Terms & Conditions

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TERMS OF USE 

REVISED 04-10-2017: AllPlayers Network, Inc. D/B/A Rank One Sport is joinging other Software providers and websites with a strong family presence to reduce the complexity of Terms of Service and Terms of Use, so every visitor and user of the service understands how his or her data is being utilized. Therefore we have added a WHAT YOU WANT TO KNOW section, and we encourage you to review it before you utilize the services, and ask us if you have any questions.

AllPlayers Network, Inc., a Texas corporation (“APN”), sites have been developed to assist schools, camps and military bases with their extracurricular activities needs. We provide a platform that empowers users to organize, communicate, engage, document, track and report on all activities associated with the school or base, including students, athletes, fans and guardians. 

This is the official Terms of Use Agreement (“Agreement”) for the website, application or other interactive service that includes an authorized link to this Agreement and all other websites, applications and other interactive services you also use that are offered by APN that is providing this website, application or other interactive service (collectively, all such websites, applications and other interactive services, “Site,” “we,” “us” or “our”). This Site is fully controlled and operated by APN. By accessing and using this Site, you are hereby agreeing to be legally bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the Terms of Use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use. If you do not agree with all the following Terms of Use, please do not use this Site.

WHAT YOU WANT TO KNOW:

  1. PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA) – WE WILL NEVER RELEASE, SHARE OR SOLICIT PERSONALLY IDENTIFIABLE DATA ASSOCIATED WITH THE FOLLOWING INFORMATION – political affiliations or beliefs of the student or the student’s parent;, mental or psychological problems of the student or the student’s family; sex behavior or attitudes; illegal, anti-social, self-incriminating, or demeaning behavior; critical appraisals of other individuals with whom respondents have close family relationships; legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; religious practices, affiliations, or beliefs of the student or student’s parent; or, income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program.
  2. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) – WE WILL NEVER RELEASE, SHARE OR SOLICIT PERSONALLY IDENTIFIABLE HEALTH CARE INFORMATION, AND ANY PERSONALLY IDENTIFIABLE INFORMATION CONTAINED WITHIN OUR SOFTWARE WILL REMAIN THE EXCLUSIVE PROPERTY OF THE ASSOCIATED ORGANIZATION.  Please request a copy of their HIPAA compliance directly from them.
  3. Family Educational Rights and Privacy Act (FERPA) – we comply with all FERPA requirements and provide all necessary services to allow each school to delete and/or modify individual records as well as bulk records on demand.
  4. Do not use this Site to break the law or post inappropriate information. We take the privacy and security of our members very seriously, and we will use the full force of the law to prosecute.
  5. In the highly unlikely event that you get a copy of our software code or intellectual property, please do not sell it or use it as your own, and let us know.
  6. In the vast majority of cases you are simply creating an account on this site, so you may register your child for extracurricular activities at a SCHOOL or OTHER MILITARY RELATED organization you know and trust. To be clear this Site has a relationship with that school or organization you know and trust.  we collect the information they request on their behalf to make the registration process easier for you and them. The information is owned by the school or organization and used the same way they have been using paper data for decades. This Site will not sell your personally identifiable data. We use this data to populate services within the software for the school and partners WHO HAVE BEEN APPROVED. If you ever want to remove your data just contact the school or organization and they can take care of that, since YOUR FORMS INFORMATION IS OWNED BY THEM.
  7. DO NOT CREATE ACCOUNTS USING INFORMATION THAT IS NOT YOURS, AND DO NOT SHARE YOUR INFORMATION. NO ONE UNDER 13 CAN CREATE AN ACCOUNT, AND IF YOU ARE NOT A GUARDIAN THEN YOU SHOULD NOT CREATE AN ACCOUNT FOR SOMEONE UNDER 13.
  8. WE WILL NOT PAY YOUR TECHNOLOGY BILL OR TAKE RESPONSIBILITY FOR FINANCIAL EXPENSES RELATED TO UTILIZING THIS SERVICE.
  9. THE SITE IS MOVING TOWARD MAKING INFORMATION AVAILABLE IN REAL-TIME, INCLUDING SCORES, SCHEDULES, STATS AND MORE. IN ORDER TO PROVIDE REAL-TIME SERVICES THERE IS A RISK PEOPLE WILL POST INAPPROPRIATE THINGS, AND WE ARE NOT MONITORING THIS IN REAL-TIME, SO YOU MAY BE EXPOSED. PLEASE LET US KNOW IF YOU SEE SOMETHING, AND WE WILL TAKE ACTION AS FAST AS WE CAN. DO NOT POST INAPPROPRIATE CONTENT SIMPLY BECAUSE THERE ARE RULES PROHIBITING IT, BUT RATHER BECAUSE IT IS THE RIGHT THING TO DO.



