Effective/Last Update: September 11th, 2023.
Welcome to Epicplays, an online sports community to manage or play in competitive leagues or programs, check out local games, and athletic video content.
Below you will find the Epicplays Terms and Conditions of Use ("Terms"). The Terms you see below outline your legal rights on Epicplays, explain the rights you give to us when you use Epicplays, describe the rules everyone needs to follow when using Epicplays, and finally, contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration. These Terms contain an arbitration agreement and class action waiver that apply to all claims brought against Epicplays in the United States. Please read them carefully.
The Epicplays website and service including (without limitation) all websites, mobile applications and other interactive properties through which the service is delivered (collectively, the "Service") are owned, operated and distributed by Music So Good, Inc., a Delaware corporation (referred to in these Terms of Service as "Epicplays" or "we" and through similar words such as "us," "our," etc.). By accessing any part of the Service, you are agreeing to the terms and conditions described below (these "Terms of Service"), the terms and conditions of our privacy policy (the "Privacy Policy") and any other legal notices published by us on the Service (collectively, the "Governing Documents"). If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all users, including both users who are simply viewing content available via the Service and users who have registered as members of Epicplays.
We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications.
Description of Service
The Epicplays Service allows consumers to manage or find sports teams and programs, such as leagues, tournaments, and games that they are interested in participating in, applying to, and allows program managers to find athletes (“consumers”) interested in participating within their programs.
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
Consumer Terms
Searching, applying and participating on Epicplays
When you apply to a league on the Site/Mobile app, you agree to the following rules:
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You will accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to play in a league/program on Epicplays.
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You will follow all reasonable rules set by a league/program manager with respect to the league/program, and you will not take any actions to interfere with the league manager or any other league members.
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You may access league/program content for your information and personal use only.
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You will not copy any materials or techniques for purposes of your own, or for interfering with the program managers’ ongoing program.
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Epicplays reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.
Athlete/Sports Practitioner on Epicplays
As an Athlete/Sports Practitioner, you agree to the responsibilities and expectations of athletes and sports practitioners who use the Epicplays platform and services ("Epicplays" or "the Service"). By participating in leagues, tournaments, or programs on Epicplays, you agree to abide by these Rules. If you do not agree with these rules, please do not use our platform for sports-related activities.
As an athlete or sports practitioner on Epicplays, you are responsible for:
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Adhering to the rules and regulations of the leagues, tournaments, or programs you participate in.
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Ensuring your own safety and well-being during sports activities.
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Behaving in a respectful and sportsmanlike manner towards other participants and officials.
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Complying with any additional guidelines or requirements set forth by the organizers of the sports activities.
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Epicplays does not organize or directly manage sports events or activities. We provide a platform for the organization and promotion of such events by third parties, including Program Managers.
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Epicplays is not responsible for any injuries, accidents, or incidents that may occur during sports activities organized through our platform. Participants are solely responsible for their own safety and well-being.
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Epicplays is not responsible for any misconduct, including but not limited to unsportsmanlike behavior, discrimination, or harassment, that may occur during sports activities organized through our platform. Participants are expected to report any such incidents to the event organizers or authorities.
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By participating in sports activities on Epicplays, you confirm that you are physically capable of engaging in these activities and that you have obtained any necessary medical clearance.
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If you are under the age of 18, you must have the consent of a parent or legal guardian to participate in sports activities on Epicplays.
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In the event of disputes or concerns related to sports activities, participants are encouraged to resolve them through communication with the event organizers or responsible parties. Epicplays may provide assistance in dispute resolution but is not liable for the outcomes.
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Epicplays may modify this Athlete/Sports Practitioner Policy at any time. We will notify users of changes through the Service or by other means. Your continued participation in sports activities on Epicplays after the effective date of any changes constitutes your acceptance of the revised Policy.
Your Responsibilities and Assumption of Risk
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Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any applications, enrollments or other Service. For example, this means: (i) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are enrolling in a league and bring a minor to a Program Manager Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
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Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Epicplays Platform and any Content, including your program enrollment, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Program Manager Service to determine whether it is suitable for you.
