LevelPlay Sports Terms and Conditions

Thank you for joining the LevelPlay Team!

Our Preamble:

At LevelPlay Sports, it is our goal to provide you with an exciting, unsurpassed, complete, all encompassing sports experience. That sounds like a mouthful but we want every athlete, coach and sports enthusiast from all corners of the world to know we welcome them to our platform. The shared experiences will help us build a strong, respectful community of sports-minded individuals and give everyone a unique opportunity to celebrate athletics at ALL levels across the entire globe.

If that sounds like a big deal, a really cool concept; it is! Think of LevelPlay as an electrifying visual, enjoyable, all-inclusive sports depot, like the Fort Knox of sports video. Of course, that sports depot will continue to evolve and grow as more people join our team. This is truly an ideal place to showcase and highlight the greatness in all of sports.

We serve to elevate ALL sports, which is quite a feat if you think about it. It means WE (yes, both of us!) need to exhibit our best behavior and be respectful towards other LevelPlay teammates.

From our end, this means we (LevelPlay) need to continuously maintain and monitor the integrity of the App/Site and platform. One of the ways we can successfully do this is to make you privy to the rules of our platform, and now provide you with our Terms and Conditions to read and review. Rules are a good thing in that they provide an easy framework for acceptable and non-acceptable behavior. The rules benefit everyone. Think about it. You really don’t want someone posting odd videos of their uncle doing the chicken dance at a wedding.

As with our Privacy Policy, we have created a separate section [to the left of the Terms and Conditions ] to explain key information. Keep in mind that this separate section is not meant to be a replacement for the Terms and Conditions . And really, you don’t want to skip this section. Many intelligent minds toiled late into the night, creating an incredible set of “rules” for all of us to follow.

There is no time like the present. Get to it! Read the Terms and Conditions . And if you’re struggling to get motivated, just remember, you don’t want someone submitting hundreds of videos of the uncoordinated uncle doing the chicken dance or anything else completely inappropriate.

LevelPlay Sports Terms and Conditions

Last Updated: April 2024

LEVELPLAY SPORTS, Inc. (“LevelPlay Sports,” “we,” or “us”) provides the website located at www.levelplaysports.com (“Site”), the mobile application called “LevelPlay Sports”(“App”), and certain digital content offerings and digital services through the Site and App (collectively, the “ Service ”) of. These Terms of Use (“Terms”) explain the terms by which you may use the Site, App and Service. Please read these Terms carefully before using the Site, App and Service. These Terms constitute a legally binding agreement entered into by and between you (hereinafter, “you,” “your” or “User”) and LevelPlay Sports. LevelPlay Sports provides the Site, App and Service to you, subject to these Terms.

BY ACCESSING OR USING THE SITE, APP AND SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE LEVELPLAY SPORTS PRIVACY POLICY LOCATED AT www.levelplaysports.com/privacy/. IF YOU DO NOT AGREE TO ANY PROVISION IN THESE TERMS, OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE, APP OR SERVICE.

IMPORTANT NOTICE: THESE TERMS INCLUDE AN ARBITRATION AGREEMENT IN SECTION 15 AND A WAIVER OF CLASS ACTION RIGHTS IN SECTION 16.

Using the Site, App and Service:

We live by a simple, well known motto of, “treat others as you’d like to be treated.” As such, we fully respect the rights of children and parents. Using a site/app/Platform at any age is a responsibility, thus you must be at least 13-years old to join the LevelPlay platform. No exceptions! Additionally, we expect adherence to all local, state and national laws. The Site/Services are for personal use ONLY, and may not be used for profit building schemes unless you are a subscription member of LevelPlay Sports..

With these Terms, you are provided a limited, non-exclusive, non-transferable license to download, install and use the site/app. Another way of saying this is you, along with other people, are given a “key” that grants certain access to our site/app. The “key” belongs to us, so you can’t transfer (or give) it away to someone else.

You do not need to have an account to access and use the Service. For example, if you are a sports fan and want to enjoy our awesome collection of video, you may do so without joining LevelPlay. If, however, you have violated our Terms at any point, or have been banned from other sites/apps for inappropriate usage, we reserve the right to remove or ban you from the site/app.

