Updated September 15, 2022
When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian.You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.
In order to use the Services, you will be required to register for an account ("Account"). As the person who registered for the Account (the "Account Owner"), you are entitled to certain administrative permissions as set out in the Services. You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. You are solely responsible for any activities occurring under your Account. If you suspect any unauthorized use of your Account, you agree to notify us immediately. We reserve the right to discontinue offering the Services, including by terminating your Account, at any time pursuant to these Terms. You have no ownership right to your Account, and our liability if you are unable to access the Services, if any, is limited by these Terms.
Accounts come in two primary groups: 1) Organizational Accounts, and 2) Individual Accounts. Organizational Accounts can be linked to a certain number of Individual Accounts as set out in your access plan.
As the Account Owner of an Account opened on behalf of an organization (an "Organizational Account"), you may grant access to the Services to certain individuals ("Authorized Users"), subject to the limits of any plan for which you enroll. When registering for an Organizational Account, administering such Account, and when accessing or otherwise using the Services, you represent or warrant that the information you enter for your organization is correct. You further acknowledge and agree that the Organizational Account Owner is responsible for all activity conducted by all Authorized Users. Each Authorized User must have their own Login Information and use of a single individual Account by several end users shall be considered a material breach of this Agreement, and Powerplay reserves the right to terminate the Organizational Account for cause due to such breach.
As the Account Owner of an individual Account, you are responsible for your own actions. If you choose to add any users, you will become an Organizational Account for purposes of these Terms. If you have accepted an invitation to join the Services by your organization, and your Account becomes linked to such Organizational Account, you acknowledge that the administrators of the Organizational Account to which you are linked may have access to all activity/data logged or generated in your Account. You further acknowledge that you have no individual rights in your Account if you are linked below an Organizational Account, and that the Organizational Account's Account Owner may revoke your permission to access your Account or any Organizational Content as such Account Owner sees fit. Finally, you acknowledge that any and all Content you upload or otherwise supply to the Services shall become the property of your Organizational Account Owner immediately upon its acceptance by the Services, and you hereby assign all right, title, or interest in such Content to such Account Owner.
In the event you have a paid account, fees are non-refundable except as required by law or in our sole discretion. If we terminate your Account without cause, we may refund you the fees for the unused portion of your subscription. If you sign up for our annual or monthly prepaid plans, and cancel those plans later, you are not entitled to a refund for the unused portion of your subscription period. You agree to pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, you authorize us to charge such fees using your selected payment method.By default, customer accounts are set to auto-renew and we may automatically charge you for such renewal on or after the renewal date associated with your account unless you have cancelled the Service prior to its renewal date. We may revise fee rates for the Service from time to time and inform you before charging the revised amount. You are responsible for providing complete and accurate billing information to Powerplay. We may suspend or terminate your use of the Service if fees become past due. You are responsible for all taxes (excluding taxes on our net income), and we will charge tax if required to do so by law.
You are authorized to access the Site and our application for the sole purpose of viewing and using the Services on your computer or device. We authorize you to copy materials from the Services to your device's local or cloud storage solely for the purpose of viewing and using the Services. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content (defined below), including but not limited to, copyright laws.You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site, the Services, or any data thereon. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or its content without our prior written permission. Your failure to abide by these conditions will immediately terminate your right to access the Site or to use the Services and may give rise to legal action related to the protection of our intellectual property rights or the intellectual property rights of third parties.
Third Party Sites
The Site may contain links to third party applications or websites we do not operate, control, or maintain ("Third Party Sites"). We do not endorse any Third Party Sites, and we make no representation or warranty in any respect regarding the Third Party Websites. Any links to Third Party Sites on the Services are provided solely for your convenience. If you do access any Third Party Sites, you do so at your own risk and waive any and all claims against us regarding the Third Party Sites or our links thereto.
You agree that we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site Services and for other development, diagnostic and corrective purposes in connection with the Site and Services and other of our offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
The Powerplay Services belong in their entirety to us. We grant only that limited license herein to you. User Content (as defined below) belongs to you, and we take no ownership interest in it. The Powerplay name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated or used, in whole or in part, without prior written permission from us.
You agree not to use any part of the Services to take any action or actions that (including with respect to any User Content): (i) are patently offensive in any manner (as determined in our sole discretion), (ii) involve commercial activities without our prior written consent, such as contests or sweepstakes, (iii) are contrary to our public image, goodwill, or reputation, (iv) infringe on our or any third party's intellectual property rights, (v) violate any law or any third party's legal rights, or (vi) "frame" or "mirror" any part of the Site without our prior written consent.
User Content Generally
When you post content and information to the Site or in connection with the Services ("Content"), including photos or other information about the projects you are undertaking, you represent and warrant to us that (i) you own or have the necessary rights to use and share the Content, (ii) the posting of the Content does not violate any rights of any person or entity, and (iii) you have no agreement with or obligations to any third party that would prohibit your use of the Site or Services in the manner so used. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you to the Site or through the Services. You acknowledge and agree that we may, in our sole discretion, remove Content at any time and for any reason, or for no reason at all. If you are an Authorized User of an Organizational Account, you also acknowledge and agree that any Content uploaded to the Services shall immediately become the property of such Organizational Account, and you assign all right, title, and interest in such Content to the Organizational Account Owner upon posting the Content to the Services.
You agree not to include any personally-identifiable information about yourself or any other person in any User Content except as requested or required by Powerplay.
By posting or storing any Content in the Services, you give us and our affiliates a perpetual, nonexclusive, irrevocable, royalty-free, sublicensable and transferable worldwide license to all intellectual property rights you own or control to use, transmit, reproduce, commercialize, distribute, modify, create derivative works from, and otherwise exploit such Content for any and all purposes and without further notice to you, attribution, and without the requirement of any permission or payment to you or any other person or entity, except as otherwise expressly provided herein. You also authorize and appoint us as your attorney in fact and agent with full power to enter into and execute any document or undertake any action we may consider appropriate to use or enforce the grant of rights and waivers set forth in these Terms.
From time to time, you may be asked to provide feedback on the Services or the Platform, whether by a survey or by giving a written testimonial ("Feedback"). Feedback shall include any communications directed to us related to the Services, including without limitation suggestions for new features or functionality or comments, questions, or other suggestions. If you choose to give such Feedback, you agree that all such Feedback shall belong entirely to us, including any ideas, know-how, concepts, techniques, or other intellectual property rights contained in such Feedback, and you hereby assign all right, title, and interest in such Feedback to us. We shall be free to use any Feedback, with or without attribution (subject to our obligations to protect your privacy) or compensation to the provider.
Losses of Stored Content
Although it is our intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, for unscheduled downtime, for system and server failures, or due to failure of telecommunications links and/or equipment. Consequently, we encourage you to maintain your own backup of your Content. In other words, we are not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
We respect the intellectual property rights of others. If you believe that your work has been improperly copied and posted, please provide us with the following information: (i) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where on the Site the material that you claim is infringing is located; (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement. Send copyright infringement complaints to the following email address: email@example.com. We suggest that you consult your legal advisor before filing a notice with our copyright agent. There can be penalties for false claims.
You agree that the Services are available on an "as is" basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, © warranties relating to delays, interruptions, errors, or omissions in the Services or on the Site, (d) warranties relating to the accuracy or correctness of data on the Services, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions.We do not warrant that the Site or the Services will operate error-free or that they are free of computer viruses and/or other harmful materials. If your use of the Site or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs.Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Limitation of Liability
Any liability we have to you in connection with these Terms, under any cause of action or theory, is strictly limited to, in aggregate for all violations, $100. Without limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, these Terms. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages.You agree to indemnify and hold us harmless for any breach of security or any compromise of your Account.Some jurisdictions do not allow the exclusion or limitation of incidental or consequential; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys' fees (collectively, "Claims"), made by any third party due to or arising out of your use of the Services in violation of these Terms, any breach of the representations and warranties you make in these Terms, or your User Content. You agree to be solely responsible for defending any Claims against or suffered by us with counsel subject to our reasonable approval and further subject to our right to participate with counsel of our own choosing.
Electronic Signatures and Notices
Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature.If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.
These Terms are governed by Nebraska law, without giving effect to conflicts of law principles. You agree that, to the extent applicable and expressly subject to the dispute resolution provisions below, to submit to the exclusive jurisdiction of the state and federal courts located in Lancaster County, Nebraska in circumstances where these Terms permit litigation in court. We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses.