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Get ready for Photo Day
- Coaches & Parents
- Club Executives
7-11-2019
GAMEDAY Trading Card Maker User Agreement
GAMEDAY Trading Card Maker User Agreement Last Updated: 1 March 2019
1. Welcome Welcome to GAMEDAY Trading Card Maker!
GAMEDAY Trading Card Maker (hereinafter referred to as “this Product”) is a photography product developed, operated and managed by MostValuablePlayer.ca. (hereinafter referred to as “GAMEDAY”, “we”, “us” or “our”).
The GAMEDAY Trading Card Maker User Agreement (hereinafter referred to as “this Agreement”) is an agreement entered into by and between you and GAMEDAY on your registration, login and use (hereinafter referred to as “Use”) of this Product and the relevant services.
In order to better provide you with products and services, we remind you to carefully read and fully understand this Agreement (especially the terms concerning exemption or limitation of liabilities, the terms concerning right licensing and information use, the terms concerning consent to enabling and use of special individual services, and the terms concerning governing laws and dispute resolution) before you start your Use of this Product.
In particular, important contents such as the terms concerning exemption or limitation of liabilities are in bold to arouse your special attention. This Agreement shall constitute a legally binding agreement between you and GAMEDAY on this Product and your Use of this Product. Do not use this Product unless you have read and accepted the terms of this Agreement. If you do not agree to this Agreement, we will not be able to serve you normally. Once you use this Product, you are deemed to have read and agreed to be bound by this Agreement and other agreements and rules in connection with this Agreement (including but not limited to “GAMEDAY Trading Card Maker Privacy Policy”).
This Product is not provided for minors under 16 years of age (or the minimum age required by the laws of the EU member states). Such persons’ claiming to accept the terms of this Agreement shall be null and void. If you are a minor meeting the above conditions, you shall, accompanied by your guardian, read the terms and conditions of this Agreement and use this Product with the approval of your guardian.
2. About GAMEDAY Trading Card Maker
GAMEDAY Trading Card Maker is a full-featured camera product launched by MostValuablePlayer.ca. It features a full-featured, fast-acting camera. At the same time, GAMEDAY Trading Card Maker is also a sports community platform, providing users with a platform for content publishing and content browsing. GAMEDAY Trading Card Maker offers the following features:
1.Camera function: Provide users with fast, high-quality camera function, help users better record sports activities.
2.Editing function: Provide users with functions such as customized trading card making.
3.Deck function: Help users browse trading cards, manage photos and association affiliation, customize trading cards.
4.Sports association logo function: Allows users to upload association logos for their own use, or association executives to upload their logo for association membership use.
5.Trading Card Community Function: Users can browse trading cards shared by users all over the world, and users can also share their trading cards and texts with others by uploading their trading cards to the trading card community and downloading trading cards from the trading card community.
6.Associaiton logo function: Provides users with personalized logo watermarking services, including geographic watermarks and system time watermarks.
7.Account function: The user can log in the product account through a third party account. With account login, users can publish their trading cards at the GAMEDAY trading card community and also use the like function of the trading card community. 8.Integration function: The logged-in user can obtain the corresponding points by completing the integration task. The points can be used to purchase value-added services within the application.
9.Pre-activation service: In order to strictly comply with the laws and policies of the relevant countries or regions, we provide a pre-activation service to determine the country or region where the user is located. Users can also manually select the country or region where they are located. We will record the user’s choices on the server. In order to provide free and high quality app services, we shall publish advertisements during your usage of our products.
3. Third-party Products and Services
3.1. When using this Product, you may access third-party products or services in the following ways:
1.Embedded Links: Both the search suggestion feature and the webpage translation feature provide users with the corresponding services by embedding the links to the services provided by the corresponding third parties;
2.Jump Links: Both the search feature and the webpage access feature provide users with search and browsing services by jumping links;
3.Embed Third Party Services: In order to support product-related features, we need to embed third-party services to this Product. These third-party services include services for group information statistics and anti-cheating, services for recommendation of personalized advertisements, and services for linked accounts, etc.
4.Using The System Interface: Some functions in the product need to use the system interface to provide services for users. For example, the web browsing function needs to use the API provided by the Android system and the API provided by Android WebView.