1. Use of the Site, App and Service.

1.1. Eligibility . Because we respect the rights of children and parents, the Site, App and Service are only available for Users who are 13 years of age or older. In your use of the Site, App or Service you must comply with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Site, App and Service are provided for your personal, non commercial use only. You may not use the Site, App and Service for any commercial purposes.

1.2. License . Subject to these Terms, LevelPlay Sports provides you with a limited, non-exclusive, non-sublicensable, and non-transferable revocable license to download, install, and execute the App for your personal, noncommercial use only and as expressly permitted by the features of the App for use with the Service. LevelPlay Sports does not warrant that the App will be compatible with your mobile device LevelPlay Sports may terminate this license at any time for any reason or no reason. This license grant is not a sale of the App or any copy thereof, and as between you and LevelPlay Sports, LevelPlay Sports retains all right, title, and interest in the App (and any copy thereof).

1.3. Service. You do not need an account to access and use the Service. However, you agree to not use the Service if you have been previously removed or banned by us from use of the App or Service. We reserve the right to remove or ban you from the Service or terminate these Terms, at our sole discretion, at any time and with or without notice or liability to you, if you violate these Terms. You are solely responsible for any activity originating from your mobile device, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of the App or the Service.

2. Restrictions. You shall not:

2.1. copy the App, except as expressly permitted by this license;

2.2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App or Service;

2.3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or Service or any part thereof;

2.4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site, App, or Service including any copy thereof; or

2.5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time.

3. Changes to the Site, App and Service . LevelPlay Sports may, without prior notice: change the Site, App and Service, stop providing the Site, App and Service or features of the Site, App and Service to you or to Users generally, or create usage limits for the Site, App, and Service. Any of the content on the Site, App and Service may be out of date at any given time, and we are under no obligation to update such content.

Absolute No-No’s: You already know that “stealing,” in any form is frowned upon. Also know you are not allowed to use the site/app to:

Violate any local, state, federal or international laws;
Exploit or harm minors in any way, shape or form;
Exhibit poor conduct that impedes enjoyment of the site/app by other team members.
Impersonate another person or misrepresent yourself.
Hand off your obligations under these Terms. You can’t pass the buck!
Send unwelcome email ads to Users.
Do any damage to the site/app.
Monitor the site/app with any automatic device.
Use any means to access proprietary material (LevelPlay has rights to all this material) for illegal use (i.e., interfere with site/app use, introduction of harmful viruses, etc.) without written prior authorization by us.

You will, of course, read all the specific bullet points about Restrictions, but here is the main point: Only use the site/app for its intended use, as provided in the Terms and Privacy Policy. DO NOT use the site/app as a means to hurt others, steal information, damage systems and/or obtain personal monetary gain.

4. Prohibited Uses . You may only use the Site, App or Service for lawful purposes and in accordance with these Terms. To keep the Service running smoothly for all of our Users, you agree to not use the Site, App, or Service to:

violate any applicable federal, state, local, or international law;
exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
engage in any conduct that restricts or inhibits anyone's use or enjoyment of the App or Service, or which, as determined by us, may harm LevelPlay Sports or Users or expose LevelPlay Sports or Users to liability;
impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with LevelPlay Sports including expressing or implying any endorsement by LevelPlay Sports;
re-sell or assign your rights or obligations under these Terms;
send unsolicited email advertisements to any Users via any contact made through the App or Service;
disable, overburden, damage, or impair the Site, App, and Service or interfere with any other party's use of the Site, App, and Service, including their ability to engage in real time activities through the Site, App, and Service;
use any robot, spider, or other automatic device, process, or means to access the Site, App, and Service for any purpose, including monitoring or copying any of the material on the Site, App, and Service;
use any manual process to monitor or copy any of the material on the Site, App, and Service or for any other unauthorized purpose without our prior written consent;
use any device, software, or routine that interferes with the proper working of the Site, App, and Service;
introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, App, and Service, the server on which the Site or Service is stored, or any server, computer, or database connected to the Site or Service;
attack the Site or Service via a denial-of-service attack or a distributed denial-of-service attack; and
otherwise attempt to interfere with the proper working of the Site, App, and Service.

