Terms & Privacy

Terms & Conditions

Welcome to the Playced website, which is owned and operated by Next Tier Athletics, LLC (d/b/a Playced) (“Playced”). When you use our website, you are agreeing to be bound by these Terms and Conditions of Use and by our Privacy Policy (collectively, the "Terms and Conditions"). If you do not agree with the Terms and Conditions, please do not use this website.

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.

PRIVACY POLICY

Because we respect your privacy rights, we have developed a Privacy Policy to inform you about our privacy practices. We encourage you to review our Privacy Policy.


INTENDED AUDIENCE

OUR WEBSITE IS NOT DIRECTED TO, OR INTENDED FOR, CHILDREN UNDER 16 YEARS OF AGE. Playced understands that protecting the privacy of young children is important. For that reason, we never collect personal information (as defined in our Privacy Policy) through our website from users we actually know are under 16 years of age, and no part of our website is designed to attract users under 16 years of age. No personal information should be submitted through our website by users under 16 years of age. If a user under 16 years of age submits personal information to our website, we delete such personal information as soon as we discover it was provided by a user under the age of 16 and we do not use it for any purpose. We encourage parents to take an active role in their children’s use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.


USE OF THE PLAYCED WEBSITE

By agreeing to these Terms and Conditions,:

You agree that you will not:

You further agree that you will not use our website to:


REGISTRATION

You may be asked to register on or through our website to participate in or receive various services offered by Playced. The availability of these services may vary, and, in the future, we may add other services that may be accessed through our website. While your use of our website is subject to the Terms and Conditions, other services offered by Playced may be subject to additional terms and conditions.

When you register, you will select a user name and password. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you. You agree to immediately notify Playced of any unauthorized use of your user name and/or password. You further agree not to adopt an inappropriate user name of any kind.

When you register, and in order to access some services and/or features on or through our website, such as when you request to contact us or when you subscribe to an email newsletter, you may be required to provide us with personal information, such as your name, email address, mailing address, phone number and the like. Any personal information provided by you or gathered by Playced or third parties during any visit to our website will be subject to the terms of our Privacy Policy.

By registering on our website, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current.


YOUR SUBMISSIONS TO OUR WEBSITE

Our website may allow you to post, share and/or publish various materials and information, including, without limitation, videos, photographs, biographical information and other materials (collectively, "User Materials"). You are solely responsible for your User Materials and the consequences of posting, sharing, and/or publishing your User Materials on and/or to our website.

By using our website and posting, sharing, and/or publishing your User Materials on and/or to our website, you represent and warrant that you own the entire right, title and interest in and to your User Materials.

You hereby grant to Playced and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of any of the foregoing, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode your User Materials, in any and all formats and through any and all means and channels, including, without limitation, through streaming and downloading technologies on the Internet, in publications and advertisements, at scouting/recruiting events and in kits distributed to the media. You further hereby irrevocably consent and allow Playced to use and share the name(s), voice(s), biographical information, appearance(s), likeness(es), features, characteristics, persona(s), form(s) and/or image(s) (collectively, “Names and Likenesses”) of, as well as any statement(s) made by or attributed to, all identifiable individual(s) depicted and/or described in your User Materials. You also hereby irrevocably waive as against Playced all moral rights and rights of restraint in your User Materials.

You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify Playced from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys' fees), that you, or any third party, shall or may have arising out of or in connection with the use of your User Materials and/or Names and Likenesses as provided herein.

You acknowledge that Playced reserves the right to display advertisements in connection with your User Materials, to display your User Materials with similar materials from other users and to use your User Materials for marketing, promotional and advertising purposes. You further acknowledge that Playced has the right, in its sole discretion, to prescreen, pre-approve, refuse and/or remove from our website, without prior notice, any User Materials, including, without limitation, User Materials that violate the Terms and Conditions.

If you have any comments or questions regarding content or materials on our website, please contact Playced using the contact information found at the end of the Terms and Conditions. If you believe in good faith that any content or materials on our website violate your intellectual property rights, please contact us using the contact information found at the end of the Terms and Conditions.


REVISIONS

Playced reserves the right in its sole and absolute discretion to change, suspend and/or discontinue, at any time, any aspect or feature of our website, including, without limitation, content, hours of availability and equipment needed for access or use. We also reserve the right in our sole and absolute discretion to change or modify the Terms and Conditions applicable to your use of our website, or any part thereof, or to impose new terms and/or conditions, at any time, either by emailing you notification of the new terms and/or conditions and/or by publishing the modified Terms and Conditions on the relevant pages of our website. All such changes will take effect within thirty (30) days after they have been posted on our website or emailed to you, and you will be deemed to have accepted any such changes by your use of our website following such time. Therefore, we encourage you to regularly review the Terms and Conditions.