3.2. You know and understand that third parties operating these services may require you to provide personal data. GAMEDAY will provide these agreements and rules in a conspicuous manner for your review and consent when you plan to use the aforesaid one-way services. Once you start using the aforesaid services, you are deemed to have understood and agreed to be bound by the relevant agreements and rules related to the individual services. GAMEDAY specially reminds you to make sure to carefully read user agreements, privacy policies and other related documents of such third parties, provide personal data according to your needs, and properly protect your personal data. If you have any disputes or suffer any losses from use of third-party products or services, you shall settle the disputes or losses with the third parties by yourself, and GAMEDAY will not bear any legal responsibility for the aforesaid disputes or losses.
4. Software Licensing and Use
4.1. Scope of Licensing of this Product GAMEDAY grants you a worldwide non-transferable, revocable and non-exclusive license (hereinafter referred to as “this License”) for non-commercial use of this Product. The sole purpose of this License is to enable you to use this Product in the manner permitted by this Agreement. You agree to use this Product only for personal and non-commercial purposes permitted by this Agreement and any applicable laws, regulations or accepted practices and guidelines of the relevant jurisdiction. All the other rights not granted herein shall be retained by GAMEDAY and you shall obtain our written permission prior to the exercise of these rights. GAMEDAY’s not exercising any of the aforesaid rights shall not constitute a waiver of that right.
4.2. Obtaining, Installation, Updating and Uninstallation of this Product You can obtain this Product from GAMEDAY’s official website (the domain name is MostValuablePlayer.ca), by pre-installation, by downloading from third parties authorized by GAMEDAY, or by other means. If you obtain this Product or an installation program having the same name as this Product from a third party not authorized by GAMEDAY, GAMEDAY will not guarantee the normal use of product from such unauthorized source, and the losses you suffer therefrom shall have nothing to do with GAMEDAY. We have developed different application software versions for different terminal devices, and you need to obtain, download and install the appropriate version based on the actual device conditions. To better enhance user experiences and services, we will irregularly provide updated versions of this Product (including but not limited to software upgrades, replacements and new feature developments), you may update the corresponding version by yourself as needed. After partial or whole updating of this Product, we will remind you in an appropriate manner (including but not limited to system prompts, announcements and in-website messages) and you have the right to choose to accept the updated version; and if you choose not to update, some features of this Product may be limited or cannot be normally used. If you no longer use this Product, you can uninstall the application software for this Product by yourself. Given that we cannot unilaterally become aware of your uninstallation, your personal data may continue to be stored on our server after you uninstall the software. If you would like us not to retain your personal data after you uninstall this Product, we suggest that you send us a request to delete your personal data before uninstalling this Product. We will respond to your request in accordance with the procedures disclosed in the GAMEDAY Trading Card Maker Privacy Policy and GAMEDAY Trading Card Maker Account Privacy Policy.
5. User Instructions
5.1. Authenticity of Users’ Personal Information You can use some features of this Product without registering an account. If you want to fully experience the features of this Product, you need to register an account. You confirm and ensure that all the information (including but not limited to third-party accounts, mobile phone numbers, contact addresses and e-mail addresses) submitted in registration is true, accurate, lawful, complete, valid and is your own information. If the registered data are changed after account registration, you shall update the registered information in time. If the information you submit is inaccurate, untrue or unlawful, or we have reasonable grounds to suspect that the information is false, untrue or unlawful, we shall have the right to refuse to provide you with the relevant features, and you may be unable to use this Product or some features may be limited during your Use.
5.2. Account and Password Use Rules Your account shall be used only by you. Without GAMEDAY ’s written consent, you shall not gift, lend, lease, transfer, sell your account or otherwise permit others to use your account in any way. If GAMEDAY finds or has reasonable grounds to believe that the user is not the initial registrant of an account, GAMEDAY shall have the right to suspend or terminate the services to the registered account and cancel the account without notifying the initial registrant. You should attach great importance to the confidentiality of your account and password, and in no case shall you disclose your account or password to others. You shall bear full legal responsibilities for the activities undertaken in the name of your account, including but not limited to any legal liabilities which may arise from any data modification, speech publication, payments, etc. If you find unauthorized use of your account, please immediately notify GAMEDAY. If you lose control over your account or forget your account password, you can request recovery of your account or password by submitting a timely complaint through GAMEDAY’s complaint channels. You understand and acknowledge that GAMEDAY’s password recovery mechanism just verifies the consistency of the data on the complaint form with the data recorded in the system, but cannot identify whether a complainant is from the initial registrant of the account. GAMEDAY specially reminds you to properly keep your account and password. You should log off your account in a secure manner when you finish your Use. If your account or password is stolen or lost for your improper keeping, your other faults or Force Majeure, you shall bear the corresponding consequences by yourself.