THE MORE TRADITIONAL TERMS OF USE START HERE, IF THERE IS CONFLICT BETWEEN WHAT YOU WANT TO KNOW SUMMARY INFORMATION ABOVE, AND THE MORE TRADITIONAL LANGUAGE BELOW IT IS OUR INTENT FOR THE STRONGER CONSUMER RIGHTS TO PREVAIL.
AUTHORIZED USE

The Site is for the use of its members only and may solely be used in a manner that is specifically authorized, endorsed or approved by the management of APN, pursuant to agreements between APN and its members. Illegal and/or unauthorized use of the website is prohibited, and when appropriate turned over to authorities. APN will take appropriate legal action for any illegal or unauthorized use of the website.

APN INTELLECTUAL PROPERTY

All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable or otherwise legally protectable elements of the Site, and the selection, sequence, “look and feel” and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the “Material”) are the property of APN and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. APN hereby grants you a non-exclusive, non-assignable and non-transferable license to use and display, for authorized uses, Material, including, without limitation, any files, codes, audio or images incorporated in or generated by the Site provided that you maintain (without alteration) all copyright and other notices contained. You further agree that where specifically noted on this Site or in connection with any Material, you will use such Material, as the case may be, in accordance with such specific terms and instructions. Unless authorized by APN, you acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or Material and that no title to any Material has been or will be transferred to you from APN or anyone else. Unless authorized by APN, you agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of APN. Use of APN’s and/or its licensors’ Material is only permitted with their express written permission or as authorized by APN. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify software or Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.

YOUR DATA

You are solely responsible for the content that you provide, publish or display on the Site, or transmit to other members. You may add or remove any content you provide the Site at your discretion. By posting and maintaining content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to APN a revocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You must provide content in a manner consistent with any and all applicable laws and regulations. You understand and agree that APN may review and delete any personal information or profiles that in the sole judgment of APN violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of members.

REGISTRATION AND PASSWORDS

Membership in the Site and its related services are void where prohibited. You are responsible for maintaining the confidentiality of your login ID and password (your “Registration”). You shall be responsible for all uses of your Registration, whether or not authorized by you. By using the Site and its service, you represent and warrant that all Registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Site shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your membership is solely for your use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content provided, published or displayed through your account, including any email messages, and for your interactions with other members. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any Registration. By creating such a Registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the Registration. You alone control the account of your children for which you have registered and may choose, as you see fit, to give your child access to any areas of the Site related to the Registration, including email, message boards and other Registration related information. Please remember that the Site and its services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the Sites’ areas and/or content is appropriate for your child. Please note that you as the legal guardian own the content in the user accounts.

TEXT MESSAGING MARKETING AND PROMOTIONS

Consistent with local law, appropriately aged visitors may have the opportunity to register for special promotions, services, news, programming and information delivered via text messaging (collectively, “Text Service(s)”) on wireless devices such as mobile phones and, if we do so, we will require your prior express consent for any Text Services in accordance with the nature of the Text Service and applicable laws, rules and regulations. The information requested or transmitted as part of the registration process includes your wireless telephone number and may include other information, such as your preferences regarding goods or services or other survey information and/or an email address. Depending on the Text Service and the information collected, you may also be required to confirm your agreement to this Agreement (including, but not limited to, the Privacy Policy and Rules).If you register for the Text Services, you acknowledge, understand and agree that you may be charged by your wireless carrier for the ability to send or receive all such messages. The standard messaging rates of your wireless carrier shall apply to all Text Services, unless noted otherwise. Under no circumstances shall the APN be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. If you change or deactivate your wireless telephone number, you agree to notify us when your wireless telephone number is no longer associated with you and identify such wireless phone number to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.You understand, acknowledge and agree that we may, at our sole discretion and without liability to you or any user, terminate our offer of any specific Text Service or all Text Services at any time without advanced notice. APN may provide notice of terminations or changes in services on this Site.

MESSAGE BOARDS/COMMENTS

To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of APN. In no event shall APN assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize APN to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, APN will have the right to use and change the Postings in any manner that APN may determine. Additionally, APN may sweep its message boards and/or comments periodically in its sole discretion. APN does not allow Postings which contain:

  • private or personal information which might identify a user;

  • profanity or obscenities;

  • personal attacks on other individuals;

  • slanderous, defamatory, obscene, pornographic, threatening and harassing comments;

  • and/or

  • other information that APN deems in its sole discretion to be inappropriate for Site.