5. Purchases. The App and Service may include product image links to third party products and services available for purchase. These third party products and services are offered by the third party and not LevelPlay Sports. All purchases made through the App and Service are governed solely by the terms and conditions of the third parties offering such third party products and services. LevelPlay Sports is not a party to any sale, LevelPlay Sports does not monitor any transaction, and LevelPlay Sports cannot assist you with returns or refunds. LevelPlay Sports does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the App and Service or any hyperlinked website or service, or featured in any banner or other advertising.

Relying on Information: There does not seem to be any lack of information in this day and age. There is a deluge of material coming to us 24/7, and some of that information might be inaccurate or incomplete. That being said, please be aware that any information about the site/app is made for general information purposes, thus we will not guarantee that the material is totally complete. Why do we do this? It’s not to fool you, but to protect our trade secrets.

We cannot control the information provided by third parties about their products and/ services. LevelPlay is not liable and/or responsible for the offers and services advertised by other parties. When you visit a third party site/app, you are entering into an entirely new platform that has its own set of rules and regulations that you will need to abide by.

6. Reliance on Information.

6.1. Information on the Service . The information presented on or through the App and Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user of the App and Service, or by anyone who may be informed of any of its contents.

6.2. Information from Third Parties . The Site, App and Service may contain links to other websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by LevelPlay Sports. Because LevelPlay Sports has no control over such sites and resources, you acknowledge and agree that LevelPlay Sports is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LevelPlay Sports shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand that these Terms and our Privacy Policy do not apply to your use of such sites. We encourage you to be aware of when you leave the Site, App and Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Patents, Copyrights, Trademarks, and so on: This is a highly complex area of law, so let’s try and make this explanation as easy as possible.

Everything LevelPlay Sports has created (i.e., the content for the site/app), is protected under Intellectual Property Law. The protection of one’s creative work is seen everywhere. Think of the issues that arise when people plagiarize. The law protects the creative work of others, and the same is true here. LevelPlay provides you with the tools to use our site/app and that is all you are permitted to do. You may not copy, edit, adapt, modify any of our content. Anyone attempting to do so will be in violation of these Terms and may also be in violation of copyright, trademark and other laws and licenses.

7. Intellectual Property Rights . For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

7.1. LEVELPLAY SPORTS Content . The Site, App and Service and all Intellectual Property Rights therein and related thereto, are the exclusive property of LevelPlay Sports and its licensors (“LEVELPLAY SPORTS Content”). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to the LevelPlay Sports Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the LevelPlay Sports Content, including without limitation any materials or content accessible on the Site, App and Service. Use of the LevelPlay Sports Content or materials on the Site, App and Service for any purpose not expressly permitted by these Terms is strictly prohibited and may violate copyright, trademark, and other laws.

7.2. Trademarks . “LevelPlay Sports,” “Watch.Share.Elevate,” and other LevelPlay Sports graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, service marks or trade dress of LevelPlay Sports protected by the laws of the United States and/or other countries or jurisdictions. You must not use such marks or trade dress without the prior written permission of LevelPlay Sports. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

7.3. Open Source Software . Any third-party code that may be incorporated in the App and Service is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. To see the open source license terms, please visit https://www.lev elplaysports.com/acknowledgements/.

8. Feedback. We value input from our users, and are always interested in learning of ways we can make the App, Service and Site better. You may choose to, or we may invite you to, submit comments, ideas or feedback about the Site, App and Service, including ways to improve the Site, App and Service or our products, or other ideas (“Feedback”). By submitting any Feedback, you agree that we may use such Feedback for any purpose, provided we will not associate such Feedback with you. So that we may incorporate Feedback into our products and services, you hereby grant LevelPlay Sports, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all Intellectual Property Rights in and to the Feedback for any purpose and you hereby irrevocably and unconditionally grant such Feedback and all such rights to us free of charge. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback.

9. How We Update These Terms. LevelPlay Sports reserves the right, in its sole discretion, to modify or replace these Terms from time to time. You should review this page periodically. When we change the Terms in a material way, we will update the ‘Last Updated’ date at the beginning of these Terms and notify you through an in-App notification or, if applicable, by sending you an email to an email account associated with you. Your continued use of the Site, App and Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Site, App and Service.

10. Mobile Software. You acknowledge and agree that these Terms are solely between you and LevelPlay Sports and not any third party app distributor (such as, but not limited to, Apple, Inc.). Your use of the App must comply with the applicable third party distributor Terms of Service from whose platform you downloaded the App and nothing in these Terms is intended to conflict with such third party distributor’s Terms of Service. You acknowledge that only LevelPlay Sports may furnish any maintenance and support services with respect to the App.

10.1. LevelPlay Sports acknowledge and agree that Apple, Inc. and Apple Inc.’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App against you as a third party beneficiary hereof.

11. App Updates. You acknowledge that LevelPlay Sports may from time to time issue updated or upgraded versions of the App and Service, and may automatically electronically update or upgrade the version of the App that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that these Terms will apply to all such updates and upgrades.

12. Indemnity. You agree to defend, indemnify and hold harmless LevelPlay Sports, its parents, subsidiaries, agents, affiliates, customers, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, judgments, costs or debt, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of and access to the Site, App and Service; (ii) your violation of any provision of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) your disputes with third party App distributors or your violation of their Terms of Service; and/or (vi) your disputes with third parties with respect to their products and services.

No Warranty: A warranty is a promise about a feature or a quality. You’ve probably heard of car warranties; a promise of a certain level of performance for the first 50,000 miles. Warranties can work differently in the software world as advances are ongoing and constant. That’s not necessarily a bad thing but it means that it’s difficult to make warranties such as, “this laptop will never break.” If technology wasn’t continually evolving, people might not want to upgrade their devices regularly. All that explained, you accept the LevelPlay site/app and service provided on an “as is” basis. That means you may experience pesky issues, such as error messages and disruptions to service. “As is” means you fully accept the good with the bad (and hopefully there will be few instances of “bad.”).

13. No Warranty.

THE SITE, APP AND SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE, APP AND SERVICE IS AT YOUR OWN RISK. THE SITE, APP AND SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LEVELPLAY SPORTS DOES NOT WARRANT THAT THE CONTENT ON OR THROUGH THE SITE, APP AND SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE, APP AND SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SITE, APP AND SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE, APP AND SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE, APP AND SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

LEVELPLAY SPORTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LEVELPLAY SPORTS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU ACKNOWLEDGE THAT LEVELPLAY SPORTS’S LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS UNDER THIS AGREEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation of Liability.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL LEVELPLAY SPORTS, ITS AFFILIATES, OR THEIR LICENSORS, APP DISTRIBUTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR DAMAGES RELATED 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, OR LOSS OF DATA , UNDER ANY LEGAL THEORY, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, APP, SERVICE, LINKED WEBSITES OR OTHER SERVICES, ANY CONTENT ON THE APP, SITE, SERVICES, LINKED WEBSITES OR OTHER SERVICES.

LEVELPLAY SPORTS’ AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS, THE SITE, APP AND SERVICES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, WILL AT ALL TIMES BE LIMITED TO 50 US DOLLARS ($50). LEVELPLAY SPORTS’ AFFILIATES, THEIR LICENSORS, THIRD PARTY APP DISTRIBUTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL HAVE NO LIABILITY AS A RESULT OF THESE TERMS, THE APP, SERVICE, OR SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Arbitration : This section is filled with information should you ever feel the need to enforce your legal rights. Read it carefully.

What you need to immediately know is this: In the event of a dispute, claim or controversy as relates to the LevelPlay site/app, you will need to provide a written notice of your claim stating:

Your name, address and all contact information;
The facts and explanation for your claim; and
A requested remedy (a remedy can be a monetary amount and/or you might be asking us to complete a task).

Your completed written notice must be both emailed AND mailed to us at the address provided in the Terms Agreement. Together, we will try and resolve your claim through informal negotiation within thirty (30) days. If we are unable to come up with an agreed upon solution within that 30-days, you may look into alternative resolution methods [outlined in full detail in Section 15 of attached Terms].

