1. Introduction
PracticeStar, LLC (“PracticeStar,” “we”, “us”, or “our”) owns and operates the online service located at https://www.practicestarapp.com and related services and apps, all under the PracticeStar name (collectively, the “PracticeStar System”). These Terms and Conditions (the “Terms”) set forth the terms and conditions under which you may use the PracticeStar System. PracticeStar’s Privacy Policy, located at https://www.practicestarapp.com/privacy (the “Privacy Policy”), is incorporated into and made part of these Terms, as if fully set forth herein.
2. Consent to be Bound
By accessing or using the PracticeStar System, you acknowledge that you have read, understand, and agree to be bound by these Terms and all provisions of PracticeStar’s Privacy Policy. Do not use the PracticeStar System or direct requests to the PracticeStar System if you do not agree to these Terms, including PracticeStar’s Privacy Policy.
To verify your account on the PracticeStar System, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. By verifying an account on the PracticeStar System, you agree to be bound by these Terms (including PracticeStar’s Privacy Policy), and you further agree that these Terms (including PracticeStar’s Privacy Policy) will be binding on any child under the age of 18 (or under the legal age of majority in your jurisdiction) as to whom you are a parent or legal guardian. Do not use the PracticeStar System if doing so is prohibited in your country or under any law or regulation applicable to you.
3. Changes to Terms
We reserve the right to modify these Terms from time to time at our sole discretion. Therefore, you should review these Terms periodically. When we change the Terms in a material manner, we may notify you that material changes have been made to the Terms. Your continued use of the PracticeStar System after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the PracticeStar System.
4. Changes to Services
We may, without prior notice, change the services offered on the PracticeStar System; stop providing any such services; or create limits for any such services.
5. Intellectual Property
The PracticeStar System and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all intellectual property rights related thereto (collectively, the “PracticeStar Intellectual Property”) are the exclusive property of PracticeStar, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such PracticeStar Intellectual Property, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
6. User-Created Content
You agree that you own all the relevant rights, or received the appropriate license, to upload/transfer/send any content that you send to the PracticeStar System, including, but not limited to, practice activities, assignments, announcements, teams, seasons, prizes, instructions, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works (the “User-Created Content”). You agree and consent that the User-Created Content may be publicly displayed on the PracticeStar System. You further grant PracticeStar, LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute the User-Created Content in any and all media. PracticeStar, LLC reserves the right to remove any User-Created Content from the PracticeStar System at any time, for any reason, and without prior notice.
7. Prohibited Activities
You agree not to engage in the following prohibited activities:
8. Termination or Suspension of Accounts
We may permanently or temporarily terminate or suspend your access to the PracticeStar System, and/or permanently or temporarily ban your IP address, without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
9. Indemnification
You agree to indemnify, defend, and hold harmless PracticeStar, LLC and its owners, operators, employees, agents, successors and assigns as to any demands, losses, liabilities, claims, damages, costs or expenses (including attorneys’ fees), made against any of them by any third party or arising out of, in connection with, or in any way related to your use of the PracticeStar System. You further agree to indemnify, defend, and hold harmless PracticeStar, LLC and its owners, operators, employees, agents, successors and assigns from any demands, losses, liabilities, claims, damages, costs or expenses (including attorneys’ fees) arising out of or in any way related to your breach of these Terms.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall PracticeStar, LLC be liable for any indirect, punitive, incidental, special, consequential, exemplary or punitive damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the PracticeStar System.
To the maximum extent permitted by applicable law, PracticeStar, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the PracticeStar System; and (iii) unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
11. No Responsibility for Prizes
The PracticeStar System enables organizations and coaches to provide prizes to players as a reward for player performance. Such prizes are offered and awarded by organizations and coaches, and not by PracticeStar, LLC, its owners, its employees, its agents, or its successors or assigns. In no event will PracticeStar, LLC, its owners, its employees, its agents, or its successors or assigns be responsible for providing prizes or liable for any failure to provide a prize.
12. No Warranties
The PracticeStar System is provided “as is,” with all faults, and PracticeStar, LLC makes no express or implied representations or warranties of any kind relating to the PracticeStar System.
13. Severability
If any of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Instead, the offending provision shall be severed and deleted from these Terms without affecting the validity, applicability, or binding effect of the remaining provisions.
14. Assignment
PracticeStar, LLC is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without providing any notification or obtaining further consent. You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
15. Entire Agreement
These Terms, and all terms expressly incorporated into these Terms, constitute the complete and entire agreement between the parties and supersede all prior agreements and understandings, oral, written, or otherwise, relating in any way to the PracticeStar System.
16. Dispute Resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related in any way to these Terms or to the PracticeStar System shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any and all such claims or disputes relating to these Terms or the PracticeStar System shall be brought in and resolved by the state courts of Texas. You hereby consent to personal jurisdiction in Texas state courts with respect to any claim or dispute relating to these Terms or the PracticeStar System.