Effective March 1, 2022.
All sections of these terms of use (“Terms“), including the terms set forth in the privacy policy (“Privacy Policy“), apply for the use of all the services (“Services“) rendered by Realplay Sports. (“Realplay“) and its subsidiaries via all software applications (“Software“) and the website www.realplay.us (“Website“) . These Terms may be revised from time to time by Realplay and the revised Terms will be effective upon posting on the Website.
1. Introduction
Realplay provides video, statistics, and integrated ball-tracking data for baseball and softball players, teams, coaches, scouts, and families. The Services are provided by Realplay to the Users as follows:
2. Accepting the Terms of Use
By joining Realplay and registering at the Website, or on the mobile application, premium services, payment for premium packages, or any other information or tools provided as part of the Services, you are accepting the Terms and the Privacy Policy of Realplay. By accessing and using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and the Privacy Policy. If you do not accept these Terms and/or the Privacy Policy, you are not authorized to use the Services, and you must cease using the Services and cancel your subscription in accordance with our Cancellation Policy as described below. We may amend these Terms or Privacy Policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it. By continuing to access and use the Services after the Terms or the Privacy Policy have been modified, you will be considered as having expressly accepted to all amendments to the Terms and Privacy Policy.
3. Age Restrictions
The Services are intended for Users, who are thirteen (13) years of age or older. Under Children’s Online Privacy Protection Act (COPPA), Realplay may provide Services to Users, who identify themselves as under the age of 13, only where we receive verifiable parental consent. Any User under the age of 18 must review the Terms with his/her parent(s) or legal guardian(s) to ensure that both the User and the parent(s) or legal guardian(s) understand and accept both the Terms and Privacy Policy. A parent or legal guardian accepting the Terms for the benefit of a child agrees and accepts full responsibility for his or her child’s use of the Services, including all financial charges and legal liability that such child may incur.
4. Physical Activity Notice
You understand and agree that by using the Services, your athletic activities may have inherent, implicit and expressed risks of bodily injury. You understand and agree that Realplay will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the Services. Please consider the risks involved and consult with your medical professional before engaging in any physical activity. Realplay shall not be responsible or liable for any injuries, damages or any performance reduction you may sustain as a result from your use of, or inability to use any of the Services.
5. User Content
To use all the Services, you must create a Realplay account via the Website or by downloading and registering on the mobile applications or by usage of another sign up feature made available by Realplay via the Services. Any signup is subject to you providing the true, accurate and complete personal information (“User Data“) as prompted by the relevant sign up features. You undertake to keep your User Data accurate and current and update your User Data when relevant. The Services allow for the delivery and share of software, text, graphics, images, video, audio, data, statistics, actual performance and any other content (collectively “Content“), all subject to the User privacy account settings.
You may use your personal Content only for your own non-commercial use. While using your Realplay account you are responsible for any actions that take place while using your Realplay account. Keep your username and password secured and do not allow anyone else to use them to access the Website. Realplay is not responsible for any loss of Content that results from unauthorized use of your username and password, with or without your knowledge, or due to lack of storage in your account (and in this case Realplay may delete any additional Content beyond the relevant storage capacity). Realplay do not monitor User Content prior to posting on the Website. Realplay do not undertake any obligation or liability relating to any User Content or other activities of Users using the Services, including any sharing of User Content by the Users. Realplay reserves all rights to edit, remove, or refuse to post any User Content under Realplay’s sole discretion. Realplay reserves the right to delete accounts that are inactive, including deleting all of the content within such accounts.
6. Warranty Disclaimer
The Services are provided “AS IS” without any express or implied warranties of any kind. Realplay disclaims all warranties to the fullest extent permitted by law, whether expressed or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement. Realplay cannot guarantee that the use of the Services will be timely, uninterrupted, secure or error-free, that any defects, errors or malfunctions will be corrected and that the Services, the Smart Courts, the Website or the servers that make the Services available are free of viruses or anything else harmful. To the fullest extent permitted by law, Realplay undertakes no warranties or representations as to the use of the Services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or other wise.
7. Limitation of Liability
To the fullest extent permitted by law, Realplay, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (“Released Parties“)shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, including any User Content, even if Realplay has been advised of the possibility of such said damages. In the event that Realplay is found to be liable for any damage or loss which is in any way connected with your use of the Services or any Content, Realplay’s liability shall not exceed the subscription fees paid by the User for the Use of the Services. You expressly agree and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Services.
8. User Interaction, Streaming and On-demand Services
Each event organizer shall be responsible to inform its players, members (or any other persons), to obtain their consent to be recorded and to stream the live video on the internet. Realplay shall assume no responsibility whatsoever for any persons who were recorded and their video was stored and/or streamed without their consent and/or without being informed by the event organizer. Realplay may present top personal records on Realplay’s leader boards at event organizer facilities or online, unless the User chooses in his/her profile that Realplay shall not disclose such information.
Realplay may also provide live streaming services that Users can stream from their mobile phones and computer, and each User using such mobile streaming services shall assume sole and full responsibility for using the mobile streaming services through the User’s mobile phone. Realplay shall assume no responsibility whatsoever for any person/s who were filmed or recorded by the mobile streaming services and their video was streamed without their consent and/or without being informed by the User.
Realplay may also provide on-demand video content services (“VOD”) some of which may require an access fee in the form of a content pack. Each User using such VOD shall assume sole and full responsibility for such use. Realplay shall assume no responsibility whatsoever for any person/s who were recorded and their video was uploaded to the VOD platform without their consent and/or without being informed by the Club
Each purchase of VOD content enables Users to access, watch or download a video from the VOD for a period of time no longer than 12 (12) months from the date of purchase (video expires at the end of each year and access can be retained by purchasing a Realplay Storage Pass or by purchasing a season pass for the following season). The VOD content is provided on AS IS basis. You may access the VOD for your personal use solely. You hereby agree not to reproduce, duplicate, copy, distribute, sell, or attempt to sell any content from the VOD.
Realplay does not undertake any obligation and/or liability relating to any content of the VOD and reserves the right to delete any video from the VOD if it violates any copyrights or it includes inappropriate content
Realplay shall not be liable if any content of the VOD is unavailable for any reason, for any time or for any period. Realplay makes no warranty that your access to the VOD will be uninterrupted, timely, accurate or error-free. Should a VOD video that was purchased by a User is unavailable within the three (3) months period, the User must contact Realplay support and the relevant refund request form will be sent to the User via e-mail. Refund shall be made under Realplay’s full discretion using the credit card that was given by the User to open a Realplay account.
You are solely responsible for your interactions with other Users, whether online or in person. You shall not use Realplay’s Services for any abuse, harass or violation of others’ privacy or any other unlawful or illegal activities. Realplay assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services, persons you meet through the Services, or persons who find you after Content was posted on the Website. You agree to take reasonable precautions in all interactions with other Users and conduct any necessary investigation before meeting another person.
9. Privacy Policy
Realplay’s Privacy Policy is by reference an integral part of these Terms: https://www.realplay.us/privacy-policy
10. Intellectual Property Rights
All intellectual property rights of Realplay featured or displayed via the Services, on the Website and the mobile app, are the sole property of Realplay, its subsidiaries or its licensors and are protected under all applicable copyright, trademark, or any other patent laws. Such intellectual property rights include but are not limited to: logos, trademarks, service marks, trade names, design, structure, code, algorithms, scripts, text, graphics, photos, images, videos, audio, sound, illustrations, interfaces, applications, interactive features and all other Software data (“Intellectual Property“). The license to use Software or any of the Services is limited to personal use, non-exclusive, non-transferrable and for non-commercial use only. Realplay does not transfer any title to the Intellectual Property to any User. You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, lease, grant any security interest in or any right to the Smart Courts, Website, Services, Software, Content, mobile app or any parts thereof.
11. Subscription and Payments
Realplay provides free and premium Services at the Website for a subscription cost (“Subscription“). Your Subscription (whether monthly or yearly) is subject to a Subscription fee as provided in the Website and it will continue until you terminate it. All fees are paid in advance in accordance with the Subscription of your choice. The Subscription package and features included may be different between the various sports, as provided at Realplay’s Website.
All payments will be made by a valid credit card, or any other customary method of payment determined by Realplay. Realplay may appoint any subcontractor, partner, club, or any other affiliate, which shall comply with the applicable provisions of the Terms, to collect any payment on behalf of Realplay. Payments for the Subscription will be made via a third party.
You hereby authorize Realplay to charge your credit card or any other method of payment for such amounts on a regular monthly or yearly basis, in accordance with Realplay applicable fees as posted on the Website, starting from the beginning of your Subscription and continuing until the date your account is terminated.
If we are, for any reason, unable to effect automatic payment via your credit card, we will attempt to notify you via email and your Subscription will be disabled until payment is received. Amounts paid for the Services, including prepayments, are not refundable. Realplay reserves the right to change the method of payment under its discretion and upon notice on the Website. You are responsible to review, from time to time, Realplay’s fee schedule and be aware of the fees charged and any applicable discounts. The fee schedule is subject to change at any time under Realplay’s sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the fee schedule.
12. Termination
You may terminate your account with Realplay at any time by canceling your Subscription through the Website. You are responsible for terminating your account and Realplay is not responsible for your failure to properly terminate your Subscription nor for any credit card charges and fees may you incur as a result of your failure to properly terminate your Services. Once you have made your termination and received a confirmation, no further charges will be made on your account. Realplay may, at any time, terminate or disable your account, with or without notice, and/or put your account on inactive status, in the event there is a violation to these Terms.
Upon cancelation of your Subscription, Realplay shall not save any Content, which was accumulated during the Subscription period, and your account shall be deleted together with all the Content accumulated in it.
13. General
The use of the Services shall not construe any joint venture, partnership, employment or agency relationship exists between you and Realplay.
These Terms are governed by the laws of the United States of America. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Failure by Realplay to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Realplay unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
These Terms constitute the entire agreement between you and Realplay with respect to the Terms and Privacy Policy and supersede all previous or contemporaneous agreements. Realplay may assign its rights and obligations under these Terms to any party at any time without any notice.
