Effective December 21, 2014.
PlaySight provides advanced systems for training, debriefing, officiating and performance analysis for different fields of sports and such systems are installed as PlaySightTM Smart Courts in sports centers, academies and clubs ("Smart Courts"). The Services are provided by PlaySight to the Users as follows:
Smart Courts - on court application including interactive console and cameras.
Website - all data generated from the User account settings and Smart Courts, uploaded to the Website and stored through the cloud.
Software – all software applications applicable to the Smart Courts, Website, mobile applications and cloud storage.
Physical Activity Notice
You understand and agree that by using the Services, your athletic activities may have inherent, implicit and expressed risks of bodily injury. You understand and agree that PlaySight will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the Services. Please consider the risks involved and consult with your medical professional before engaging in any physical activity. PlaySight shall not be responsible or liable for any injuries, damages or any performance reduction you may sustain as a result from your use of, or inability to use, the Smart Courts and/or any of the Services.
To use all the Services, you must create a PlaySight account either by direct sign up at the kiosk or via the Website or by usage of another sign up feature made available by PlaySight via the Services. Any signup is subject to you providing the true, accurate and complete personal information ("User Data") as prompted by the relevant sign up features. You undertake to keep your User Data accurate and current and update your User Data when relevant. The Services allow for the delivery and share of software, text, graphics, images, video, audio, data, statistics, actual performance and any other content (collectively "Content"), all subject to the User privacy account settings. While playing on a Smart Court, you are aware that the Content of the players (including groups) playing on this Smart Court is automatically uploaded to the personal User account of each player (or each member of the group) at the Website according to his/her log in data, or to the assigned personal coach listed in the account settings.
You may use your personal Content only for your own non-commercial use. While using your PlaySight account you are responsible for any actions that take place while using your PlaySight account. Keep your username and password secured and do not allow anyone else to use them to access the Website or Smart Courts. PlaySight is not responsible for any loss of Content that results from unauthorized use of your username and password, with or without your knowledge. PlaySight do not monitor User Content prior to posting on the Website. PlaySight do not undertake any obligation or liability relating to any User Content or other activities of Users using the Services, including any sharing of User Content by the Users. PlaySight reserves all rights to edit, remove, or refuse to post any User Content under PlaySight's sole discretion.
The Services are provided "AS IS" without any express or implied warranties of any kind. PlaySight disclaims all warranties to the fullest extent permitted by law, whether expressed or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement. PlaySight cannot guarantee that the use of the Services will be timely, uninterrupted, secure or error-free, that any defects, errors or malfunctions will be corrected and that the Services, the Smart Courts, the Website or the servers that make the Services available are free of viruses or anything else harmful. To the fullest extent permitted by law, PlaySight undertakes no warranties or representations as to the use of the Services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise.
Limitation of Liability
To the fullest extent permitted by law, PlaySight, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors ("Released Parties") shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, including any User Content, even if PlaySight has been advised of the possibility of such said damages. In the event that PlaySight is found to be liable for any damage or loss which is in any way connected with your use of the Services or any Content, PlaySight's liability shall not exceed the subscription fees paid by the User for the Use of the Services. You expressly agree and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Services.
By operating the Smart Court the Users assume responsibility that all persons on the Smart Court (including groups, other Users, non-Users or any other person) are notified that, they are being recorded (including video and audio) and they gave their consent for such recordation. PlaySight in any event shall not be responsible for persons being recorded without their consent on a Smart Court or otherwise. PlaySight may also provide live streaming services to clubs, and each club shall be responsible to inform its members (or any other person) and to obtain their consent to be recorded and to stream the live video on the internet. PlaySight shall assume no responsibility whatsoever for any persons who were recorded by the Smart Court or by any other device and their video was streamed without their consent and/or without being informed by the club. PlaySight may also present top personal records on PlaySight's leader boards at clubs and on-line, unless the User chooses in his/her profile that PlaySight shall not disclose such information.
You are solely responsible for your interactions with other Users, whether online or in person. PlaySight assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services, persons you meet through the Services, or persons who find you after Content was posted on the Website. You agree to take reasonable precautions in all interactions with other Users and conduct any necessary investigation before meeting another person.
Intellectual Property Rights
All intellectual property rights of PlaySight featured or displayed via the Services, on the Website and the mobile app, are the sole property of PlaySight, its subsidiaries or its licensors and are protected under all applicable copyright, trademark, or any other patent laws. Such intellectual property rights include but are not limited to: logos, trademarks, service marks, trade names, design, structure, code, algorithms, scripts, text, graphics, photos, images, videos, audio, sound, illustrations, interfaces, applications, interactive features and all other Software data ("Intellectual Property"). The license to use the Smart Court, Software or any of the Services is limited to personal use, non-exclusive, non-transferrable and for non-commercial use only. PlaySight does not transfer any title to the Intellectual Property to any User. You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, lease, grant any security interest in or any right to the Smart Courts, Website, Services, Software, Content, mobile app or any parts thereof.
Subscription and Payments
PlaySight provides free and premium Services on the Website for a subscription cost ("Subscription"). Your Subscription (whether monthly or yearly) is subject to a Subscription fee as provided in the Website and it will continue until you terminate it. All fees are paid in advance in accordance with the Subscription of your choice.
All payments will be made by a valid credit card, or any other customary method of payment determined by PlaySight. PlaySight may appoint any subcontractor, partner, club, or any other affiliate, which shall comply with the applicable provisions of the Terms, to collect any payment on behalf of PlaySight. Payments for the Subscription will be made via a third party.
You hereby authorize PlaySight to charge your credit card or any other method of payment for such amounts on a regular monthly or yearly basis, in accordance with PlaySight applicable fees as posted on the Website, starting from the beginning of your Subscription and continuing until the date your account is terminated.
If we are, for any reason, unable to effect automatic payment via your credit card, we will attempt to notify you via email and your Subscription will be disabled until payment is received. Amounts paid for the Services, including prepayments, are not refundable. PlaySight reserves the right to change the method of payment under its discretion and upon notice on the Website. You are responsible to review, from time to time, PlaySight's fee schedule and be aware of the fees charged and any applicable discounts. The fee schedule is subject to change at any time under PlaySight's sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the fee schedule.
You may terminate your account with Playsight at any time by canceling your Subscription through the Website. You are responsible for terminating your account and PlaySight is not responsible for your failure to properly terminate your Subscription nor for any credit card charges and fees you may incur as a result of your failure to properly terminate your Services. Once you have made your termination and received a confirmation, no further charges will be made on your account. PlaySight may, at any time, terminate or disable your account, with or without notice, and/or put your account on inactive status, in the event there is a violation to these Terms.
Upon cancelation of your Subscription, PlaySight shall not save any Content, which was accumulated during the Subscription period, and your account shall be deleted together with all the Content accumulated in it.
The use of the Services shall not construe any joint venture, partnership, employment or agency relationship exists between you and PlaySight.
These Terms are governed by the laws of the state of Israel. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Failure by PlaySight to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against PlaySight unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.