These Terms of Service and Software License Agreement (“Agreement describe and govern the relationship between the Organization (defined below) and Fantastic Athletes Corporation (“Fantastic Athletes”). If you are a Coach, Athlete, Team Admin, Organization Admin, or Visitor, this Agreement describes and governs your use of and access to the Platform. This Agreement (or, if applicable, Organization’s written agreement with Fantastic Athletes and any invoices together form a binding agreement between Organization and Fantastic Athletes.

This is a legally binding contract. If you do not agree to this Agreement, please do not use the Platform.

When Fantastic Athletes updates the Platform or the way the Platform works, it may also update the Agreement. If that happens, Fantastic Athletes will post an updated version of the Agreement and notify Organization via the Organization Admin’s e-mail address on file; the update will be effective as of the date that Fantastic Athletes identifies in the email.

 

Definitions

• “Authorized User” is any Organizational Admin, Team Admin, Coach, or Athlete that has been granted access to an account associated with your Organization.
• “Athlete” is any individual who has been given access to a Team’s account with the ‘athlete’ feature set activated.
• “Coach” is any individual who has been given access to a Team’s account with the ‘coach’ feature set activated.
• “Coaching Data” means Organization’s coaching tools and data, such as voice, drawing, and textual annotations of Video, playbooks, diagrams, coaching presentation and testing materials, and communications between Authorized Users, as contained in the Platform. Coaching Data does not include Coach contact information.
• “Documentation” means the user, operations, and training manuals that Fantastic Athletes makes available to its Authorized Users generally in connection with the Platform.
• “Installed Software” means those elements of the Platform intended for installation on personal computers.
• “Intellectual Property Rights” means any rights under any patent (including patent applications and disclosures), copyright, trademark, trade secret, or other intellectual property right recognized in any country or jurisdiction in the world.
• An “Organization” is the organization that You represent when establishing a Fantastic Athletes account.
• An “Organizational Admin” is the individual designated by the Organization as the administrator for its account.
• “Platform” means Fantastic Athletes’ sports team communication, training, and management platform , Documentation, and any improvements, updates, fixes, or version upgrades provided by Fantastic Athletes to Organization from time to time. The Platform shall include the Installed Software, all websites, all mobile applications, and any other technological means to access Fantastic Athletes’ platform
• “Statistical Data” means Team rosters and performance statistics for each Team and Authorized User, as inputted by an Authorized User into Platform.
• A “Subscription” is a periodic license that permits one or more Teams to access the Platform and any particular Services described in the Invoice.
• A “Team” is a sports team associated with an Organization. For example, a high school’s varsity football team is one Team, and its junior varsity football team would be another Team.
• “Video” means any and all Organization video clips and other game or practice film, uploaded by Organization or its Authorized Users to the Platform, including, the voices, performances, poses, acts, plays, appearances, pictures, images, likeness, photographs, silhouettes and other reproductions of the physical likeness and sound of the players, coaches, and all others appearing in the Video.
• “Vital Information” means physical characteristics (e.g., height and weight) and contact information concerning any Authorized User, as input by Organization into the Platform or as otherwise publicly available.
• “You” and “Your” means the individual who is using the Platform and the Organization.

 

Payment.

 

• Invoices. When an Organization first signs into the Platform, Fantastic Athletes posts an invoice for the Subscription in each Team Admin’s account via the Platform. When an Organization adds new Teams to its account or new Services to its account, Fantastic Athletes posts each Team’s new invoice to the Team Admins’ accounts via the Platform. If the Organization purchases or renews an Organization-wide Subscription for multiple Teams, ©Fantastic Athletes Corporation, Florida Fantastic Athletes invoices the Organization Admin or other billing contact identified by Organization outside of the Platform. If the Organization purchases additional Services, Fantastic Athletes may issue invoices outside of the Platform, as described in such Service’s applicable Service Terms.
• Payment. Organization must pay Fantastic Athletes the amount identified as due on the invoice (“Fees”) on or before the due date on the invoice, or ©Fantastic Athletes Corporation, Florida Fantastic Athletes may deactivate or limit the applicable Subscription. All Subscriptions are invoiced in advance and are not refundable or cancelable unless the Subscription is cancelled within twenty-one (21) days from the Effective Date, unless stated otherwise on the invoice or the written agreement, if applicable. Organization is responsible for all Fees related to the use of the Platform by its Coaches, Organization Admins, and Team Admins. Fantastic Athletes may change the Fees at any time without notice to Organization, and such Fees shall be effective upon the next renewal.
• Credit Card Payments. If Organization’s Coaches, Organization Admins or Team Admins provide Fantastic Athletes with a credit card, Organization hereby authorizes Fantastic Athletes to charge the credit card for the Subscription for the Fees. Fantastic Athletes will bill the credit card on file for the relevant Subscription renewal unless Organization cancels its Subscription or otherwise pays the Fees before the due date.