5.3. Rules on Use of this Product You shall be responsible for your Use of this Product, you shall use this Product within the scope of this Agreement, and you shall not use this Product to engage in the following activities:
1.copy, change, reverse engineer, disassemble, decompile or dismount this Product, attempt to export the source codes of this Product, decode this Product, or otherwise analyze or copy the source codes or conceptions of this Product;
2.interfere, destroy, modify or exert other effects on the normal operation of this Product by using any plug-ins, add-ons, systems or third-party tools without GAMEDAY’s authorization or permission;
3.carry out any activities endangering the computer network security by using or targeting at this Product, including but not limited to: use of unauthorized data or access to unauthorized servers/accounts; unauthorized access to the public computer network or other computer systems, and deletion of, modification of or addition to the stored information; unauthorized attempts to detect, scan or test the vulnerabilities of the system or network of this Product, or other acts that disrupt network security; attempts to interfere or destroy the normal operation of the system or network of this Product, intentional spreading of malicious programs or viruses, and other acts that disrupt the normal network information services; falsification of names or partial names of TCP/IP packets;
4.use this Product to infringe upon others’ legitimate rights and interests such as intellectual property rights, portraiture rights, privacy and reputation; or
5.engage in other violations of policies and regulations, public order or good custom, or infringe upon the legitimate rights and interests of other individuals, companies, social groups and organizations.
5.4. Liabilities for Breach If you breach this Agreement or other service terms, GAMEDAY shall have the right to independently make judgments and terminate your Use or your account without any prior notice. For suspected violations of laws and regulations or suspected offenses, GAMEDAY will keep the relevant records, report the suspected violations or offenses to the relevant authorities and cooperate with the relevant authorities in investigation in accordance with the law, and shall have the right to hold you legally responsible.
6. User Generated Content
6.1 As a GAMEDAY Trading Card Maker account holder you may publisher Content on the trading card community during your Use.
6.2 You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication for purpose of Use of users pursuant to this Agreement.
6.3 You further agree that your Content 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 or you are otherwise legally entitled to post the material and to grant GAMEDAY all of the license rights granted herein.
6.4 We do not endorse any Content submitted to the GAMEDAY trading card community by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content. We do not permit copyright infringing activities and infringement of intellectual property rights during Use of any user of this Product. We will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. We reserve the right to remove Content without prior notice.
6.5 During your Use, you may not issue any Content, which includes:
6.5.1 Sexually explicit content. We don’t allow materials that contain or promote sexually explicit content, such as pornography. In general
6.5.2 Hate speech We don’t allow materials that promote bullying, violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization
6.5.3 Violence
We don’t allow content that depict or facilitate gratuitous violence or other dangerous activities. Here are some examples of common violations: • Graphic depictions or descriptions of realistic violence or violent threats to any person or animal. • Content that promote self harm, suicide, eating disorders, choking games or other acts where serious injury or death may result.
6.5.4 Bullying and harassment
We don’t allow materials that contain or facilitate threats, harassment, or bullying.
6.5.5 Issue the content, services, and ads that facilitate for gambling
6.5.6 Modify the Content that changes the context of what is depicted.
6.5.7 Use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
6.5.8 Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
6.5.9 Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
6.6 Limited License Regarding Content you publish on the GAMEDAY trading card community during your Use, you understand and agree to grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute such Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You also hereby grant each user of this Product a non-exclusive license to access Content you published on the picture community, and to user, reproduce, distribute, display and perform such Content as permitted through the features of this Product and under this Agreement. The above license granted by you regarding such Content terminate within a commercially reasonable time after you remove or delete your Content from the picture community. You understand, however, that GAMEDAY may retain, but not display, distribute, or perform, server copies of your Contents that have been removed or deleted. You understand that we will not pay you for any use of your Contents and that your Contents will be made available to the public for their use without providing you attribution or compensation.
6.7 License to Photos
As you may browse and download Content that has been uploaded during users’ Use of this Product, we remind you, however, that you must download and use Content in accordance with relevant provisions in the Agreement. We encourage you to familiarize yourself with such provisions, as well as the accompanying FAQs. Note that pursuant to this Agreement you do not have the right to use:
• Trademarks, logos, or brands that appear in Content;
• People’s images if they are recognizable in Content;
• Works of art or authorship that appear in Content.
