Terms of Service
Last Updated: November 11, 2014
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, TURFS OWNERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, TURF OWNERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE RENTING OUT THE TURF OR FACILITY. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT.
Terms of Service
If you are using the Site, Application or Services and you reside in the USA, you are contracting with Turfmapp, Inc. with respect to use of the Turfmapp Site, Application or Services, with respect to any payments or payouts from or to you conducted through the Site, Application or Services. (Turfmapp, Inc., are each hereinafter referred to as "Turfmapp", "we", "us", or "our").
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH TURF OWNERS (DEFINED BELOW) MAY CREATE TIME SLOTS (DEFINED BELOW) FOR BOOKINGS (DEFINED BELOW) AND PLAYERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK TURFS DIRECTLY WITH THE TURF ADMINS OR OWNERS. YOU UNDERSTAND AND AGREE THAT TURFMAPP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TURF OWNERS AND PLAYERS, NOR IS TURFMAPP A REAL ESTATE BROKER, AGENT OR INSURER. TURFMAPP HAS NO CONTROL OVER THE CONDUCT OF TURF ADMIN, TURF OWNERS, PLAYERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY TURFS AND FACILITIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"Collective Content" means Member Content and Turfmapp Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Turf" means any type of soccer field or a facility that holds any type of soccer field for hosting Players for pick-up soccer purposes, not limited to astro turf. Turf may be referred to as a listing.
"Player" means a Member who requests from a Turf Admin a schedule, an available time slot or any information relating to an individual Turf or soccer facility via the Site, Application or Services, or a Member who plays at a Turf or soccer facility and is not the Turf Admin for such Turf.
"Turf Admin" means a Member who creates a Turf Profile, updates schedules which includes, but not limited to entering time slot availability via the Site, Application and Services.
"Turf Owner" means a Member who privately owns a Turf or a soccer facility and is the beneficiary of the fees charged by turf rental for pick-up games or other activities. All Turf Owners may be referred as Turf Admin, however, not all Turf Admins are Turf Owners.
"Available Time Slot" means a time frame that is defined by Turf Admin that is available for pick-up game RSVP or booking by an individual or organization via the Site, Application, and Services.
"RSVP" means an activity such that a Player occupy an available time slot for the purpose of one’s own individual leisure for pick-up game.
"Book" means an activity such that a Member includes, but not limited to Player, occupy an available time slot for purpose of an event pick-up game limited to organization (i.e. a youth club team or pick-up with a group of friends).
"Member" means a person who completes Turfmapp’s account registration process, including but not limited to Turf Admins and Players, as described under “Account Registration” below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Turfmapp reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Application or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 13 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the RSVP or booking of all types of soccer fields and facilities with soccer fields ("Turfs"). Such Turfs are included in the Site, Application and Services by Turf Admins, which includes but not limited to Turf Owners. You may view turfs in your area as an unregistered visitor to the Site, Application and Services; however, if you wish to view, RSVP or book a time slot for pick-up game or create a schedule provided that you are the potential Turf Admin, you must first register to create a Turfmapp Account (defined below).
As stated above, Turfmapp makes available an online platform with related technology for Players and Turf Admins to share information online and show turfs’ availability for pick-up games to Players’ likings. Turfmapp is not an owner or operator of the Turfs and facilities, nor is it a provider of Turfs and facilities, and Turfmapp does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Turfs and facilities. Unless explicitly specified otherwise in the Turfmapp platform, Turfmapp’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Turf Admin for the purpose of accepting payments from Players on behalf of the Turf Admin or Turf Owners.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PLAYERS AND TURF ADMINS CONNECTING WITH EACH OTHER THROUGH USERS’ CONTENTS INCLUDING BUT NOT LIMITED TO TURF SCHEDULES, TURF AVAILABILITY OR TURF PAGES. TURFMAPP CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY TURF PAGES INCLUDING SCHEDULES AND AVAILABILITY, AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY CONTENT. TURFMAPP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL TURF PAGES INCLUDING SCHEDULES AND AVAILABILITY. ACCORDINGLY, ANY RSVP’S OR BOOKINGS WILL BE MADE AT THE PLAYER’S OWN RISK.
In order to access certain features of the Site and Application, and to RSVP, to book an available Turf or create a Turf Page which includes updating schedule and availability, you must create an account ("Turfmapp Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.'
You will have to join by logging into your account with Facebook, a third-party social networking site ("SNS": a "Third-Party Account"), via our Site or Application, as described below. You will link your Turfmapp account by (i) allowing Turfmapp to access your Facebook account, as permitted under the applicable terms and conditions that govern your use of Facebook. You represent that you are entitled to disclose your Third-Party Account login information to Turfmapp and/or grant Turfmapp access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Turfmapp to pay any fees or making Turfmapp subject to any usage limitations imposed by such third-party service providers. By granting Turfmapp access to your Third-Party Account, you understand that Turfmapp will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Turfmapp Account and Turfmapp Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the subject to the privacy settings that you have set in such Facebook account, personally identifiable information that you post to your Facebook will be available on and through your Turfmapp Account on the Site, Services and Application. Please note that if the Third-Party Account or associated service becomes unavailable or Turfmapp’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH FACEBOOK, THE THIRD-PARTY SERVICE PROVIDER, ASSOCIATED WITH YOUR FACEBOOK ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDER. Turfmapp makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Turfmapp is not responsible for any SNS Content.
We will create your Turfmapp Account and your Turfmapp Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Turfmapp Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Turfmapp reserves the right to suspend or terminate your Turfmapp Account and your access to the Site, Application and Services if you create more than one (1) Turfmapp Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Turfmapp Account, whether or not you have authorized such activities or actions. You will immediately notify Turfmapp of any unauthorized use of your Turfmapp Account. You may contact Turfmapp at email@example.com
In consideration for the use of Turfmapp’s online platform, Turfmapp charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Turf’s Pick-Up Game Fees. Turfmapp deducts Pick-Up Game Fees from the Player before remitting the balance to the Turf as described in these Terms. Player Fees are, as noted above, included in the Total Fees.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Damage to Turf and Facilities
Turfmapp are not responsible for damaged turfs or facilities done by Players who RSVP’d through Site, Application and Services.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;'
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to Turf booking;
- "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Turfmapp Player or Turf Admin;
- offer, as a Turf Admin, any time slot that you do not yourself own or have permission to (without limiting the foregoing, you will not update time slot or availability as a Turf Admin if you are serving in the capacity of an agent for a third party);
- offer, as a Turf Admin, any time slot that may not be filled (booked or rented) to the terms and conditions of an agreement with a third party;
- register for more than one Turfmapp Account or register for a Turfmapp Account on behalf of an individual other than yourself;
- unless Turfmapp explicitly permits otherwise, RSVP or book any Turf if you will not actually be playing at the Turf yourself;
- contact a Turf Admin or Turf Owners for any purpose other than asking a question related to RSVP or booking such Turf Admin’s time slot;
- contact a Player for any purpose other than asking a question related to RSVP or booking or such Player’s use of the Site, Application and Services;
- recruit or otherwise solicit any Turf Admin or other Member to join third-party services or websites that are competitive to Turfmapp, without Turfmapp’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Turf or Player and then complete RSVP or booking activity of a Turf independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Turfmapp’s provision of the Services or for any other reasons;
- as a Turf Admin, submit any time slot with false or misleading price information, or submit any time slot with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Turfmapp’s name, any Turfmapp trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Turfmapp’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, Turfmapp’s computer systems, or the technical delivery systems of Turfmapp’s providers;
- attempt to probe, scan, or test the vulnerability of any Turfmapp system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Turfmapp or any of Turfmapp’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Turfmapp has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Turfmapp may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Turfmapp or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (see http://www.turfmapp.com/terms), (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Turfmapp, its users, or memebrs of the public . You acknowledge that Turfmapp has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Turfmapp reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Turfmapp, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Turfmapp and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Turfmapp Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Turfmapp grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Turfmapp Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Turfmapp or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Turfmapp a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Turfmapp does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Turfmapp the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Turfmapp’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Turfmapp is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Turfmapp of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Turfmapp used herein are trademarks or registered trademarks of Turfmapp. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Turfmapp respects copyright law and expects its users to do the same. It is Turfmapp’s policy to terminate in appropriate circumstances the Turfmapp Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and Turfmapp Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Turfmapp Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Turfmapp Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Turfmapp Account, your Member Content, or receive assistance from Turfmapp Customer Service, (b) any pending or accepted future RSVP’s as either Turf Admins or Players will be immediately terminated, (c) we may communicate to Players (your customers) or Turf Admins (including Turf Owners, if different) that a potential or confirmed RSVP has been cancelled, (d) we may refund your Players (your customers) in full for any and all confirmed RSVP’s, irrespective of preexisting cancellation policies, (e) you will not be entitled to any compensation for RSVP’s or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Turfmapp Account. You may cancel your Turfmapp Account at any time by sending an email to firstname.lastname@example.org. Please note that if your Turfmapp Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TURFMAPP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, PLAYERS, TURF ADMINS AND TURF OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TURFMAPP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TURFMAPP MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE RSVP’S, BOOKINGS, OR POSTING OF TURF AVAILABILITY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TURFMAPP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY TURFS, FACILITIES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TURFMAPP OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TURF ADMINS, TURF OWNERS OR PLAYERS. YOU UNDERSTAND THAT TURFMAPP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY TURFS. TURFMAPP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, PLAYERS, TURF ADMINS OR TURF OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TURFMAPP. NOTWITHSTANDING TURFMAPP’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE TURF ADMINS OR TURF OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM PLAYERS ON BEHALF OF THE TURF ADMINS OR TURF OWNERS, TURFMAPP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PLAYERS OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR TURF, BOOKING OR RSVP’S OF ANY TURFS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TURFMAPP WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TURFMAPP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR TURF POSTING, BOOKINGS OR RSVP’S OF ANY TURFS & FACILITIES VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TURFMAPP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold Turfmapp and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) RSVP of an Accommodation, or (iii) creation of Turf availability; (d) the use, condition or RSVP & rental of a Turf by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, RSVP or use of a Turf.
If you Play with or serve (hosting of Turf) anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Turfmapp by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Turfmapp and you regarding the Site, Application, Services, Collective Content, and any activities made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Turfmapp and you regarding the activities (which included RSVP’s, bookings, postings Turf availability, the Site, Application, Services and Collective Content).
You may not assign or transfer these Terms, by operation of law or otherwise, without Turfmapp’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Turfmapp may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Turfmpp (i) via email (in each case to the address that you provide during signup) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Illinois and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Cook County, Chicago, Illinois or a United States District Court, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Turfmapp agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Turfmapp are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Turfmapp otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
We are committed to supporting our soccer community.
If you have an expertise in security or you are a researcher, and you believe that you have discovered a security-related issue in our Turfmapp’s system, we appreciate your help in disclosing the issue(s) to us responsibly. We ask the security research community to give us an opportunity to correct a vulnerability before publicly disclosing it. Please email us at firstname.lastname@example.org with a detailed description of the issue and the steps you believe may be required to reproduce what you have observed. Please make a good faith effort to protect our users’ privacy and data. We are committed to addressing security issues responsibly and in a timely manner.
*** For Turf Owners: When you list through Turfmapp, your property will not be covered for any loss or damage due to theft or vandalism caused by Turfmapp Player. Turfmapp, however, will work to the best of our ability to improve the recreational soccer community to prevent such issues mentioned above.
*** For Players: When you play through Turfmapp, you will not be covered for any injury or death due to accidents from turf conditions or conditions surrounding the area of the turf; due to accidents from impact during game play; or any act of violence during the game and after the game.
The failure of Turfmapp to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Turfmapp. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
The final sentence in the Suspension, Termination and Turfmapp Account Cancellation clause shall be removed and replaced with the following:
"Please note that if your Turfmapp Account is cancelled, we do not have an obligation to return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback."
If you have any questions about these Terms, please contact Turfmapp at email@example.com.