Welcome, and thank you for visiting the Sportplay Foundation’s website. The Sportplay Foundation (“TSF”), located in Geneva, Switzerland, is happy to provide this website along with the services and information available in it as part of our mission to provide greater access to lifestyle compatible sports play to enhance personal health and quality of life. TSF drives reform by engaging in practice, policy and partnerships that provide quality health, lifestyle, education and enrichment opportunities.
The terms “TSF”, “Foundation”, “we”, and “our” are used in this site for purposes of convenience and are intended to refer to TSF.
This website is for the personal use of individual internet users, (“User” or “you”), and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Users are any and all visitors to the Company website.
Accuracy of Information
Although TSF makes reasonable efforts to ensure that the information provided through this website is current and accurate. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability. In addition, TSF permits third parties to provide testimonials and information. TSF also may, from time to time, post articles and other information provided by third parties that we believe might be of benefit or interest to our users. You acknowledge that the opinions and recommendations of third parties contained in this website are not necessarily those of the TSF or endorsed by TSF.
Intellectual Property on Website
This website (including without limitation, the information, content, or services provided on this website, and the design and layout of this website) is protected by copyright, trademark and other proprietary and intellectual property rights of TSF and third parties. Except as expressly permitted herein, no portion of this website, including trademarks, logos and service marks, may be reproduced, displayed, downloaded (including without limitation, any pictures or images), or used in any form, or by any means, without the prior written permission from TSF.
TSF names and logos, trade dress, and all related product and service names, design marks and slogans (specifically including “Sportplay Foundation”, “A Lifestyle Evolution”, “Players come First”, “First Go to Pro” and “Lean-Thru-Play”) are the trademarks or service marks of TSF (“TSF Marks”). While we understand that you may not intend to cause any harm by using our protected AAF Marks, your use of any of the TSF Marks may suggest a relationship or sponsorship of your organization that simply does not exist with TSF. Moreover, as trademark and service mark owners, we are obligated under federal and common law to police the use of our marks and must monitor such for unauthorized use; otherwise, we risk the abandonment of our marks as well as the inability to enforce our rights against other third parties. Accordingly, you may not use or reproduce any of the TSF Marks without our express, prior written consent.
TSF hereby grants to you a non-exclusive and non-transferable license to view and print information, documents and web pages located on this website for non-commercial or educational use within your organization only, subject to the terms and conditions set forth herein and in accordance with the following conditions:
a. The material may only be used for non-commercial purposes;
b. The copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original material;
c. The products, technology or processes described on this website may be the subject of other intellectual property rights reserved by TSF or by other third parties. No license is granted in respect of those intellectual property rights; and
Except as set forth above or otherwise expressly permitted herein, (i) the documents, information, content, pictures, images, HTML code, and web pages on this website may not be copied, reproduced, republished, retransmitted, sold, modified, used, or exploited in any other way, and (ii) nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark or copyright of TSF or of any third party.
You agree that any person to whom the content is provided directly or indirectly through you, will be advised of the terms of this Agreement, and that each such person is bound by these terms. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the contents of this website.
If you believe in good faith that any content appearing on this website infringes your copyright, you may send TSF a notice that the infringing content should be removed or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on our website are covered by a single notification, a representative list of such works);
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material;
The name, address, telephone number and email address (if available) of the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Also, be aware that there may be penalties for false claims.
Use of this Website
You agree to abide by all copyright and/or trademark notices and restrictions attached to the content and not to remove or alter any such notice or restriction or alter the content in any way.
Any information submitted or communicated to TSF through use of this website that does not include personal information or data about you is non-confidential and non-proprietary, and TSF may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. TSF is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion, with or without notice to you.
You hereby agree that you will hold indemnify, defend, and hold harmless TSF and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this website, including any information or material viewed or downloaded from this website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory.
Disclaimer of Liability
This Website contains general information and may contain errors, omissions and inaccuracies. TSF assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to this website. This website (including the content and information found on this website) should not be relied upon for any personal, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances. TSF may make modifications and/or changes to this website at any time without notice.
THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS BEING USED BY YOU STRICTLY AT YOUR SOLE RISK. TSF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (1) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (2) ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (3) OR THAT THIS WEBSITE, THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, TSF FURTHER DISCLAIMS AND DOES NOT REPRESENT OR WARRANT THE FOLLOWING: A) THAT TSF’S WEBSITE WILL OPERATE WITHOUT INTERRUPTION, ERRORS, DEFECTS, BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS APPEARING ON THIS WEBSITE WILL BE CORRECTED; B) LIABILITY OR RESPONSIBILITY FOR DAMAGE, THEFT, LOSS, INJURY OR CLAIM OF LIABILITY OF ANY KIND BASED ON OR RESULTING FROM ANY INFORMATION CONTAINED ON THIS WEBSITE OR AS A RESULT OF UNAUTHORIZED ACCESS TO, DAMAGE TO OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO OR FROM, SCRAPED FROM OR STORED ON THIS WEBSITE; AND C) LIABILITY OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM ANY INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE. TSF HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.
IN NO EVENT SHALL TSF, ITS AFFILIATES, VENDORS, SUPPLIERS OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THIS WEBSITE OR RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.
BY USING THIS WEBSITE, YOU AGREE TO INDEMNIFY, AND HOLD HARMLESS, TSF, ITS AFFILIATES, VENDORS, SUPPLIERS OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES AND EXPENSES, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH ANY SUIT OR ACTION BROUGHT AGAINST TSF, ITS AFFILIATES, VENDORS, SUPPLIERS OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS AS A RESULT OF YOUR USE OF THIS WEBSITE.
Some states do not allow certain exclusion of implied warranties, so the above exclusions with respect to implied warranties may not apply to you. Other states do not allow certain limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion of liability may not apply to you.
IN NO EVENT SHALL TSF’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH THIS WEBSITE AND ANY AND ALL INFORMATION, CONTENT AND SERVICES AVAILABLE VIA THIS WEBSITE, HOWEVER ARISING, EXCEED A MAXIMUM OF $10.00.
References and Links to Third Party Sites
This website may refer to, or provide hyperlinks to the webpage of, other individuals, companies, entities, organizations, products or services. These references and links (collectively, “Links”) are supplied to you merely as a convenience and the inclusion of any Link does not and shall not imply any approval, endorsement or recommendation by TSF of such individuals, companies, entities or organizations, products or services.
With respect to any pictures, information, writings, or other content provided by you in connection with the services provided on this website or otherwise uploaded onto any of our website’s servers or provided to TSF through our website or email (“Your Property”), you hereby grant to TSF and its affiliates, licensees and assigns, a non-exclusive, perpetual, royalty-free, irrevocable, fully paid-up right and license to use Your Property (including any copyright and moral rights therein) throughout the world for any purpose in connection with the mission of TSF, as set forth above. These purposes include, without limitation, the right and license to (a) record, film, tape, video-tape, photograph, broadcast (whether by the Internet, wire, satellite, laser, cable, or any other means whatsoever) and otherwise exploit the Your Property; (b) reproduce, print, publish and disseminate, in any medium whatsoever, your name, pictures, voice, likeness, interviews, and identity to the extent included in Your Property (collectively, “Likeness”) in connection with our use of Your Property; and (c) identify you as the source of the Likeness.
You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation of Your Property as contemplated above, or the exercise by TSF of the rights granted to TSF above.
Governing Law and Jurisdiction
Access to this website and any and all information, content and services available via this website is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside Switzerland, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and any other applicable law.