If you download Content with any of these depicted in them, you may need the permission of the trademark owner or individual depending on how you use the Content. If you aren’t sure, you should probably talk to a lawyer who knows about these things.
7. Termination of Your Account
7.1 We do not undertake an obligation to monitor Content published via your account. If we become aware and determine in our sole discretion that any Content thereof (a) violates any applicable law or (b) violates this Agreement, your permission to use the Service will terminate automatically.
7.2 We have the right to refuse or limit your Use and remove any and all Content and information you may have provided at any time (with or without notice) without liability to you.
7.3 If this Agreement or your Use is terminated for any reason, GAMEDAY may retain or delete any information, such as all data in your account or data stored in our servers as a result of your Use. If you breach any of these Terms, your permission to use the Service will terminate automatically.
8. User Privacy Protection
GAMEDAY is committed to respecting and protecting your privacy. You can read the GAMEDAY Trading Card Maker Privacy Policy to learn how we handle your personal data, and the channels provided for you to access and control your personal data.
9. Statement of Rights
9.1 GAMEDAY shall have the legal rights with respect to the information that is contained in this Product and protected by intellectual property rights or other laws and regulations, including but not limited to ownership, intellectual property rights (no matter whether such rights have been recorded/registered and no matter whether they exist anywhere in the world) and other relevant interests. Without GAMEDAY ’s written permission, nobody shall use (including but not limited to monitoring, copying, spreading, displaying, mirroring, uploading or downloading through any robots, spiders and other programs or devices), copy this Product or use this Product for other purposes.
9.2 GAMEDAY provides technical support for product development and operation, and shall have all the legally permitted rights to all the data and information generated in development, operation or other stages of this Product.
9.3 When using this Product, you shall in no way cause any damage to the proprietary rights of GAMEDAY and/or its licensors, for example, you shall not use trademarks, names or logos in such a way as to confuse the owners or the authorized users of any persons’ trademarks, names or logos.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GAMEDAY, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH SERVICES RELATED TO THIS PRODUCT AND YOUR USE THEREOF. GAMEDAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. GAMEDAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GAMEDAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liabilities
11.1 GAMEDAY does not warrant authenticity, accuracy or integrity of any third-party contents, advertisements, publicity materials and any other information (hereinafter collectively referred to as “Third-party Information”) that you have obtained from this Product. If any entity or individual carries out any activities by using the aforesaid “Third-party Information”, you must identify the authenticity and cautiously prevent risks by yourself.
11.2 IN NO EVENT SHALL GAMEDAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GAMEDAY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
This Product and services associated controlled and offered by GAMEDAY from its facilities in Canada. GAMEDAY makes no representations that this Product and associated services are appropriate or available for use in other locations. Those who access or use this Product and associated from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GAMEDAY, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your Use of and access to this Product and associated services;
(ii) your violation of any term of this Agreement;
(iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that your Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
13. Governing Laws and Dispute Settlement
13.1 This Agreement is signed in Ottawa, Canada.
13.2 Conclusion, effectiveness, interpretation, performance, dispute settlement and other matters of or under this Agreement shall be governed by the laws of Canada, without regard to the principle of conflict of laws.
13.3 All disputes arising from or in connection with this Agreement shall be submitted to Canada International Arbitration Center for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon both parties, and the seat of the arbitration shall be Canada.
14. Miscellaneous Terms
14.1 The GAMEDAY Trading Card Maker Privacy Policy shall be an integral part of this Agreement and GAMEDAY shall have the right to amend the terms of this Agreement and/or the relevant terms when necessary. When GAMEDAY changes the terms of this Agreement, it will notify you of the changes or additions by e-mail, by letters or in this Product, and you are urged to agree to or reject the amendments to this Agreement, or you can access the latest version of the terms of this Agreement at http://www.mostvaluableplayer.ca/gameday-privacy-policy.
14.2 If you continue to use this service after the terms of this Agreement are changed, you shall be deemed to have accepted the amended Agreement. If you do not agree to the changes or additions, you have the right to terminate this Agreement and discontinue the use of this Product.
14.3 If some terms of this Agreement are invalid or unenforceable for whatever reason, the remaining provisions shall still be valid and legally binding on you and GAMEDAY.
14.4 If you have any comments or suggestions on any provision of this Agreement, please contact us at any time. E-mail address is [email protected]