COPYRIGHT INFRINGEMENT

Playced respects the valid intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on our website, including, without limitation, User Materials.
If you are a copyright owner, or an agent of a copyright owner, and you believe that any content or materials on our website, including, without limitation, any other person’s User Materials, violate your copyright, you may submit a notification with the following information in writing (please see 17 U.S.C. §512(c)(3) for further detail): (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Playced to locate the material; (iv) information reasonably sufficient to permit Playced to contact you, such as an address, telephone number, and, if available, an email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.


INTELLECTUAL PROPERTY

All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, our website, including, without limitation, the design, structure, selection, organization, compilation, display, arrangement, expression and "look and feel" of our website, and the software comprising and/or embodying the foregoing are owned, controlled or licensed by or to Playced, and are protected under applicable intellectual property laws, including, without limitation, copyright, trade dress, trademark and/or patent laws. Your use of our website gives you no ownership rights.

You may not, without limitation, copy, reproduce, republish, download, print, post, broadcast, record, mirror, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of our website except as follows: you may print portions of our website for your personal informational use as long as the printed portions are not subsequently modified or altered in any way. Any use other than as permitted under the Terms and Conditions may be undertaken only with the prior written authorization of Playced.


TERMINATION OF YOUR RIGHT TO USE OUR WEBSITE

Playced reserves the right to suspend, restrict and/or terminate your access to our website at any time, without notice, in our sole discretion, without limitation to any of our other rights. Further, Playced reserves the right to terminate your account if your User Materials are in question.


PRODUCTS AND SERVICES OFFERED BY PLAYCED

Playced may offer products and services on or through our website. When you enroll for such products or services, you accept the specific agreement(s) applicable to such products or services. Your use of any such products or services is governed by the terms and conditions in the applicable agreement(s) for such products or services and, to the extent such products or services are provided through our website, the Terms and Conditions will also apply.


LINKS TO OTHER WEBSITES

Our website may provide links to other websites or resources, including, without limitation, advertisers, over which we have no control. These links are provided solely as a convenience to you and, unless otherwise explicitly stated, should not be construed as an endorsement by Playced of the content, products or services on such websites or resources. You access and use such websites or resources, including the content, products or services thereon, solely at your own risk. We make no representations or warranties with respect to the content, ownership, or legality of any such linked websites, and you agree that Playced has no responsibility or liability for the availability of such websites or resources, or for the content, advertising, products, services or other materials available through such websites or resources.


LINKING TO OUR WEBSITE

You may not link to Playced’s website without our prior written consent.


THIRD PARTY ADVERTISING ON PLAYCED WEBSITE

Unless otherwise explicitly stated, Playced does not endorse or guarantee any third party products or services advertised on our website or any third parties sponsoring parts of our website. Your dealings with advertisers or other third parties found on or through our website are solely between, and the responsibility of, you and the third party. These dealings include, without limitation, your participation in promotions, the payment for and delivery of products and services, if any, and any terms, conditions, warranties or representations associated with such dealings. You agree that Playced will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our website.


DISCLAIMER OF WARRANTIES

The content on our website is for informational purposes only. All content and services on our website are provided by Playced on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, with respect to our website or the information, content, materials, services or products included on our website. We will provide our website with reasonable skill and care and substantially as described in the Terms and Conditions. However, we do not make any other promises or warranties about our website or any websites linked to our website. You expressly agree that your use of our website is at your sole risk.
We do not warrant that the Playced website, its servers or e-mail sent from us are free of viruses or other harmful components. While we use all reasonable efforts to correct any errors or omissions within our website as soon as practicable once they have been brought to our attention, we do not warrant that the information on our website will be free from errors or omissions. While we attempt to be as accurate as possible, we do not warrant that descriptions or other content on our website are current or error-free.

We do not warrant that our website will be available uninterrupted and in a fully operating condition. Access to the Playced website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our reasonable control.


LIMITATION OF LIABILITY

In no event shall we, our affiliates, licensees, parents, or subsidiaries be liable to you in contract, tort (including negligence) or otherwise for any losses which are not currently foreseeable by us arising out of the Terms and Conditions or your use of our website. We shall not be liable for any attempts by you to participate in the use of our website by methods, means or ways not intended by us. Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with the Terms and Conditions shall be limited in aggregate to the net payments, if any, made by you to us via our website.


APPLICABLE LAW

The Terms and Conditions shall be governed by and construed under the laws of the State of Texas, without regard to conflicts of laws rules. You agree that the courts of Texas shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts located in Dallas, Texas. Any action arising out of the Terms and Conditions or your use of our website must be brought within one (1) year after the cause of action has arisen.


LIABILITY FOR TECHNICAL DISRUPTIONS TO OUR WEBSITE

If you cause a technical disruption of our website or any aspect of its functionality, you agree to be responsible for any and all losses, costs, liabilities and expenses Playced may suffer or incur and you agree to be liable for any attorneys' fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other rights at law or in equity.


INDEMNIFICATION

You agree to compensate, indemnify, defend, and hold harmless Playced and its members, managers, officers, employees and affiliates from and against any and all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of our website or any violation by you of the Terms and Conditions.


SEVERANCE

Each provision of the Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.

Privacy Policy

Next Tier Athletics, LLC (d/b/a Playced) (“Playced”) maintains http://www.Playced.com and other affiliated web sites (collectively, the “Site”) to enable our customers to use our various services and for marketing purposes which support our various services. Playced is committed to protecting your privacy. We strive to not only comply with, but to exceed, industry standards and applicable data protection laws. This privacy policy discloses how we collect and use the personal data you may provide us through use of the Site.

PERSONAL INFORMATION

In order to allow you to use the Site in the most productive manner, Playced will request and/or collect personal information (such as name, address, e-mail address, date of birth, academic and athletic information, pictures and videos) from you on a voluntary basis to: enable you to:

• register with us;

• use the tools on the Site;

• send us questions or comments;

• purchase any goods on-line (if provided); and/or

• access other services that require registration or subscription.

and enable us to:

• determine which colleges might be appropriates matches for you;

• gather information to include in scouting reports to be sent to colleges; and/or

• determine your eligibility for scholarships sponsored by Playced.

Your personal information may be used by Playced for various purposes such as, but not limited to, distributing to you newsletters, services updates, and promotional materials. We also compile personal information in aggregate detail for marketing purposes, and may share this information with our retail and other business partners. Should you order products or services via the Site, financial information that is collected will be used to bill you. The Site may contain chat rooms, forums, message boards and/or personal websites. Please be advised that any information that is disclosed to or on any of these is public information, and you should exercise extreme caution when deciding to disclose your personal information. Playced does not require any user, including children, to provide any more information than is reasonably necessary to participate in any of our Site activities.

USE OF IP ADDRESSES

Playced may collect IP Addresses for the purposes of system administration, and to audit the use of the Site. We may use IP Addresses to identify a user and to gather broad demographic information. Please review each service prior to use and use only those services that require personal information which you agree and are willing to share.

USE OF COOKIES

Cookies are pieces of information that a website transfers to a visitor’s hard drive for record-keeping purposes. A cookie may disclose whether you have visited the website before and what pages on the website you have viewed. The cookies that Playced uses do not collect any personal information about you, provide us with any way to contact you, or extract any information from your computer. Consult your browser’s Help Screen file for more information on your ability to monitor and/or reject cookies.

LINKS TO OTHER SITES

Playced may provide links on the Site to other websites which we think may be of interest to our visitors. Playced is not responsible for the content of these other sites and is not able to control the information that is contained or collected on them. If you link to another site, you could receive cookies from that other site. Playced does not control these other websites, their content, or the cookies they may generate; thus these other sites are not subject to this privacy policy. Please consult the privacy policies of these other sites to learn how they collect and use information. Children should always obtain permission from a parent or legal guardian before linking to any other websites. Please refer to the privacy policies on all such websites to learn how they collect and use information.

E-MAIL COMMUNICATIONS

If you would prefer to no longer receive e-mail communications from Playced regarding our products and/or services, you may “unsubscribe” by following the directions listed on the e-mails to you.

REVIEW AND CORRECTION OF PERSONAL INFORMATION At any time, you may contact Playced to request to review or update the personal information about you that is maintained by Playced. Simply contact Playced by e-mail to submit your request. Playced may retain your information in our files due to technical and legal requirements, constraints related to the security, integrity and operation of the Site or to resolve disputes.

DISCLOSURE TO THIRD PARTIES

Except for certain personal information about you that Playced will send to athletic department personnel at various colleges that might be appropriates matches for you, the personal information collected by Playced will not be shared, sold or distributed with or to any third party without your consent. Playced will hold, utilize and internally transmit all personal data in a safe, confidential and secure environment. Playced may share aggregate data with its partners and advertisers. Aggregate data will not contain any personally identifiable information.

SECURITY

Playced maintains physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect through the Site. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while Playced strives to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to us.

POLICY FOR CHILDREN

If you are a citizen of the United States and are under the age of 13, or a citizen of a European country under the age of 18 (“Child” or “Children”), in compliance with the Children’s Online Privacy Protection Act (“COPPA”), Playced must obtain consent from your parent or legal guardian (“Parental Consent”) for you to gain full access to the services provided on the Site. Please refer to the COPPA section of this Site. Playced also requires that you provide to us your parent or legal guardian’s email address. Until Parental Consent is provided, Playced will neither collect any additional information about you, nor use the information we’ve collected, except for the purpose of seeking consent. If we do not have your Parental Consent within 30 days, we will destroy all personal data we have received from you and you will have only limited access to the Site. Once Parental Consent is provided, you will receive an e-mail message confirming that you will have full access to the Site. This e-mail should be received within a week of receiving your Parental Consent. Parents may at any time contact Playced to review, alter or delete information that was previously collected. Parents may revoke consent by contacting Playced at the address below. In addition, Playced provides parents the ability to refuse any further collection or use of your personal data as well as the ability to have your records deleted from our database.

Have questions?
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Playced, LLC

14901 Quorum Drive, Suite 850

Dallas, TX 75254

EMAIL

info@playced.com

PHONE

469-625-1582