The message boards and comments may be used for authorized purposes only. Users may not post any information intended to promote and/or generate revenue for any third-party business activity. Although APN periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, APN will make every effort to ensure that the message boards and comments best serve the interests of all users and, therefore, APN reserves the right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Policy) please contact us about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.Registered users of this Site who are California residents and are under 18 years of age may request and obtain removal of Postings on this Site that they themselves post by emailing us. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content or information in your Posting that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username and the name and URL (if applicable) of the website, application or other interactive service. We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information.Please also note that any requests for removal do not ensure complete or comprehensive removal of the content or information from this Site. For example, content that you have posted may be republished or reposted by another user or third party.

YOUR RESPONSIBILITIES

You may use this Site only for lawful, authorized purposes. You may not submit or transmit through this Site (whether via message boards, comments or otherwise) any material, or otherwise engage in any conduct, that:

  1. Violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  2. Involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  3. Is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, vulgar, profane, obscene, or transmits any information or data that APN deems in its sole discretion to be inappropriate for this Site;
  4. Victimizes, harasses, “stalks,” degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
  5. Contains any unauthorized personally identifiable information, or other information which might be used to identify or locate a user;
  6. Harms minors in any way;
  7. Impersonates any person, business or entity, including APN or its employees and agents or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
  8. Involves forging headers or otherwise manipulating identifiers to disguise the origin of any Postings transmitted through this Site;
  9. Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  10. Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users of the Network are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  11. Instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
  12. Otherwise interferes with the use or enjoyment of this Site by others;
  13. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  14. Is intended to promote and/or generate revenue for any third party business activity; or
  15. Violates these Terms of Use or any guidelines or policies posted on this Site.

APN discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will not be posted on the Site. For purposes of clarity, “masked” vulgarity, obscenity or profanity (e.g., “f*%K”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting, message or otherwise on the Site. APN reserves the right to delete any such material from the Site and to cooperate fully with any investigation of any person or persons who violate the Terms of Use. You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

(EXPLANATION – THIS SITE IS FOR FAMILIES, STUDENTS AND FANS, AND IS NOT THE PLACE TO GET A DATE, TALK POLITICS OR ENGAGE IN ANY SORT OF OFFENSIVE OR POLARIZING CONVERSATION. JUST KEEP IT CLEAN LIKE YOU WOULD IF YOUR PARENTS WERE WATCHING.)

FEES

User account membership is available for the Fees set forth within the Site. You may terminate your membership at any time. APN may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your membership application or other email address as you may subsequently provide to AllPlayers.com. By using the service and by becoming a member, you acknowledge that APN and has the right to terminate a member’s membership if member should breach this agreement or fail to pay for services. Termination of membership for any reason may not result in the refund of any pre-paid fees.

CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES

From time to time, APN or its suppliers and advertisers may conduct promotions on or through the Site including without limitation, auctions, contests, sweepstakes and electronic postcards (“Promotions”). Each such Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use (the “Rules”). If any conflict arises between these Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.

THIRD PARTY SERVICES

APN may offer certain e-commerce related services, including the ability to purchase tickets, camps, printing products, scheduling, and other goods and services (each an “E-Commerce Service” and collectively the “E-Commerce Services”). Additional terms apply to your use and access of these E-Commerce Services and such Additional Terms are incorporated herein by reference.Some of the E-Commerce Services utilize third party service providers. All purchases made through these third-party service providers are subject to their respective terms and conditions of use and privacy policy. APN is not responsible and has no liability whatsoever for goods or services you obtain through our third-party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. APN does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third-party service provider, even if the goods or services were shown on the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party service provider.APN does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates’ endorsement of such products. APN and its third-party service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice. (EXPLANATION – WE HAVE BRANDS WE OWN LIKE ALLPLAYERS.COM, ACTIVITY.SCHOOL, TICKETS.SCHOOL, PAYMENTS.SCHOOL, SCHEDULES.SCHOOL AND PARTNER SERVICE PROVIDERS LIKE C2CSCHOOLS, MASCOT MEDIA AND VARISTY NEWS NETWORK WHO ALSO PROVIDE SERVICES TO THE SCHOOL WHO MAY ACCESS AND SHARE THE DATA. THIS IS DONE TO CREATE CONVENIENCES FOR YOU AND THE SCHOOL, AND TO PROVIDE THE BEST POSSIBLE SERVICE. WE DO NOT SELL YOUR DATA TO OTHER PEOPLE. YOU ARE SAFE HERE AND WE WILL DO OUR BEST TO ALWAYS INSURE THAT.)