Program Manager Terms
Program Manager Services and Contracting with Consumers
When you create your profile on the Site/Mobile Application, you agree to the following rules:
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You will honor any enrollments through Epicplays.co and mobile application(s) at the price and time listed in the Service, and not refuse enrollments by any consumer for any discriminatory or other illegal reason.
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You grant us the right to place advertisements on your content at our sole discretion.
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Any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
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You represent and warrant to Epicplays that you are qualified to plan and execute the program that you accepted with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
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You understand that, if you execute a program, your client/consumer will have the ability to post a review of this program. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
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You may choose to remove content from your profile and will continue to own such content, but we will continue to have the right to use that content.
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You grant us full ownership of any video content that we have filmed for you. It is at our sole discretion to remove, add, or edit that video content.
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You agree that you will not submit content to Epicplays that violates the Epicplays Community and Program Guidelines, which may be occasionally updated.
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Epicplays reserves the right to suspend or terminate your Program Manager account and access to premium features at our discretion, with or without cause, and with or without notice, if you fail to comply with these Terms or if your conduct violates our community guidelines.
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As a Program Manager, you may have access to premium features on Epicplays, such as enhanced analytics and promotional tools. These features are provided to help you better manage and promote your programs.
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In the event of disputes between Program Managers or between Program Managers and users, we encourage you to resolve them amicably and in accordance with the rules and regulations of your programs. If disputes cannot be resolved, please contact Epicplays for assistance.
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Epicplays may modify these Program Manager Terms at any time. We will notify you of changes through the Service or by other means. Your continued use of your Program Manager account after the effective date of any changes constitutes your acceptance of the revised Terms.
Know your legal obligations
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Program Manager Services.
Your Responsibilities
You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Program Manager Services.
General Terms
Content
The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are Music So Good, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.
You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by Epicplays in writing. You may not engage in practices of "screen scraping," "database scraping" or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Epicplays in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Epicplays or its affiliates without express written consent. You may not use meta tags or any other "hidden text" utilizing the Epicplays name or trademarks without the express written consent of Epicplays.
User-Generated Content
Content submitted by users for inclusion on the Service (including, without limitation, sports videos, pictures, text, messages, information, program titles, descriptions and services, and/or other types of content) is sometimes referred to in these Terms of Service as "User Submissions, or “User Content” (see Content on the Services section below). Whether or not any User Submission is published, it will be subject to these Terms of Service. Epicplays does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize Epicplays to use the User Submissions in the manner contemplated by the Service and these Terms of Service.
You hereby grant to Epicplays a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to Epicplays by all means and in any media now known or hereafter developed. You also grant to Epicplays the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Epicplays for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Epicplays.
We neither endorse nor assume any liability for the contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s. See "Copyrights, Licenses and User Submissions" above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Epicplays will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide Epicplays notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of help@epicplays.co that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Content on the Services
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
We respect the intellectual property rights of others and expect users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by email to: support@epicplays.co or contacting our designated copyright agent at:
Music So Good, Inc.
Account Terms
The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
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You must be 13 years or older to use the Service.
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You must be a human to open an account. Accounts registered by "bots" or other automated methods are not permitted.
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You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Epicplays will not be liable for any loss or damage from your failure to comply with this security obligation.
In summary: Our Services are not directed to anyone under the age of 13 or the minimum age at which a person may use the Services in your state, province, or country if it is older than 13. If we become aware that you are under this age we will suspend your use of the Services and delete your account and data. Other terms may apply to our Services which require you to be even older to use them so please review these carefully when prompted.
Changing Fees
We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.
Epicplays Platform Rules for All Users
Epicplays is a community of sports enthusiasts, professionals and fans. When you sign up for the Site or mobile application, you agree to the following rules:
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It is not permitted for any reason, the copying, redistributing, reproducing, "ripping," recording, transferring or displaying to the public, broadcasting, or making available to the public any part of the Epicplays Service or the Content, or otherwise making any use of the Epicplays Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Epicplays Service or the Content or any part of it.