 

Data Requests.

 

• When Organization requests any data uploaded by its Authorized Users, Fantastic Athletes may provide such data in accordance with the procedures described in its Privacy Statement

 

Administrative Rights

 

• Account Control.  Even though You initially set up an account, the Organization has the rights to that account and the Organization can change your role on the account and otherwise modify the Organization’s accounts.
• Organizational Admin.  An Organization may designate additional Organizational Admins, each of which shall have authority described in this paragraph. The Organizational Admin has authority to make changes to the Organization’s account, to remove or add other users from the Organization’s account (including other Organizational Admins) and to take any other actions and obtain any other information related to the Organization. The Organization is responsible for the actions of its Organizational Admins and to update the Organizational Admins associated with its account.
• Team Admin.  Each Team must have at least one individual identified as its team’s administrator (a “Team Admin”). Team Admins have all permissions and authorities of a Coach, plus the power to add or remove other Coaches and Team Admins from the Team.

 

Licenses. 

 

• Platform License Grant. Subject to this Agreement, Fantastic Athletes grants to Organization the non-exclusive, non-transferable, revocable right during the Term (as defined below) to (i) download and install the Installed Software on Authorized User’s personal computers,  (ii) access and use the Platform for internal use by Authorized Users; and (iii) share Coaching Data with other Authorized Users in the Organization for the limited purpose of training Athletes.
• An Organization may grant its Authorized Users the rights in (i) (ii) and (iii).
• Use Restrictions. The licensee shall not use the Platform for any purposes beyond the scope of the license granted in this Agreement. Without limiting the foregoing and except as otherwise expressly set forth in this Agreement, Organization shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Platform, in whole or in part; (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Platform, in whole or in part; (iv) remove any proprietary notices from the Platform;  (v) use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any person, or that violates any applicable law; (vi)commercialize the Coaching Data; or (vii) collect, aggregate, or mine data from the Platform. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Platform, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
• Fantastic Athletes may immediately terminate the foregoing license upon any breach (including any attempted and/or threatened breach) of this Section 5
• Grants to Fantastic Athletes. Subject to this Agreement, Organization grants the following license rights to Fantastic Athletes (and its licensees, sublicensees, distributors, and sub-distributors):
• Video: the non-exclusive, royalty-free right, to all Intellectual Property Rights of Organization in the Video, to use Organization’s Video for the purpose of (a) enabling Authorized Users to use the Platform during the Term, (b) if Organization authorizes through the Platform, the release, (which includes the right to sublicense, license, distribute or sub distribute) of the Video, in whole or in part, to third parties, including but not limited to Fantastic Athletes’ distributors, independent contractors and agents, to (1) use such released Video to provide the Platform community features to users and to other third parties during the Term, and (2) to reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon (including inserting advertising therein), perform and otherwise use such released Video, in whole or in part, in perpetuity in all media formats and channels now known or hereafter devised (including on Fantastic Athletes’ websites, third party websites, cable networks and stations, broadband and wireless platforms, products and services) for any and all purposes, including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to, or permission from Organization, with or without attribution and without any royalty or payment obligations, which rights in this subsection (c) shall survive any termination or expiration of this Agreement.
• Coaching Data: the non-exclusive, royalty-free right, to all Intellectual Property Rights of Organization and its Authorized Users in the Coaching Data, to use the Organization’s Coaching Data for the purpose of enabling Authorized Users and other third parties to use the Platform during the Term.
• Vital Information: the non-exclusive, royalty-free, and perpetual right to all Intellectual Property Rights of Organization and its Authorized Users in the Vital Information to use the Vital Information in connection with the Platform and otherwise.
• Statistical Data: the non-exclusive, royalty-free, and perpetual right, to all Intellectual Property Rights of Organization to use the Statistical Data in any manner.
• Hosting: Without limiting the above, Fantastic Athletes may sublicense the rights in this Section 5 during the Term as necessary to enable any third-party hosting of the Platform. Fantastic Athletes is not responsible for hosting any of your data beyond thirty (30) days after the expiration or termination of the Term.
• Organization Responsibilities. The organization is responsible and liable for all uses of the Platform resulting from access provided by Fantastic Athletes, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Organization is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by the Organization will be deemed a breach of this Agreement by Organization. The Organization shall take reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User's use of the Platform and shall cause Authorized Users to comply with such provisions.
• Ownership. Except for the licenses provided in this Section 5, as between Fantastic Athletes and Organization, (i) Fantastic Athletes owns all Intellectual Property Rights in the Platform, Fantastic Athletes’  marks and business model, Feedback (as defined below), and any other rights not expressly granted to Organization herein and (ii) Organization retains all Intellectual Property Rights in the Video, Coaching Data, and Statistical Data. No other licenses are granted.
• Feedback. Fantastic Athletes owns all Intellectual Property Rights in any Feedback and may use such Feedback for any purpose related to the Platform without further approval or acknowledgment, and Organization, on behalf of itself and its Authorized Users, hereby assigns to Fantastic Athletes any and all rights in such Feedback throughout the universe in perpetuity. “Feedback” shall mean any comments, information, questions, survey data, data, ideas, enhancement requests, recommendations, descriptions of processes, or other information concerning the Platform, whether solicited by Fantastic Athletes or provided by Organization or its Authorized Users without any such solicitation (“Feedback”).