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APN DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APN IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY APN OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL APN’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations described in these Terms of Use may not apply to you.

DEALINGS WITH THIRD PARTY SERVICE PROVIDERS

Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party service provider or advertiser, as the case may be. You agree that APN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party service providers and advertisers on this Site.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by APN, its subsidiaries and affiliates of the opinions or views expressed by these third-party websites and APN does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, APN is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither APN nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, APN will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites. APN hereby acknowledge that you access third party hyperlinks at your own risk.

ADS AND MALWARE

We take great care and pride in creating this Site. We are always on the lookout for technical glitches that affect how the Site works. When we find them on our end, we will do our best to promptly fix them. Unfortunately, your home computer may cause some glitches that affect how you see our Site–and that is beyond our control.If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware-short for MALicious softWARE-is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, APN, its affiliates, and its and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. APN reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with APN in asserting any available defenses.

TERMINATION OR SUSPENSION OF ACCESS; MODIFICATION TO SITE

APN reserves the right, in its sole discretion, to immediately and without any prior notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access the Site and/or any other service provided to you by APN upon (a) any breach by you of these terms of use or upon your demonstration of conduct that AllPlayers.com determines to be inappropriate, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site or its services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Site or its services. Where your account or registration with APN is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by APN as part of your use and registration of the Site. APN shall not be required to refund, redeem or pay any such amounts to you, and you shall remain liable to APN for any charges, fees, commitments and obligations incurred by you prior to such termination. All records, information, messages, content and other information related to your registration and account may also be deleted by APN in its sole discretion without any notice or liability to you. APN shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the Site or its services. Additionally, APN reserves the right to terminate, suspend or otherwise restrict your use of and access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, APN reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. The Site shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.

PRIVACY POLICY

Certain information we may collect about you is subject to our Privacy Policy. Please review our Privacy Policy, which is incorporated herein by reference, for disclosures relating to our collection and use of such information.

ELECTRONIC DELIVERY POLICY

By using this Site, you agree that we may provide to you required notices, agreements and other information concerning the Site electronically by posting on the home page of this Site or on the relevant web page.

RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS 

  1. Binding Arbitration and Exclusions from Arbitration. EXCEPT AS PROVIDED BELOW OR UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN SUB-SECTION 5 BELOW), ANY AND ALL CLAIMS BETWEEN YOU AND APN WILL BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. You and APN agree to submit to individual arbitration the resolution of any and all Claims by or between you and/or APN, except that you and APN agree that the following will not be subject to the mandatory arbitration provisions in this Sub-section 1: (A) any Claim filed by you or APN with respect to any violation, enforcement or validity of patent, trademark, trade dress, service mark, copyright and/or trade secret rights of you, APN, or any third party, including, but not limited to, Claims related to content that you upload to or share on the Site and/or (B) you or APN may seek a preliminary injunction, restraining order or other provisional equitable relief in any court as provided in “GOVERNING LAW, ARBITRATION LOCATION, JURISDICTION, VENUE, JURISDICTION AND JURY TRIAL WAIVER” below in connection with any Claim whereby you or APN, as applicable, may suffer immediate and irreparable harm for which money damages may be inadequate and impossible to calculate (including, but not limited to, a Claim under Sub-section 1(A)), where such Claim under this Sub-section 1(B) will not be subject to the informal dispute resolution procedures described in Sub-section 2 below; provided, however, that, subsequent to obtaining such preliminary injunction, restraining order or other provisional equitable relief, the Claim will then be submitted to arbitration in accordance with this Section of the Agreement. You and APN agree that this Agreement affects interstate commerce, and that the enforceability of this Section of the Agreement will be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 (“FAA”). Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. There is no judge or jury in arbitration, discovery is more limited than in court, there are no class or representative proceedings, and court review of an arbitration decision is limited. An arbitrator must follow this Agreement and can award on an individual basis the same damages and relief as a court (including, but not limited to, injunctive and declaratory relief, statutory damages, and attorneys’ fees). “Claim(s)” means any dispute, claim or controversy by or between you and/or APN relating to the Site and/or this Agreement (including, but not limited to, this Site’s Privacy Policy and any additional terms that govern certain products and/or services which are presented in conjunction with those products and/or services, Rules, regulations, procedures and policies which we refer to in this Agreement), as may be modified from time-to-time, and the subject matter hereof, including, but not limited to, any contract, tort, statutory, or equity claims
  2. Informal Dispute Resolution. Except with respect to Claims described in Sub-section 1(B) above, before either you or APN pursue or participate in any Claim against the other party in arbitration or court proceedings, you or APN must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to APN at 4145 BELT LINE ROAD, #212-353, ADDISON, TX 75001 APN may send written or electronic notice of its Claim to your email address, APN account or any physical or other address APN has for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. Except with respect to Claims described in Sub-section 1(B) above, you and APN agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and APN do not reach an informal resolution of the Claim within 60 days, then the Claim may be submitted to binding arbitration as set forth in this Section of the Agreement or court as permitted by Sub-section 1 above.
  3. Arbitration Proceedings and Costs. Any arbitration will be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (the “AAA Rules”), as modified by this Agreement. The AAA Rules, and other information about the AAA, are available at the AAA’s website at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website (see Demand for Arbitration at https://www.adr.org/aaa/ShowPDF and, for arbitrations in California, https://www.adr.org/aaa/ShowPDF, but contact the AAA if you have issues accessing these links) and arbitration proceedings shall be initiated in the location described in “GOVERNING LAW, ARBITRATION LOCATION, JURISDICTION, VENUE, JURISDICTION AND JURY TRIAL WAIVER” below. As required by the AAA Rules, if you initiate the arbitration proceedings, you must send the original copy of the completed form to APN, which should be sent to APN at the following address: 4145 BELT LINE ROAD, #212-353, ADDISON, TX 75001. If your Claim is for $10,000 or less, 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. In all cases, you and APN shall exchange documents and other information that you or APN intend to use in the arbitration.Upon filing of an arbitration demand for Claims up to $75,000, APN will reimburse you for all necessary filing, administration and arbitrator fees paid by you to the AAA or, if you wish APN to pay such fees directly to the AAA, you must request payment of such fees by APN by mail to the AAA along with your form initiating arbitration and APN will make arrangements to pay such fees directly to the AAA. In the event the arbitrator determines that the Claim(s) you assert in the arbitration are frivolous or vexatious, you agree to reimburse APN for all fees associated with the arbitration paid by APN on your behalf. You agree that APN shall have no obligation to pay any other fees except as determined by the arbitrator.
    For Claims that total more than $75,000, the AAA Rules will govern payment of filing, administration and arbitrator fees to the maximum extent permitted by law. The decision of the arbitrator will be binding and conclusive on all parties, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
  4. Class Action Waiver. UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN SUB-SECTION 5), YOU AND APN AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and APN expressly agree that any Claim is personal to you and APN, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described in Sub-section 1 of this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described in Sub-section 1 of this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described in Sub-section 1 of this Agreement), and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and APN, then this Agreement to arbitrate will be unenforceable. Neither you nor APN consent to class arbitration.
  5. Right to Opt Out of Mandatory Arbitration and Class Action Waiver. IF YOU DO NOT WISH TO BE BOUND BY THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SUB-SECTIONS 1, 3 AND 4, YOU MUST NOTIFY APN IN WRITING (THE “Arbitration/Class Action Waiver Opt-Out Notice”), WHERE THE ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE MEETS ALL OF THE FOLLOWING REQUIREMENTS:
    (a) Sent by first class mail, postage prepaid, certified and return receipt requested or sent by overnight courier service (such as Federal Express) to 4145 BELT LINE ROAD, #212-353, ADDISON, TX 75001
    (b) Postmarked (if sent by first class mail) or deposited with the overnight courier service no later than (A), if you register as a new registered user of the Site on or after 2/12/2016 (“Agreement to Arbitrate Date”), 45 days after the date you accept this Agreement for the first time, unless an earlier deadline in Sub-section 5.2(C) applies, (B), if you are already a registered user of the Site before the Agreement to Arbitrate Date, 45 days after the earlier of either (I) your first log in to the Site on or after the Agreement to Arbitrate Date or (II) the date which email notice of the Agreement containing this Section of the Agreement, if any, was sent to the email address associated with your user registration, unless an earlier deadline in Sub-section 5.2(C) applies or (C) for all other users of the Site, 45 days after you accept this Agreement for the first time on or after the Agreement to Arbitrate Date, unless a longer period is required by applicable law.
    Time Periods Applicable to Users of Multiple APN Websites, Applications or Other Interactive Services. If you are or become a user of more than one APN website, application or other interactive service, you must provide the Arbitration/Class Action Waiver Opt-Out Notice within the earliest deadline applicable for any APN website, application or other interactive service for which you are or become a user (for example, if the Agreement to Arbitrate Date is August 1 and if you are a pre-existing registered user of a APN website prior to August 1 who logins on August 1 and registers as a new registered user of another APN website on August 15, you must provide the Arbitration/Class Action Waiver Opt-Out Notice by September 15 (45 days after August 1 and not 45 days after August 15)).
    (c) Includes your first and last name, address, phone number, email address and, if applicable, your username if you are a registered user of the APN website(s), application(s) or other interactive services(s) along with an identification of the APN website(s), application(s) or other interactive services(s) for each such username. We shall use the foregoing information included in the Arbitration/Class Action Waiver Opt-Out Notice to record, process, maintain and administer your opt-out of the mandatory arbitration and class action waiver provisions and not for marketing purposes.
    (d) Includes a statement that you do not agree to the mandatory arbitration and class action waiver.
    If the Arbitration/Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Sub-section 1, Sub-section 3 and Sub-section 4 with respect to all APN websites, applications or other interactive services (including, but not limited to, those owned, operated and/or provided by Viacom Inc. and the corporate affiliates that Viacom Inc. directly or indirectly owns or controls such as those described in the link here). Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.
    If the Arbitration/Class Action Waiver Opt-Out Notice does not meet all of the above requirements, you will not be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Sub-section 1, Sub-section 3 and Sub-section 4.
    GOVERNING LAW, ARBITRATION LOCATION, JURISDICTION, VENUE, AND JURY TRIAL WAIVER
    With the exception of the provision above that the enforceability of “RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS” above is governed both procedurally and substantively by the FAA, this Agreement and your use of the Site is otherwise governed by, construed and enforced in accordance with the laws of the State of Texas (without regard to that state’s conflict of laws rules).
    You or APN shall initiate arbitration in the United States county or territory in which you reside or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that (a) APN may request to transfer the arbitration to Dallas County, Texas if it agrees to pay any additional fees or costs you incur as a result of the change in location as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law and, upon such request, (b)(i) if you agree to such request, the arbitration shall be transferred to Dallas County, Texas or (ii) if you do not agree to such request, APN shall have right to request that the arbitrator determine the location in which the arbitration shall be held. You and APN agree that any Claim that is allowed to proceed in court as set forth in Sub-section 1 of “RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS” above (including, but not limited to, as a result of your submission of a valid Arbitration/Class Action Waiver Opt-Out Notice), or otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or a court order, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in the Dallas County, Dallas, State of Texas.
    To the extent it may be applicable, you and APN agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, YOU AND APN WAIVE ANY RIGHT TO A JURY TRIAL.