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You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
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Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
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You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
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You assume full responsibility for the content of the Service offered.
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You understand that artist profiles created are publicly available to be viewed and accessed by any consumer user.
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You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
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You will not share content from the Service with anyone who is not properly licensed to access the content.
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You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
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You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
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You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
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You will not impersonate any person or entity, including any of our employees or representatives.
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You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
Data Policy
When a consumer applies and enrolls in a program on Epicplays, we will share the consumer’s username and profile with the program manager for the purpose of participating through Epicplays. By enrolling in a program on Epicplays, a consumer grants to us permission to share that consumer’s information with the program manager. The program manager is required to respect the privacy of the consumer. The program manager has a limited license to use this information only for Epicplays-related communications or for Epicplays-facilitated transactions. The program manager may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any Epicplays misuse or any consumer’s personal information. Remember that you need to comply with all relevant legal rules when you use Epicplays. This includes applicable data protection and privacy laws which govern the ways in which you can use another Epicplays user’s information.
Managing or Participating in a Program
These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents (the "Managing a Program Agreements") that a program manager and consumer may enter into in connection with a program, including any Program Agreements entered into through the Service. Consumers and program managers are each responsible to the other for complying with the terms of the Program Agreements, but Epicplays has no control over either party’s compliance. Among other things, Epicplays cannot control (a) the provisions of the Program Agreements, (b) the accuracy or legality of the Program Agreements or (c) any party’s execution of its obligations under the Program Agreements. Accordingly, Epicplays shall not be held responsible for any liability arising out of the Program Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EPICPLAYS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "EPICPLAYS PARTIES") FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE PROGRAM AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A CONSUMER OR PROGRAM MANAGER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Your managing or participating in a program is at your sole risk. Epicplays does not supervise programs and is not involved in any way with the actions of any individuals (whether consumers or program managers) at any program. As a result, we have no control over the identity or actions of the individuals who are present at these programs, and we request that our users exercise caution and good judgment when participating in programs such as league games, or tournaments. You acknowledge and agree that by participating in any program (whether as a consumer or program manager) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any program.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EPICPLAYS AND EACH OF THE OTHER EPICPLAYS PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A CONSUMER OR PROGRAM MANAGER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Membership Fees
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Epicplays collects all fees and pays out all program managers through third party providers. Each provider is its own company, and Epicplays isn’t responsible for its program.
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No refunds are offered for Premium Membership fees or any other fees collected by the Service.
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Fees for Premium Membership or any other portion of the Service may be changed at any time without prior notice.
Program Manager Payments
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Program managers may earn revenue by accepting program applications or offering additional services through Epicplays. To qualify for payments each month, Consumer Members must have enrolled in a program with the program manager in that month.
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Epicplays pays program managers on the 16th of the month. Payouts sent on the 16th of each month are for transactions that have occurred in the previous calendar month.
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Monthly payouts begin the month following the month in which a program was enrolled/accepted in by a consumer.
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Epicplays distributes at least 17% of its monthly revenue from bookings to Epicplays program managers on a monthly basis.
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Program managers have 30 days from the time at which a payment was or should have been made to report any discrepancies. After 30 days, you have waived your right to dispute any payment.
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Program managers and consumers agree that Epicplays’s sole responsibility is to process payments and pay out program managers in the proportions set forth above. Epicplays is not party to any transaction between any consumer and/or program manager and cannot be held responsible for any issues arising from any such transaction.
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Program managers are responsible for all income, sales, and other taxes associated with the fees they earn. Epicplays program managers will receive the appropriate tax forms, such as a 1099 or 1099k, from either Epicplays or one of its payment partners. Epicplays reserves the right to withhold any payment until it has received all tax identification information it requires to satisfy its obligations.
