBOOK reserves the right to remove You without warning if You violate any of the provisions of this Agreement.
8. PLAYBOOK has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time.
A. Gateway Options
PLAYBOOK operates two different types of payment options for Creators who use our Platform: PLAYBOOK Gateways and Custom Gateways. Your use of either type of gateway is covered by the terms of this section.
B. PLAYBOOK Native Gateways
For the avoidance of doubt, the term PLAYBOOK Native Gateways is a reference to PLAYBOOK Payment Gateways.
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide PLAYBOOK information regarding your credit card or other payment instrument. You represent and warrant to PLAYBOOK that such information is true and that you are authorized to use the payment instrument.You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay PLAYBOOK the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize PLAYBOOK to bill your payment instrument in accordance with the terms of the applicable payment plan(as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let PLAYBOOK know within sixty (60) days after the date that PLAYBOOK charges you. We reserve the right to change PLAYBOOK's prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services.
Recurring Subscriptions: If you select aService with an auto renewal feature (“Recurring Subscription”), you authorize PLAYBOOK to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you.In the event that PLAYBOOK is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, PLAYBOOK, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
PLAYBOOK may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change.As permitted by local law, you accept the new price by continuing to use yourRecurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
Refund Policy: Payments are nonrefundable and there are no refunds or credits for partially used periods.You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
If you subscribed on our website, you can cancel by contacting Support at email@example.com or by going to Settings in your account, selecting Cancel under the Subscription box and then following the onscreen instructions to continue and cancel subscription.
V. Account Ownership Disputes
In the unlikely event that there is a dispute over the ownership of an account, PLAYBOOK has the right to request additional information from You to determine ownership and settle the dispute.The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:
• a copy of Your photo ID;
• Your billing information and details;
• Other documentation as we deem necessary to settle the dispute
Should a dispute arise, PLAYBOOK reserves the right to determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law
A. PLAYBOOK charges fees to access particular features of the PLAYBOOK Platform through paid subscription plans.
B. Pricing for the PLAYBOOK Platform is described on our pricing page.
C. Depending on the payment processing method, PLAYBOOK may charge transaction fees. You agree to pay all fees and charges that are made to Your account and that You are solely responsible for payment of these fees and charges.
D. Paid plans are automatically charged at the beginning of each billing period. Unless You submit a cancellation request to us in writing via email(firstname.lastname@example.org) or directly through Your account prior to the start of the billing period, Your plan will be charged upon the anniversary of its billing period. You agree that PLAYBOOK may charge any recurring service to the credit card or debit card that you provide. So this is already referenced in IV recurring subscriptions.
E. Should You not authorize payment or are otherwise not current on Your payments for PLAYBOOK Services, PLAYBOOK may restrict Your Platform access until Your account becomes current and paid in full.
F. PLAYBOOK reserves the right to offer custom plans and pricing in addition to what is offered on the pricing page. Custom plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.
VII. Errors and Corrections
PLAYBOOK does not guarantee that thePlatform or any services offered through the Platform will be error-free or otherwise reliable, nor does PLAYBOOK guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. PLAYBOOK may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content.
We reserve the right to amend thePlatform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or the entire Platform to Users.
VIII. Limitations of Liability
In running the Platform, we require that You understand and agree that PLAYBOOK is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that thePlatform is offered As Is and may not always be 100% perfect or reliable and that PLAYBOOK doesn't warrant or guarantee that it will always be free of errors or defects.
Our limitations of liability are as follows:
A. You agree that PLAYBOOK, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the PLAYBOOK Platform.
B. You agree that PLAYBOOK shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.
C. PLAYBOOK is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
D. PLAYBOOK does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
E. The PLAYBOOK Platform is provided to You on an "As Is, As Available" basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the PLAYBOOKPlatform.
F. PLAYBOOK disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
G. PLAYBOOK shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
H. You agree that PLAYBOOK shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless PLAYBOOK, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other PLAYBOOK policies, and copyright and other intellectual property law)
I. You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.
J. You may not assign Your rights under this Agreement without PLAYBOOK's prior written consent.
K. You agree that PLAYBOOK shall not be liable for any content that appears on the Platform.
L. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.
M. You agree that any cause of action or claim that You may have against PLAYBOOK must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred.
IX. Remedies for Violations
PLAYBOOK reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Users from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.
The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be apart of the language of this Agreement. Neither You nor PLAYBOOK shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.
Whenever such wording may appear in thisAgreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.
XIV. Contact Us