COPYRIGHT POLICY

We take protection of copyrights, both our own and others, very seriously.In you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.Send your notice of infringement to our designated agent for receiving such notices:Name of Agent Designated to Receive Notification of Claimed Infringement: Jason McKay Full Address of Designated Agent to Which Notification Should Be Sent to:4145 BELT LINE ROAD #212-353ADDISON, TX 75001 Email Address of Designated Agent: support@rankonesport.com DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Site is covered by a single notification, a representative list of such works on our Site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

How to Send a Counter Notice If Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing

As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counter notice as follows:
You must send the counter notice to our designated agent for receiving notices of infringement, whose name and contact information is above.
Your counter notice must be a written communication sent and must include substantially the following information:

  1. A physical or electronic signature of the subscriber
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
  3. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

When we receive a counter notice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counter notice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our website, we will not replace the material. Otherwise, we may repost the material at our discretion. However, pursuant to the Section of the Terms of Use Agreement entitled “Postings”, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counter notice pursuant to this Copyright Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace material.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

MISCELLANEOUS

APN operates and controls this Site from its offices at 4145 BELT LINE ROAD, #212-353, ADDISON, TX 75001.
This Site is intended exclusively for residents of the United States. We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the United States, you do so of your own initiative and you alone are responsible for compliance with local laws. Under no circumstances is APN responsible for ensuring that the Site is in compliance with the local laws of jurisdictions outside the United States. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
These Terms of Use contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Notwithstanding the foregoing, you also may be subject to additional or separate terms and conditions, rules or policies that may apply when you use certain features and services or purchase certain products that may be made available through this Site. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect.