PROGRAM TERMS AND CONDITIONS
Updated as of May 7, 2020
Your purchase, enrollment in and use of products, services and events ("Programs") offered by Got Game Sports, LLC ("Got Game"), including your access to www.gotgamecamp.com and our Virtual Summer Academy, other online programs and their respective subdomains (the “Site(s)”), are subject to these terms and conditions (“Terms”). If You purchase or enroll in a Program for use by another (for example, a parent purchasing for a child) these Terms govern both You and other(s) who use any Program you purchase (collectively, “You” “you” and “your”). You agree to be bound by the Terms, which is an agreement between Got Game and You.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT PARTICIPATE IN THE PROGRAM.
Children: Children under the age of 13 are not permitted to purchase or enroll in Programs. Children may provide information to Got Game and participate in Programs only with consent of a parent or guardian.
Program Fees: You agree to make full payment for Programs in the amount(s) listed in your shopping cart, the order confirmation email You will receive, or as communicated by a Got Game authorized representative during registration. Standard shipping and handling charges apply. Rates may be lower or higher depending on the timing of enrollment with respect to your intended Program start date. You must complete payment prior to commencing the Program unless you are participating in a free Program.
Refunds: There are no refunds for misbehaved campers asked to leave the Program. Prior to offering a refund we will work with you to find an alternative Got Game Program that meets your needs or offer you a credit for a future Program of your choice. Provided that no alternative Program meets your needs, we offer full refunds until fifteen (15) days prior to your selected Program start date, less certain fees and costs described below. You must contact us by phone or email at email@example.com at least 15 days before your selected Program start date to request a refund. Refunds are subject to a $45 USD processing fee, per camper, per week of each Program as well as an additional 6% of the total registration fee in order to cover certain costs, including credit card fees. We may allow the transfer or credit of a future day with a prepaid day that you do not attend, only if it is for a medical purpose and a doctor’s note is promptly provided to us.
Intellectual Property: All Programs, including the Sites, are owned by Got Game and its licensors. Programs are for your personal and non-commercial use only. You may not enroll in or use any Program for the benefit of any competitor of Got Game. Programs may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without Got Game’s prior written permission. All books, video, audio, text, questions, explanations, diagrams, images, animations and other content that You receive or to which You have access during your Program, regardless of medium or format, (collectively, “Program Content”), are protected by copyright law and belong to Got Game and its licensors. You may not download, record, screenshot, copy or reproduce Program Content in any way. You may not make any audio and/or video recording of a class or any part of your Program. You may not attempt to decompile, reverse engineer, scrape or data-mine Programs. The trademarks, service marks, designs, and logos displayed in Programs are the registered and unregistered trademarks of Got Game, Got Game's licensors. Programs include digital access to Program Content. Subject to your compliance with these Terms, Got Game grants You a limited, personal, non-exclusive, revocable and non-transferable license to access Program Content during the access period of your Program. Access periods are as set forth on the Site when you select and purchase a certain Program. Access periods may be viewed from the account management page of your Got Game online account.
Third Parties and Links: You may be able to link from the Site to third party websites, including zoom.us and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us. You agree to be bound by the terms and conditions and privacy policies of such Linked Sites.
User Content: If You submit comments, photos and other content to us (“User Content”) through Site(s), social media communities, survey responses, email or otherwise, You grant us an irrevocable, royalty-free, perpetual, transferable, licence to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that You have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
Copyright Policy: If you are a copyright owner or agent thereof and believe that content on the Site(s) infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 ©) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (VI) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached as follows:
Attn: Copyright Agent
Got Game Sports, LLC
PO Box 360553
Los Angeles CA, 90036
By phone: (800) 975-8189
By email: firstname.lastname@example.org
Passwords: When You set up a Got Game account, You must choose a password. You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third party. Got Game has the right to terminate your account for any reason at our sole discretion without notice to You.
Mobile Devices, Phone Calls and SMS: If You provide Got Game with a telephone number, such as when You purchase, enroll in or use a Got Game Program, You agree that Got Game may contact You about your Program and about other Programs and opportunities by telephone and/or text message utilizing automated technology at such telephone number(s). You understand that this consent is not required to purchase goods or services from Got Game.
Programs may offer Content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
Class Schedule and Location Changes: Class schedules and locations of Programs are subject to change and/or cancellation. Got Game will notify You of any changes or cancellations. If an alternative Got Game Program does not meet your needs, Got Game will provide a full refund.
Program Changes: Got Game frequently updates, revises and modifies Programs, including Program Content, features and services (“Program Changes”). Got Game reserves the right to make changes to Program Changes at any time, subject to such changes not materially degrading the Program.
Technical Requirements: You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase in order to access certain features of your Program. Access to Programs may require Internet access, for which Got Game is not responsible.
Student Code of Conduct: Got Game may remove from Programs students whom Got Game deems in its discretion to be disruptive to the learning environment, dangerous to other students or faculty, have acted in a manner that shows lack of dignity and respect for faculty and/or students, violated any intellectual property rights of Got Game or others, or have engaged in academic misconduct, such as cheating or violating confidentiality. Students removed from Programs for violations of the code of conduct are not eligible for refunds.
Indemnity: You agree to indemnify and hold Got Game, its managers, members, officers, employees, agents and affiliates, including, without limitation, all third party schools, parks, and other locations that partner with Got Game, harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, in any way arising from, related to or in connection with your participation in the Program, your violation of these Terms or the posting or transmission of any materials on or through the Program by you, including, but not limited to, any third-party claim that any information, materials or Content you provide infringes any third-party proprietary right. You further agree to reimburse Got Game, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by Got Game (or such other indemnitee) in connection with the foregoing indemnity.
Disclaimer and Limitation of Liability: PROGRAMS ARE PROVIDED “AS IS” AND GOT GAME DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. IN ADDITION, GOT GAME MAKES NO REPRESENTATION THAT THE OPERATION OF OUR PROGRAM OR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, GOT GAME, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, GOT GAME SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM. IN NO EVENT WILL GOT GAME’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM.
Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms, any of Got Game’s policies, or the Program, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a “Dispute”) shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Los Angeles County, California, unless you and Got Game agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Got Game from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights. YOU AND GOT GAME EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF GOT GAME AND ALL PARTIES TO ANY SUCH PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Export: Software related to or made available by the Program may be subject to United States export controls. Thus, no software from the Program may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Media Consent and Release: By participating in the Program you agree to enter into this release (“Release”) and grant Got Game and its parents, affiliates, subsidiaries, licensees, successors and assigns, the absolute right and permission to use photographic portraits, pictures, digital images or videotapes of you (which includes, without limitation, your child), or in which you may be included in whole or part, or reproductions thereof in color or otherwise for any lawful purpose whatsoever, including but not limited to use in any Got Game publication or on the Site, without payment or any other consideration. You hereby waive any right that you may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein your likeness appears, or the use to which it may be applied. You hereby release, discharge, and agree to indemnify and hold harmless Got Game, its past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, shareholders, officers, representatives, employees, licensees, successors and assigns, jointly and individually (hereinafter collectively referred to as “Releasees”), from all manner of liabilities, claims, demands, and causes of action of any kind or nature, whatsoever, in law or equity, whether known or unknown, now, or in the future, that you have or may have by reason of this authorization or use your photographic portraits, pictures, digital images or videotapes, including any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said images or videotapes, or in processing tending towards the completion of the finished product, including publication on the internet, in brochures, or any other advertisements or promotional materials. You further agree that you shall be liable for any attorneys’ fees and costs incurred by Got Game and/or any Releasee in connection with any claim or lawsuit brought in violation of this Release. Nothing in this Release shall be construed to require the commission of any act contrary to law, and wherever there is a conflict between any provision of this Release and any statute, law, ordinance, order or regulation contrary to which you have no legal right to contract, such statute, law, ordinance, order or regulation shall prevail; provided that in such event (i) the provision of this Release so affected shall be limited only to the extent necessary to permit the compliance with the minimum legal requirements, (ii) no other provision of this Release shall be affected thereby, and (iii) all such other provisions shall remain in full force and effect. Got Game may freely transfer and assign this Release, or all or any of its rights or privileges hereunder, to any entity or individual without (i) restriction, (ii) my permission, and/or (iii) notice to me of any kind. This Release shall be binding on all of your successors-in-interest and heirs.
Contact: All comments, queries and requests relating to these Terms are welcomed and should be addressed as follows:
Got Game Sports, LLC
PO Box 360553
Los Angeles CA, 90036
By phone: (800) 975-8189
By email: email@example.com Registration payments must be made in full along with application submission to be processed. I understand there is a no refund policy, including for misbehaved campers asked to leave. Cancellations will be issued a full credit to any future Got Game program.