Terms & Conditions

Updated as of May 7, 2020

Welcome!

These Terms of Use govern your access to and use of the www.gotgamecamp.com website (the “Site”) and the services, products and networks found at or related to the Site (referred to collectively as the “Services”). The terms “Got Game”, “we,” “us”, or “our” shall refer to Got Game Sports, LLC and its subsidiaries, affiliates, sister and parent companies. By using the Site, you signify that you have read, understand and agree to be bound by these Terms of Use and you are consenting to have your personal data transferred to and processed in the United States. The terms “you,” “your” or “User” shall refer to any individual or entity who accepts the terms and conditions of this Agreement by using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the services or functions offered in or by the Site and/or the contents of the Site in any way. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States. We may change or modify these Terms of Use at any time and such changes or modifications will take effect immediately upon posting to the Site. We will indicate at the top of this page the date these Terms of Use were last revised. Your continued use of the Services or the Site after any change or modification constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future versions of the Terms of Use, do not use or access (or continue to use or access) the Services or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Eligibility

The Site is available only to Users who can form legally binding contracts under applicable law. The Site and the materials located on or through the Site are provided for informational purposes only. You agree and acknowledge that we make no representation or warranty as to the accuracy of any information on the Site or linked to the Site. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services or the Site, you represent and warrant that you are 18 years of age or older and that you are fully able to enter into and to abide by all of the terms and conditions of these Terms of Use. Your membership may be terminated and any profiles or applications you have created may be deleted if we believe you are less than 18 years of age.

Linked Content

We have no control over, and we assume no responsibility for, the content, privacy policies, or practices of any third party sites or any third party content displayed within the Site, or to which the Site is linked. A search using the Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Site. By using the Site and Services, you expressly release us from any and all liability arising from search results or your use of any third party sites or third party content. Our terms and policies do not govern any third party sites, and we encourage you to review the applicable terms and policies of any third party sites.

Personal Use Only

The Site and Services are made available for your personal, non-commercial use only. You may not use the Site to sell products or services, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not take the results from a search and reformat and display them, or mirror the Site’s home page or results pages on your website. You may not “meta-search” the Site. If you want to make commercial use of the Services, you must enter into a written agreement with us to do so in advance.

Privacy Policy

Click Here to review the Got Game Privacy Policy which is incorporated herein by reference. This privacy policy details our policies regarding the collection and use of the information we collect through your use of the Services. Please read it carefully.

User Conduct; General Practices

You agree not to use the Services or the Site: in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; to use automated scripts to collect information from or otherwise interact with the Services or the Site; upload, post, transmit, share, store or otherwise make available any content on the Site without our express prior written consent; to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) pursuant to Section 219 of the Immigration and Nationality Act. You acknowledge, consent and agree that we may access, preserve and disclose your account information and user content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to your requests for customer service; or (d) protect our rights, property or personal safety and those of our users and the public. You understand that the technical processing and transmission of the Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge that we may establish general practices and limits concerning use of the Services. You agree that we have no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Services. You further acknowledge that we reserve the right to modify these general practices and limits from time to time. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Intellectual Property

All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, video and other files, and their selection and arrangement together with the trademarks, service marks and logos contained therein (the “Site Content”), is owned by or licensed to us, with all rights reserved and subject to and protected by copyright and other intellectual property rights under law. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. You are granted a limited, revocable, nontransferable license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content (excluding any software code) to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. This license is subject to these Terms of Use, revocable at any time without notice or cause, and does not include use of any data mining, robots or similar data gathering or extraction methods. You may not otherwise copy, reproduce, republish, upload, post, transmit, distribute the Site or Site Content or otherwise use any Site Content or user content displayed herein on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any use of the Site, the Site Content or the user content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the rights and licenses granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights. Gotgamecamp.com and other Got Game Sports® graphics, logos, designs, page headers, button icons, scripts and service names, and those of our subsidiaries and affiliated companies, are our trademarks or trade dress in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. We respect the intellectual property rights of third parties.

No Representations or Warranties

WE ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS). WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WITH REGARD TO THE SITE OR THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF THE SITE OR THE SERVICES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF COVER, OR LOST DATA THAT ARISE IN WHOLE OR IN PART FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF UNLESS WE MAKE MATERIAL CHANGES TO OUR PERSONAL INFORMATION COLLECTION AND/OR USE PRACTICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND SERVICES.

Indemnification

You agree to defend and indemnify Gotgamecamp.com, Got Game, its affiliates, subsidiaries, sister and parent companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (a) your breach of these Terms of Use; (b) your violation of any law or the rights of a third party; or (c) your use of the Site or the Services.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services (“Submissions”), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Arbitration and Class/Collective Action Waiver

These Terms of Use are governed by and construed in accordance with the internal law of the State of California without regard to its principles of conflicts of laws. Any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the County of Los Angeles in the State of California, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action. Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to these Terms of Use, any of Got Game’s policies, or the Program, in each case, whether in contract, tort, common or statutory law, equity or otherwise (collectively, a “Dispute”) shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Los Angeles County, California, unless you and Got Game agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Got Game from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights. YOU AND GOT GAME EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF GOT GAME AND ALL PARTIES TO ANY SUCH PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

General

These Terms of Use constitute the entire agreement between you and Got Game and govern your use of the Service, and they supersede any prior agreements between you and Got Game, provided, however, that these Terms shall be read in conjunction with the “Program Terms and Conditions” and “Privacy Policy,” as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Service. Got Game may terminate this agreement and deny you access to the Service at any time, immediately and without notice, if in Got Game’s sole discretion you fail to comply with any provision of these Terms of Use. You agree that no joint venture, partnership, employment or agency relationship exists between Got Game and you as a result of these Terms of Use or your use of the Service. Any claim or cause of action you may have with respect to Got Game or the Service must be commenced within one (1) year after the claim or cause of action arose or be forever barred. The failure of Got Game to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable. You may not assign these Terms of Use nor any of your rights or obligations under these Terms Of Use without Got Game’s express prior written consent. These Terms of Use inure to the benefit of Got Game’s successors, assigns, affiliates and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. All notice required or permitted under these Terms of Use shall be made in writing by mail or by email to:

General Contact

Got Game Sports LLC
Attn: Privacy
PO Box 360553
Los Angeles, California 90036
customerservice@gotgamecamp.com

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