 

Promotion.

 

• Fantastic Athletes may publicize and market Organization as a customer. Subject to Fantastic Athletes’ confidentiality obligations hereunder, Fantastic Athletes may display on Fantastic Athletes’ website and in any and all promotional materials (irrespective of the means of exploitation) a case study or other customer usage scenario referencing or featuring Organization. Fantastic Athletes may prepare and utilize testimonials of a reasonable number of Authorized Users, subject to Organization’s prior consent (to the extent Organization is entitled to grant such consent). Organization hereby grants to Fantastic Athletes and represents to Fantastic Athletes that it may grant, a non-exclusive, non-transferable, royalty-free license for Fantastic Athletes to make use of Organization’s name or logo during the Term on Fantastic Athletes’  website and in any and all promotional materials (irrespective of the means of exploitation). All such use shall inure to the benefit of Organization, and Fantastic Athletes shall have no implied right to any other intellectual property of Organization except as set forth in this Agreement. Fantastic Athletes shall use its best efforts to comply with any use guidelines that Organization provides to Fantastic Athletes in writing; provided, that an inadvertent failure to comply shall not be a breach of this Agreement.

 

Confidentiality.

 

• Each party (a “Receiving Party”) may be provided or have access to Confidential Information (as defined below) of the other party (a “Disclosing Party”). Confidential Information will not include anything that (a) is authorized by Organization for disclosure to third parties pursuant to the terms of this Agreement or use of the Platform, as provided herein; (b) is already in the possession of the Receiving Party without obligation of confidence; (c) is independently developed by the Receiving Party without use of Confidential Information; (d) is or becomes available to the general public without breach of this Agreement; or (e) is rightfully received by the Receiving Party from a third party without obligation of confidence. Receiving Party agrees that it will not, without the consent of the other party, disclose Confidential Information to third parties or use it in any way except as set forth herein, and take actions reasonably necessary to protect the confidentiality of the Confidential Information.
• “Confidential Information” means (i) any proprietary information, technical data, trade secrets or know-how of Fantastic Athletes, including, but not limited to, research, product plans, and proprietary information concerning products and services, pricing, or other business or technical information of Fantastic Athletes that is designated to be confidential or proprietary or which reasonably appears to be confidential or proprietary; and (ii) to the extent not otherwise released by Organization and except as provided in the Privacy Policy, the Video, Coaching Data, and Athlete profile data.

 

Access to the Platform.

 

• From time to time the Platform may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Fantastic Athletes may undertake from time to time; or (iii) causes beyond its control or which are not reasonably foreseeable.

 

Third-Party Links and Payment Processing

 

• For Your convenience, Fantastic Athletes may provide links through the Platform to other websites or applications that Fantastic Athletes does not operate, including links to other websites or applications that sell products or services. Fantastic Athletes does not control such other websites or applications and is not responsible for their content, products or operation. These links do not mean that Fantastic Athletes endorses, approves or sponsors the linked websites or applications or any information, products or services contained on those other websites or applications. Fantastic Athletes is not liable for any damage that might result from Your use of the information, products or services obtained from those third-party linked other websites or applications. Your use of such other websites or applications is entirely at Your own risk.
• The Platform utilizes third-party vendors for processing payments for those goods or services; in particular,Paypal.  The organization is subject to those third-party vendors’ terms of use when using their service, which can be found here: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full. Fantastic Athletes is not liable for any actions against Organization by any payment processor, or any interaction between Organization and any third-party vendor. 

 

Third-Party Content

 

• The Platform will contain content supplied by parties other than Fantastic Athletes.  Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not ours. Fantastic Athletes make no guarantees as to the accuracy, completeness or usefulness of any content or service provided, nor its merchantability or fitness for a particular purpose. 
• Fantastic Athletes is not responsible for the actions or inactions of any users of the Platform.

 

Term and Termination

 

• Term. This Agreement shall commence upon the activation of an Organization’s Subscription and will continue for the initial period specified in Organization’s invoice; if no such initial period is designated, for a period of one year (such applicable period, the “Initial Term”). Following the Initial Term, this Agreement will automatically renew for additional renewal terms upon payment by Organization (each a “Renewal Term” and together with the “Initial Term”, the “Term”), unless otherwise terminated as provided below.
• Termination. In addition to any other express termination right set forth in this Agreement: (i) Organization may cancel its Subscriptions for one or more Teams at any time prior to the then-current Initial Term or Renewal Term, as applicable; (2) Fantastic Athletes may terminate this Agreement if Organization materially breaches this Agreement and fails to cure such breach within five (5) business days after written notice thereof.; (iii) either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
• Effect of Expiration of Termination. Upon expiration or earlier termination of this Agreement, the license granted hereunder will also terminate, and, without limiting Organization’s obligations hereunder, Organization shall cease using and delete, destroy, or return all copies of the Platform and certify in writing to Fantastic Athletes that the Platform has been deleted or destroyed. No expiration or termination will affect the Organization’s obligation to pay all Fees that may have become due before such expiration or termination, or entitle Organization to any refund.  Upon expiration or termination of the Term, Fantastic Athletes shall maintain the Organization’s data for no more than thirty (30) days.  If an Athlete, previously an Authorized User or Athlete under an Organization’s Subscription, opts to create its own account, it shall be entitled to a transfer of its data from the Organization’s account to its own account, unless otherwise prohibited by the Organization.

 

Representations and Warranties.

 

• Organization represents to Fantastic Athletes as follows: (i) it has the authority to enter into and perform its obligations under this Agreement; (ii) it is the owner of or it has all secured and will maintain any and all rights, consents and/or releases, including all Intellectual Property Rights, necessary to post any content that it posts to the Platform and grant the licenses herein, including from any Authorized Users, independent contractors, governing athletic bodies, conferences or organizations, and parents of Authorized Users that are minors; (iii) the Video and the Coaching Data, as incorporated into the Platform by Organization and Fantastic Athletes (or Fantastic Athletes’  exploitation thereof) in accordance with the terms of this Agreement, do not violate, infringe upon, or misappropriate the Intellectual Property Rights, or any other right, of any third party; (iv) there are no existing or threatened claims or litigation which would materially adversely affect or materially adversely impair Organization’s ability to perform under this Agreement; (v) it has no agreement with or obligations to any third party with respect to the rights herein granted which conflict or interfere with or adversely affect any of the provisions of this Agreement or the use or enjoyment by Fantastic Athletes of any of the rights herein granted; and (vi) Organization has not sold, assigned, transferred or conveyed, and will not sell, assign, transfer, or convey, to any party any right, title, or interest in and to the rights herein granted or any part thereof, adverse to or in derogation of the rights herein granted to Fantastic Athletes.
• Fantastic Athletes represents to Organization that it has the authority to enter into and perform its obligations under this Agreement.
• EXCEPT FOR THE LIMITED WARRANTIES SET FORTH ABOVE, ORGANIZATION’S USE OF THE PLATFORM IS AT ORGANIZATION’S OWN RISK AND PROVIDED AS-IS, WITHOUT ANY WARRANTIES, AND EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.