Briefly, a claim that remains resolved past the 30-day informal negotiation period may include binding arbitration in the state you reside. For residents outside the United States, arbitration will commence in Clark County, Nevada. LevelPlay Sports and you will defer to the personal jurisdiction of any state or federal court in that locale to begin the formal arbitration process. LevelPlay Sports will cover any arbitration fees up to seventy-five thousand dollars ($US 75,000), unless the arbitrator finds the claim trivial. Fees exceeding $75,000 will be decided under “AAA” (American Arbitration Association) guidelines. By using an arbitrator, LevelPlay Sports and you agree not to hire outside legal counsel and witnesses and will do so only if the arbitrator deems it necessary. Keep in mind the arbitration process can be costly and time consuming.

In situations where the relief request is for ten-thousand dollars ($US 10,000) or less and does not ask for any form of equitable relief (For example, you ask us splash your photo all over the site/app), you may choose to do the arbitration via phone or in person.

You may also consider going to small claims court; an option that disallows request for equitable relief of any kind.

Of course, you have the right to opt out of the arbitration provisions. You may do so by sending us a completed written notice of your decision and this notice must be emailed AND mailed to us at the address provided in the Terms Agreement. If you opt out of the arbitration provisions, your dispute may be settled in a formal court of law.

15. Arbitration.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

We and you agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site, App and Service, and/or the provision of content, services, and/or technology on or through the Site, App and Service, we or you must give the other notice of the dispute, claim, or controversy. Such notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy, and the relief requested.

You must send any such notice to us by email to:

support@levelplaysports.com

AND by U.S. Mail to:

LevelPlay Sports, Inc.

Attn: Customer Support

1715 Navarre Ln,

Henderson, Nevada 89014

USA

To the extent that we have your contact information, we will send any such notice to you by U.S. Mail or to your email address. We and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. We and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After thirty (30) days, we or you may resort to the other alternatives described in this Section 15. Notwithstanding the foregoing, the notice and thirty (30)-day negotiation period required by this Section 15 shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets, and claims of piracy or unauthorized use of the App or Service.

Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between us and you arising under these Terms or in connection with your access to, and/or use of the Site, App and Service, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the State in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Service shall not be subject to arbitration.

For residents outside the United States, arbitration shall be initiated in Clark County, Nevada, United States of America, and we and you agree to submit to the personal jurisdiction of any state or federal court in that locale to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by an arbitrator.

The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and administered by the AAA. The AAA Rules and fee information are available at “http://www.adr.org,” or by calling the AAA at 1-800-778-7879.

We shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to Seventy-Five Thousand Dollars ($75,000), unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorneys’ fees and expert witness costs unless we are otherwise specifically required to pay such fees under applicable law. For claims that total more than Seventy-Five Thousand Dollars ($75,000), the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on us and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. We and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, we and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. We and you understand that, absent this mandatory arbitration provision, we and you would have the right to sue in court and have a jury trial. We and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If your claim is solely for monetary relief of Ten Thousand Dollars ($10,000) or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.

You may choose to pursue your claim in small claims court where jurisdiction and venue over us and you otherwise qualify for such small claims court and where your claim does not include a request for any type of equitable relief.

You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to:

support@levelplaysports.com

AND by U.S. Mail to:

LevelPlay Sports, Inc.

Attn: Customer Support

1715 Navarre Ln,

Henderson, Nevada 89014

USA

The notice must be sent within the later of thirty (30) days of your first use of the Site, App and Service or within thirty (30) days of changes to this section being announced on the Site or App, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section 15. If you opt-out of these arbitration provisions, we also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Site, App and Service will be deemed to be your irrevocable acceptance of these Terms and any changes/updates to this Section 15 or otherwise.

If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, we and you agree to waive, to the fullest extent allowed by law, any trial by jury.

The terms of these arbitration provisions will apply to any claims asserted by you against any present or future parent or subsidiary company of LevelPlay Sports to the extent that any such claims arise out of your access to, and/or use of the Site, App and Service.

16. Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS:

We and you agree that we and you will resolve any disputes, claims, or controversies on an individual basis, and that any claims brought under these Terms in connection with the Site, App and Service will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. We and you further agree that we and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms in connection with the Site, App and Service.

If any court or arbitrator determines that the class action waiver set forth in this Section 16 is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Clark County, Nevada (USA).

The terms of this Section 16 will apply to any claims asserted by you against any present or future parent or subsidiary company of LevelPlay Sports to the extent that any such claims arise out of your access to, and/or use of the Site, App and Service.

17. Miscellaneous Terms : Here are a few terms to be familiar with:

No Agency; Waiver : You do not have the legal authority to act as a guardian on behalf of LevelPlay Sports.
Notification : LevelPlay Sports will provide you with various notifications from time to time. We are not responsible for any automatic filtering by your network provider.
Entire Agreement/ Severability: These Terms, updated amendments and any similar LevelPlay agreements are considered a legal agreement between us. Any term deemed invalid and/or unenforceable will be eliminated. Permitted terms will be considered fully binding and in effect.
Geographic Restrictions : Located in the United States, LevelPlay Sports provides the site/app and service to individuals in the United States and Canada, and make no guarantee that the content/service of the site/app is available outside these two regions.
Assignment : You cannot assign the Term rights, duties and/or obligations to another person or entity unless you have prior written consent from LevelPlay.
Interpretation : The headings (titles) of each section are for convenience.
Relief : If you fail to adhere to our Terms and policies, and this failure leads to irreparable damage (meaning money cannot fix the damage done), LevelPlay may request injunctive relief and any other available legal remedies.
Governing Law : The Terms are governed by the substantive laws of the state of Nevada. You agree to submit to the personal jurisdiction of a state or federal court located in Clark County, Nevada (USA) for any of the actions detailed in Section 7.

17. Miscellaneous Terms.

17.1. No Agency; Waiver. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind LevelPlay Sports in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

17.2. Notification. LevelPlay Sports may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, “push” notification on your mobile device, written or hard copy notice, or through posting of such notice on the Site, as determined by LevelPlay Sports in our sole discretion. LevelPlay Sports reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Terms. LevelPlay Sports is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add noreply@levelplaysports.com to your email address book to help ensure you receive email notifications from us.

17.3. Entire Agreement/Severability . These Terms, together with any amendments and any additional agreements you may enter into with LevelPlay Sports in connection with the Site, App and Service, shall constitute the entire agreement between you and LevelPlay Sports concerning the Site, App and Service. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

17.4. Geographic Restrictions. LevelPlay Sports is based in the state of California in the United States. LevelPlay Sports provides the Site, App and Service for use only by persons located in the United States and Canada. We make no claims that the Site, App and Service or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Site, App and Service may not be legal by certain persons or in certain countries. If you access the Site, App and Service from outside the United States and Canada, you do so on your own initiative and are responsible for compliance with local laws.

17.5. Assignment. Any rights, duties or obligations of these Terms is not assignable, transferable or sublicensable by you except with LevelPlay Sports’ prior written consent. Any attempt by you to transfer the rights, duties or obligations of these Terms is void. LevelPlay Sports may transfer, assign or delegate these Terms and its rights and obligations without your consent. These Terms are binding upon and is for the benefit of the respective successors and permitted assigns of the parties hereto.

17.6. Interpretation. The headings of sections of these Terms are for convenience and are not to be used in interpreting these Terms. You agree that these Terms will not be construed against LevelPlay Sports by virtue of having drafted the Terms. As used in these Terms, the word “including” means “including but not limited to.”

17.7. Relief. The parties acknowledge and agree that a material breach of these Terms adversely affecting LevelPlay Sports’ proprietary rights would cause irreparable harm to LevelPlay Sports for which a remedy at law would be inadequate and that LevelPlay Sports shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law.

17.8. Governing Law. These Terms shall be governed by the internal substantive laws of the State of Nevada (USA), without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state or federal court located in Clark County, Nevada (USA), for any actions in which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in Section 7.

18. Contact. Please contact us at support@levelplaysports.com with any questions regarding these Terms.