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Epicplays reserves the right to withhold or cancel payments to program managers if it deems, in its sole judgment and absolute discretion, that the program managers engaged in behavior that violated any part of this Agreement
Premium Referral Program
As a program manager on Epicplays, you may participate in our "Premium Referral Program" by referring potential consumers to the Service. Under the Premium Referral Program, you will receive an award of $10 for each new user that visits and downloads Epicplays through your unique referral link and pays for their first month as a premium user. Award payments are subject to forfeiture or clawback if the consumer disputes the credit card charge or otherwise violates the payment terms, or if the league manager is found to be in violation of our terms. You will receive this reward within 50 days of the consumer paying for their first month as a premium user.
In order to receive a Premium Referral Award, each of the following requirements must be met: (i) you must log in to your Epicplays account on the Service and locate your “Referral Link"; (ii) you must share the Referral Link generated by Epicplays with friends, family, and followers; (iii) a consumer who clicks your Referral Link must create a Epicplays account and make his/her first month premium user payment.
Cancellations and Refunds
Epicplays is not responsible or liable for any refunds for Premium Membership, programs, or other purchases on the Service.
Epicplays Premium Membership
You may participate in our "Epicplays Premium Membership" by subscribing to pay monthly or annual membership fees for unlimited access to all "Premium Membership Features." Premium Membership Features are offered as part of Premium Membership at Epicplays’ sole discretion.
Recurring Billing
The membership fee will be billed on the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Premium Membership or became a paying member on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed that date.
No Refunds
Payments are nonrefundable and there are no refund or credits for partially used periods. Following any cancellation, however, you will continue to have the benefits of your Epicplays Membership through the end of your current billing period.
Cancellations
You may cancel your Epicplays Premium Membership at any time for any or no reason. To cancel your recurring subscription, please visit your payment settings within your Epicplays account profile located at https://www.epicplays.co/settings/payments. If you have canceled your Epicplays Membership, you will lose access to all Premium features you enrolled into during your Epicplays Membership at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid.
Free Trials
From time to time, we or others on our behalf may offer trials of paid subscriptions for our Epicplays Premium Membership for a specified period without payment or at a reduced rate (a “Trial”). Epicplays reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some trials, we will require you to provide your payment details to start the Trial. At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial on a recurring monthly or annual basis. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription through your payment settings within your Epicplays account profile located at https://www.epicplays.co/settings/payments.
Price Changes
We reserve the right to adjust pricing for our service, or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
Sports Athlete Referral Program
You may participate in our "Sports Athlete Referral Program" by referring potential sports athletes to the Service. Under the Sports Athlete Referral Program, you will receive an award (a "Sports Athlete Referral Award") of 1 free month of Premium Membership for each Qualified Sports Athlete Referral (as hereinafter defined) redeemable only when you upgrade your Epicplays account to a Premium Membership.
In order to receive a Sports Athlete Referral Award, each of the following requirements must be met (any referral for which all such requirements are met hereinafter referred to as a "Qualified Sports Athlete Referral"): (i) you must log in to your Epicplays account on the Service and select the "Invite Athletes" link; (ii) you must share the link provided with friends via Facebook, Twitter or similar services, by copying and pasting the Unique Referral Link generated via the Service, by sending the Unique Referral Link in an email via the Services to your friends, or by using the other tools provided by Epicplays to share the Unique Referral Link with friends; and (iii) a friend who clicks the Unique Referral Link must create a Epicplays account and successfully pay for the first month of Premium Membership that is not refunded.
We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.
Referral Awards Generally
Satisfaction of a Qualified Referral (as hereinafter defined) and the Referral Award (as hereinafter defined) you receive will be reflected in your Epicplays account in a commercially reasonable amount of time after the Qualified Referral has been completed. The Referral Awards you accrue will be displayed in your Epicplays account referrals page. Referral Awards can be accrued solely by you and you may not earn Referral Awards by permitting another individual to use your Epicplays account. Referral Awards accrued in multiple Epicplays accounts may not be combined into one Epicplays account. You may not earn Referral Awards by creating multiple Epicplays accounts.
For purposes hereof, a "Qualified Referral" means a Qualified Fan Referral, and a "Referral Award" means a Sports Athlete Referral Award.
We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.
Epicplays Rights
Epicplays reserves these rights:
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We can make changes to the Epicplays Site and mobile app(s) and Services without notice or liability.
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We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Epicplays in that jurisdiction.
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We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
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We have the right to remove a program manager from the Partner Program at any time, without prior notice, at our sole discretion, should we identify that their account is associated with behavior that we deem to be in violation of our rules or guidelines.
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We have the right to reject, cancel, interrupt, remove, or suspend any program, comment, or other posted comment at any time and for any reason.
Epicplays is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
Reporting Violations
If you believe that a Member, Program, Event or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Epicplays. In addition, if you believe that a Member, Program, Event or Content has violated our Standards, you should report your concerns to Epicplays. If you reported an issue to local authorities, Epicplays may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
Copyright Notifications
If you believe that Content on the Epicplays Platform infringes copyrights, please notify us: support@Epicplays.co
Termination, Suspension and other Measures
Term
The agreement between you and Epicplays reflected by these Terms is effective when you access the Epicplays Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
Termination
You may terminate this agreement at any time by sending us an email or by deleting your account. Epicplays may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Epicplays may also terminate this agreement immediately and without notice and stop providing access to the Epicplays Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Epicplays, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
Member Violations
If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Epicplays believes it is reasonably necessary to protect Epicplays, its Members, or third parties; Epicplays may, with or without prior notice:
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suspend or limit your access to or use of the Epicplays Platform and/or your account;
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suspend or remove Programs, Events, Reviews, or other Content;
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cancel pending or confirmed gigs; or
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suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Epicplays determines in its sole discretion, you will be given notice of any intended measure by Epicplays and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a program is cancelled under this Section, the amount paid to the Program Manager will be reduced by the amount we refund or otherwise provide to the Consumer, and by any other costs we incur as a result of the cancellation.
Legal Mandates
Epicplays may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.
Effect of Termination
If you are a Program Manager and terminate your Epicplays account, any confirmed program enrollment(s) will be automatically canceled and your Consumers will receive a full refund. If you terminate your account as a Consumer, any confirmed enrollment(s) will be automatically canceled and any refund will depend upon the terms of the program’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Epicplays Platform has been limited, or your Epicplays account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Epicplays Platform through an account of another Member.
Survival
Parts of these Terms that by their nature survive termination, will survive termination of this agreement.
Disclaimer of Warranties
THE SPORTS PROGRAMS ENROLLED IN THROUGH THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE, PROGRAM AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE, PROGRAM AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, PROGRAM OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PROGRAM THAT YOU ENROLL IN VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, OR INACCURACIES. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) consumers and program managers. You acknowledge that all transactions relating to any programs or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PROGRAM, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through the Service or presented at any program represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Epicplays spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms of Service.
The Programs offered on Epicplays are offered directly by the program managers. Epicplays is not responsible or liable for any information on its Service listings or profiles. Epicplays is not responsible for any changes made to a program by the program manager.
You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Service is provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR ANY OTHER EPICPLAYS PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE, OR MOBILE APP REFERENCED OR LINKED TO FROM THE SERVICE.
FURTHER, NEITHER WE,NOR ANY OTHER EPICPLAYS PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY PROGRAM OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A CONSUMER AND LEAGUE MANAGER.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and the other Epicplays Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Miscellaneous
You agree that the Service shall be deemed a passive interactive service based solely in New York and shall not give rise to personal jurisdiction over Epicplays, either specific or general, in jurisdictions other than New York. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of New York, without regard to conflicts of law principles. You agree that any legal action or proceeding between Epicplays and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York.
Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
You and Epicplays agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Epicplays are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and Epicplays concerning the Service and the services provided by Epicplays. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Epicplays’ failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. Epicplays may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.
Most communication between Epicplays and you will be sent and received electronically. You agree that all electronic communication between Epicplays and you shall satisfy any legal requirements that such communications be in writing.
Any rights of Epicplays not expressly granted herein are reserved.