 

Indemnification.

 

• Fantastic Athletes Indemnification.
• Fantastic Athletes shall defend or settle any action brought against Organization to the extent that it is based upon a third party claim that the Platform, as provided by Fantastic Athletes to Organization under this Agreement and used within the scope of this Agreement, infringes any U.S. patent or any copyright or misappropriates any trade secret with regard to any third party (a “Claim”), and will pay any costs, damages and reasonable attorneys’ fees attributable to such Claim that are awarded against Organization, provided that Organization (i) promptly notifies Fantastic Athletes in writing of the Claim; (ii) grants Fantastic Athletes sole control of the defense and settlement of the claim; and (iii) provides Fantastic Athletes, at Fantastic Athletes’ expense, with all assistance, information and authority reasonably required for the defense and settlement of the Claim. Notwithstanding the foregoing, any and all of Fantastic Athletes’ obligations under this Section 13 shall be limited to an amount equal to the subscription fees paid to Fantastic Athletes under this Agreement.
• If Organization’s use of the Platform hereunder is, or in Fantastic Athletes’  opinion is likely to be, enjoined due to a Claim, Fantastic Athletes may, at its sole option and expense, (i) use commercially reasonable efforts to procure for Organization the right to continue using the Platform under the terms of this Agreement; or (ii) use commercially reasonable efforts to replace or modify the Platform so that it is non-infringing and substantially equivalent in function to the enjoined aspects of the Platform; or (iii) terminate Organization’s rights and Fantastic Athletes’ obligations hereunder with respect to the enjoined features of the Platform and refund to Organization a prorated portion of the Fees paid for such features for the then-current annual term.
• Notwithstanding anything herein to the contrary, Fantastic Athletes will have no liability for any infringement or misappropriation claim of any kind to the extent that related to (i) modifications to the Platform made by a party other than Fantastic Athletes; (ii) the combination, operation or use of the Platform or any other material licensed to Organization hereunder with equipment, devices, software or data not supplied by Fantastic Athletes; or (iii) Organization’s failure to use an enhancement, upgrade, or update provided by ©Fantastic Athletes; (iv) Organization’s breach of this Agreement; or (v) due to any action or inaction of Organization.
• THE INDEMNIFICATION AND REFUND PROVISIONS OF SECTION 13.1, SUBJECT TO THE EXCLUSIONS THEREOF, SET FORTH FANTASTIC ATHLETES’ SOLE AND EXCLUSIVE OBLIGATIONS, AND ORGANIZATION’S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND.

 

Organization Indemnification.

 

• The organization shall indemnify and hold Fantastic Athletes, its affiliates, and their respective directors, officers, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Organization’s breach of this Agreement, including any representations and warranties set forth above. Section 13.2 shall survive any termination or expiration of this Agreement.

 

Limitation of Liability.

 

• IN NO EVENT WILL FANTASTIC ATHLETES BE LIABLE TO ORGANIZATION UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST VIDEO CONTENT, COACHING DATA, OR STATISTICAL DATA, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT, REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• FANTASTIC ATHLETES’ TOTAL CUMULATIVE LIABILITY TO ORGANIZATION FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL NOT EXCEED THE FEES PAID TO FANTASTIC ATHLETES BY ORGANIZATION PURSUANT TO THIS AGREEMENT DURING THE TWELVE MONTHS PRECEDING THE DATE ON WHICH THE LIABILITY ARISES.

 

Miscellaneous.

