Terms & Conditions for Playmaker University
Effective February 17, 2024
Updated Jun 12, 2024
Acceptance of the Playmaker University Terms and Conditions of Use
These terms and conditions of use for Playmaker University, constitute a legal agreement and are entered into by and between you and The Life is Good Playmaker Project and its affiliates (“Company”, “we”, “us”, “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content and functionality offered on or through Playmaker University.
BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY.
By using Playmaker University, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Playmaker University.
Modifications to the Terms and Conditions and to Playmaker University
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of Playmaker University. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of any modifications.
The information and material on Playmaker University, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of Playmaker University is restricted to users or unavailable at any time or for any period.
Your Use of Playmaker University and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to Playmaker University. Users are required to ensure that all persons who access Playmaker University through a user's internet connection are aware of these Terms and Conditions and comply with them. Playmaker University, including content or areas of Playmaker University, may require user registration. It is a condition of your use of Playmaker University that all the information you provide on Playmaker University is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to Playmaker University. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on Playmaker University.
Your provision of registration information and any submissions you make to Playmaker University through any functionality such as applications, discussions, posts, replies, e-mail, private messages, personal, interest group web pages, profiles and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to Playmaker University or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of Playmaker University including, without limitation:
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accessing content and data that is not intended for you;
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attempting to breach or breaching the security and/or authentication measures which are not authorized;
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restricting, disrupting or disabling service to users, hosts, servers, or networks;
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illicitly reproducing TCP/IP packet header
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disrupting network services and otherwise disrupting The Playmaker Project’s ability to monitor Playmaker University;
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using any robot, spider, or other automatic device, process, or means to access the Playmaker University for any purpose, including monitoring or copying any of the material on Playmaker University;
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introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
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attacking Playmaker University via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and
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otherwise attempting to interfere with the proper working of Playmaker University.
Intellectual Property Rights and Ownership
You understand and agree that Playmaker University and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Playmaker Project, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Playmaker Project name and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Playmaker Project or its affiliates or licensors. You must not use such marks without the prior written permission of Playmaker Project. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on Playmaker University are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You have no right, title, or interest in or to Playmaker University or to any content on Playmaker University, and all rights not expressly granted are reserved by the Playmaker Project. Any use of Playmaker University not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use Playmaker University only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to Playmaker University, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Without limiting the foregoing, you warrant and agree that your use of Playmaker University and any User Submissions shall not:
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In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
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In any manner violate the terms of use of any third-party website that is linked to Playmaker University, including but not limited to, any third-party social media website.
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Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.
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Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
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Involve, provide, or contribute any false, inaccurate, or misleading information.
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Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms and Conditions.
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Impersonate or attempt to impersonate the Company, a Playmaker Project employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
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Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
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Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of Playmaker University, or which, as determined by us, may harm the Playmaker Project or users of Playmaker University or expose them to liability.
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Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
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Promote any illegal activity, or advocate, promote, or assist any unlawful act.
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Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
User Submissions: Grant of License
Playmaker University may contain Interactive Functions allowing User Submissions on or through Playmaker University.
By providing any User Submission to Playmaker University, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not the Playmaker Project nor Playmaker Project 's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of Playmaker University.
Notice of Copyright or Trademark Infringement
The Playmaker Project respects the intellectual property of others. When we become aware of allegations of copyright or trademark infringement in material distributed through Playmaker University or any of the Playmaker Project's other social media platforms, we will investigate and address the allegations. Playmaker Project's response can include, without limitation, termination of the infringer's access to Playmaker University or other Playmaker Project social media.
If you misrepresent that material infringes your intellectual property rights, you may be liable for damages, including attorneys' fees and costs. If Life is Good determines to restrict or terminate a user's access to Playmaker University or other Playmaker Project social media, Playmaker Project will make a good faith effort to notify the person who posted the infringing content so that they may make counter notification pursuant to applicable laws. Playmaker Project shall document all notices of alleged infringement upon which it decides to take action. A copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.
If you believe that your trademark rights or copyright have been infringed on Playmaker University, please email support@playmakerproject.org with the following information:
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Identification of the trademark or copyrighted work claimed to have been infringed;
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Identification of the allegedly infringing material on Playmaker University (identified by url) or other Playmaker Project social media that you are requesting be removed;
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Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you;
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A statement that you have a good-faith belief that the use of the trademark or copyrighted work is not authorized by the owner, its agent, or the law;
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A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner the intellectual property right that is allegedly infringed,
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An electronic or physical signature of the intellectual property owner or someone authorized on the owner's behalf to assert infringement and to submit the statement.
Playmaker Project's agent for notice of claims of infringement is its General Counsel, who can be reached as follows:
The Life is Good Company
Attn.: General Counsel
253 Summer Street, Floor 1
Boston, MA 02210
E-mail: ipinfringement@lifeisgood.com
Site Monitoring and Enforcement, Suspension, and Termination
Playmaker Project has the right, without provision of notice to:
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Remove or refuse to post on Playmaker University any User Submissions for any or no reason in our sole discretion.
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At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating Playmaker University and User Submissions and Site Content Standards or Terms and Conditions.
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Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of Playmaker University Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Playmaker University.
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Terminate or suspend your access to all or part of Playmaker University for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS THE PLAYMAKER PROJECT AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY PLAYMAKER PROJECT AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor Playmaker University or its use, and do not and cannot undertake to review material that you or other users submit to Playmaker University. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
No Reliance
The content on our Playmaker University is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Playmaker University includes content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Playmaker Project, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Playmaker Project. Neither Playmaker Project nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Privacy
By submitting your personal information and using Playmaker University, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of Playmaker University.
By using Playmaker University, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of Playmaker University may not function adequately. For more information on this automated information gathering practices, see the Tracking Technologies section of our Privacy Policy.
Third-Party Websites
For your convenience, Playmaker University may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from Playmaker University. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from Playmaker University may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from Playmaker University. You may only use these features when they are provided by us and solely with respect to the content identified.
Playmaker University must not be framed on any other site, nor may you create a link to any part of Playmaker University other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF PLAYMAKER UNIVERSITY, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH PLAYMAKER UNIVERSITY IS AT YOUR OWN RISK. PLAYMAKER UNIVERSITY, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH PLAYMAKER UNIVERSITY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER PLAYMAKER PROJECT NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF PLAYMAKER UNIVERSITY OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER PLAYMAKER PROJECT NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT PLAYMAKER UNIVERSITY, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH PLAYMAKER UNIVERSITY WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR PLAYMAKER UNIVERSITY WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF PLAYMAKER UNIVERSITY AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF PLAYMAKER UNIVERSITY OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH PLAYMAKER UNIVERSITY OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL PLAYMAKER PROJECT NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, PLAYMAKER UNIVERSITY, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Playmaker Project, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of Playmaker University, including, but not limited to, your User Submissions, third-party sites, any use of Playmaker University's content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Choice of Forum
Playmaker University and these Terms and Conditions will be governed by and construed in accordance with the laws of Massachusetts and the federal laws of the United States applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of Massachusetts or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Playmaker University and under these Terms and Conditions will be instituted in the courts of Massachusetts and/or the Federal Court of the United States, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding Playmaker University and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Reporting and Contact
Should you become aware of misuse Playmaker University including libelous or defamatory conduct, you must report it to the Company at support@playmakeruniversity.org.
All other feedback, comments, requests for technical support, and other communications relating to Playmaker University should be directed to support@playmakerproject.org