 

• If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. The parties’ relationship is that of independent contractors. Fantastic Athletes may assign this Agreement or any of its rights or obligations hereunder (in whole or in part) without the Organization’s consent. Organizations may not assign this Agreement without the prior written consent of Fantastic Athletes.
• This Agreement is governed by the laws of the State of Florida, except for its conflict of law’s provisions. Venue for all disputes arising under this Agreement shall lie exclusively in the State of Florida and each party agrees not to contest the personal jurisdiction of these courts; provided, however, that Fantastic Athletes shall have the right to commence and prosecute any legal or equitable action or proceeding before any other U.S. court of competent jurisdiction to obtain injunctive or other relief.
• Any notices must be given in writing to the other party at the contact information indicated on an order(s) or Fantastic Athletes’  website, and shall be deemed given immediately upon personal delivery, three (3) days after deposit in the United States mail by certified or registered mail, one (1) day after overnight express courier; or upon confirmed transmission by fax or confirmed email receipt.
• The Agreement, including this Agreement and all referenced pages and invoices, if applicable, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in this Agreement and any other documents or pages referenced in this Agreement, the following order of precedence will apply: (1) the terms of any written agreement, (2) the portions of the applicable Service Terms that apply to Organization (if any), (3) this Agreement and (4) finally any other documents or pages referenced in the Terms. Notwithstanding any language to the contrary therein, no terms or conditions stated in a purchase order, vendor onboarding process or web portal, or any other Organization order documentation (excluding documents authored by Fantastic Athletes) will be incorporated into or form any part of the Agreement, and all such terms or conditions will be null and void.

 

Supplemental Terms

 

• U.S. Government Organizations. The terms of this Section 14.1 apply only if the Organization is a U.S. public or government entity (or use of the Platform is for the U.S. Government):
• Use By or For the U.S. Government.The Platform is a “commercial item,” as defined at 48 C.F.R. §2.101, and constitutes “commercial computer software” and “commercial computer software documentation,” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and related documentation are provided to end-users for use, by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
• Governing Law, Auto-Renewal, Venue, Publicity, Indemnification.The sections in the Agreement addressing (i) governing law, (ii) automatic renewal, (iii) venue, (iv) publicity, and (v) indemnification by Organization are hereby waived to the extent they are prohibited by federal law.
• 17.2 State or Local Government Organizations. If Organization is a state or local government entity, the sections in this Agreement addressing (a) governing law, (b) venue, and (c) Organization’s indemnification of Fantastic Athletes will not apply to Organization only to the extent Organization’s jurisdiction’s laws prohibit Organization from accepting the requirements in those sections.
• Education Organizations. If Organization is a school or educator in the United States, Organization is responsible for complying with the U.S. Family Educational Rights and Privacy Act (“FERPA”) and any applicable state student data privacy laws. The organization shall at least (a) notify Athletes’ parents/guardians of any personally identifiable information that it will collect and share with Fantastic Athletes and (b) obtain parental/guardian consent before its Athletes sign up or use the Platform. When obtaining such consent, the Organization should provide parents/guardians with a copy of ©Fantastic Athletes Corporation, Florida’s Privacy Policy. Organizations must keep all consents on file and provide them to Fantastic Athletes upon request. If Organization is located outside of the United States, Organization shall obtain any required consents or approvals from the parent or guardian of any Athlete covered by similar laws and, as a condition to the Organization’s and its Athletes’ use of the Platform, Organization shall comply with such laws. Fantastic Athletes shall secure the Organization’s data in accordance with the industry standard for education data

 

Digital Millennium Copyright Act Compliance Notice.

 

• Fantastic Athletes respect the intellectual property rights of others. If you believe any of the content on the Platform infringes your copyrights, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). For more information on what a notice of infringement pursuant to the DMCA requires, please visit http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content (no longer being updated) and/or https://www.copyright.gov/title17/92appb.html.
• Fantastic Athletes will process notices of alleged infringement that Fantastic Athletes receive and will take appropriate actions as required by the DMCA and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to our designated agent:

 

Maria Crimi Speth

3200 N. Central Ave, Suite 2000

Phoenix, Arizona 85012

mcs@jaburgwilk.com

 

• To be effective, the notification must be in writing and must comply with the DMCA, 17 U.S.C. §512(c)(3). Notices that do not comply with the law will be disregarded.

 

Updates to Terms of Use.

These Terms of Use were last updated on June 17, 2023.