Last updated on November 10, 2022
Terms of Service
The following terms and conditions (“Terms of Service” or these “Terms”) are a legally binding agreement between you and Yoxxie, Inc, (“AnyClub”), and govern your use of and access to, the Any.Club website (the “Website”), you installing or downloading the AnyClub mobile application (the “App”), and your use of any of AnyClub’s services (referred to as “Services” including the Website and the App).
By clicking or tapping on the “I Accept” checkbox, downloading the App, or by getting to, perusing, or in any case utilizing the Website, you consent to be bound by these Terms and any of the guidelines or policies associated, including any future modifications to these Terms and that you, the user, have entered into these Terms with the full authority either personally or on behalf of a third party. The term “you” indicates the reference to an individual, club, team, or legal entity which identifies as the user when you registered for the Services. If you do not agree with these Terms and any subsequent changes, cease your access to the Services provided by AnyClub.
You may be required to register and create an account (“Account”) to access or use certain areas of a Services. By registering for the Services, you agree to:
- Provide AnyClub with a valid email address and other registration information. You are responsible for maintaining the confidentiality of your Account password and Account, and are fully responsible for any and all activities that occur under your Account.
- You agree to immediately notify AnyClub about any unauthorized use of your Account or any security breach and you must ensure that your exit or log out of your Account at the end of each session. You agree that AnyClub is not responsible or liable for any data loss or data theft from the failure to comply with this clause.
- You agree to supply current, accurate, true, and complete information required by the Services Account registration form. AnyClub has the right at any time to terminate your Account or refuse any Service if your information is deemed to be untrue, inaccurate, not current or incomplete.
- To access some of the Services, you must be at least 13 years of age and you may be required to verify your age. If you are under the age of 13 you must immediately discontinue the use of the Services.
The AnyClub Services provide a number of digital assets that allow you to view, access, and use via our online mobile App, the Website, and software platform (“Platform”) including without limitation to clubs, teams, leagues, or other legal entities or organizations whom are made up of club owners, team coaches, team managers, sports participants or players (“Player”), and other members of a Player household. Players are sports participants whom are over the age of 13 or the legal guardian or parent of a sports participant whom is under the age of 13.
The Services may be offered by AnyClub, or through one or more organizations, clubs, or teams who are offering a branded offering of the Services to their club or organization. Supplemental Terms could be in effect if agreed upon by the organization and AnyClub that alter these Terms. AnyClub is not responsible or liable for actions of Clubs, Organizations or Teams that AnyClub does not own.
Payment and Fees
AnyClub’s Services may be offered for a fee. The fees or pricing for all Services are posted on the Website and are subject to change at any time without notice unless otherwise agreed upon in writing. Under these Terms you agree to pay AnyClub in advance for access to Services. If you pay by credit card for AnyClub’s fees, AnyClub will bill your credit card for all applicable fees. You agree to provide AnyClub with accurate and complete billing information including your legal name, billing address, credit card or debit card number, and telephone number. If you provide fraudulent information, AnyClub can terminate the Services and your Account at any time. AnyClub is not responsible for any extra charges or expenses such as overdrawn accounts, credit limits being exceeded, etc. All charges are considered valid if AnyClub does not receive in writing a charge dispute within 30 days after the billing date. All fees will be paid in U.S. dollars and you will be responsible to pay any taxes, levies, or duties associated with the Service’s fees.
AnyClub Payments Service
AnyClub payment processing services are rendered by Stripe and are subject to the Stripe Connected Account Agreement and the Stripe Terms of Service. By utilizing the AnyClub Services or agreeing to the Stripe Terms of Service, you agree to adhere and are bound to the Stripe Services Agreement and understand that Stripe may modify the Stripe agreements at any time without notice. By enabling the use of AnyClub payment processing services via Stripe, you agree to provide accurate and complete information about your business and authorize AnyClub to share with Stripe this information and in addition to this information you authorize AnyClub to share transactional data related to your use of payment processing services rendered by Stripe with Stripe.
AnyClub Acceptable Use Policy
You are responsible for the content of your communications, use of AnyClub’s payment processing service, and the use of AnyClub Services, and they must:
- Be accurate where they state factual information;
- Be genuinely held there are opinions stated; and
- Comply with all applicable laws in all of your actions related to content posted and use of AnyClub Payment services
You are independently responsible for complying with all applicable laws in all of your actions related to your use of AnyClub’s Payment service, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
The following rules are a condition of use and access to the AnyClub Platform and Services.
Your use of the AnyClub Payments, Services, and Platform must not:
- be in violation of any law, ordinance, statute, or regulation.
- relate to sales of illegal substances such as narcotics, steroids, or other products that present a risk to consumer safety
- violate laws or industry regulations regarding the sale of tobacco products or prescription drugs and devices.
- involve any sort of gambling, gaming and/or any other activity that requires an entry fee and a prize reward
- interfere with another user’s ability to use the Services
- bully, threaten, harass, abuse, or invade the privacy of any other third party or user.
- post content that is not yours. You may not post, transmit, or upload content that is fraudulent or infringes on the rights of any third party without limitation of trademark, copyright, patent, or other proprietary rights.
- damage the integrity of AnyClub’s digital Platform including our servers. You may not attempt to disrupt AnyClub’s Services by attempting to upload, post, or distribute any form of a software virus or obtain unauthorized access to Platforms or Services with the intent of stealing data or other information from a third party.
- collect personal data or information from other users for commercial use.
- partake in the unauthorized advertising by junk email or any other form of unauthorized solicitation to other users of the Platform or Services.
- partake in any unlawful or criminal conduct while using AnyClub’s Platform or Services
We reserve the right to terminate Services or take appropriate legal actions at any time without warning once we become aware of any violations of provisions set forth by the AnyClub Acceptable Use Policy.
AnyClub owns all rights, title, and interests in which the Platform or Services generates including all content, software, materials developed, conceived, originated, prepared, generated or displayed to you via the AnyClub Plarform or Services. These rights, title, and interests also include but are not limited to all copyrights, trademarks, trade names, service marks, and all other intellectual property rights (“Intellectual Property Rights”) therein throughout the world. Notwithstanding anything to the contrary herein, you acknowledge and agree that rights in and to your Account are fully and forever owned by AnyClub for the benefit of AnyClub.
Subject upon the limitations below, AnyClub grants you a non-restrictive, restricted, freely revocable, non-assignable, and non-transferable license to use the AnyClub Services for your personal noncommercial use as permitted by the Platform or Services. AnyClub retains ownership of all Intellectual Property Rights aside for any rights specifically granted herein. Nothing in these Terms shall be deemed to convey to you any right, title, or interest, by implication, estoppel or otherwise, in or to our Platform and Services. Any unauthorized use of the Platform or Services will immediately terminate the license or permission granted by AnyClub.
Certain Services may allow you to post, upload and create content including images, videos, or other materials (“User Content”) from the AnyClub Platform. You represent that User Content you post does not violate these Terms, intellectual property rights of others, or any applicable law. You grant AnyClub and its licensees a worldwide, royalty-free, sub-licensable, non-exclusive, perpetual, irrevocable, right and license to use, reproduce, translate, publicly display, publicly perform, modify, sublicense, distribute, and otherwise use such User Content.
Aside from the rights specifically granted herein, AnyClub claims no intellectual property rights over the User Content you provide to the Platform or Services. You own your User Content. You acknowledge and agree that any comments, feedback to AnyClub support, questions, or other information relevant to the Platform or Services provided by you to AnyClub are non-confidential and grant AnyClub the unrestricted use of this information for any purpose, commercial or otherwise without compensation or acknowledgement to you.
AnyClub is not responsible for User Content nor does AnyClub endorse any opinion contained within User Content. You agree that you are solely responsible for your User Content which means you are liable, not AnyClub, for any claims, loss, or damages related to any User Content you post, upload, or otherwise transmit to the Platform or Service. You agree that your User Content may be seen by other users, administrators, or organizations and that other user’s User Content may contain offensive, indecent, or objectionable exposure.
By using any AnyClub Services or Platform, you confirm you have obtained consent of a child’s parent or guardian where User Content includes an image or video of any person under the age of 13 before uploading or submitting to the AnyClub Services or Platform.
The Children’s Online Privacy and Protection Act (“COPPA”) requires that digital service providers obtain clear and verifiable parental consent before collecting personal information from children under 13. AnyClub’s Services and Platform are not directed at children under the age of 13. As a user of AnyClub’s Servcies and Platform, you acknowledge that you will not request children under the age of 13 to submit information to the AnyClub Services or Platform directly.
You agree that the availability of the App is dependent on the third party from whom the App was downloaded from, e.g. Apple, Inc., Google, Inc., or any other third-party app store or platform (“Third-Party Platform Provider”). You agree that these terms are between you and AnyClub, not the Third-Party Platform Provider. AnyClub is solely responsible for the maintenance, warranty, and support services for the App, not the Third-Party Platform Provider. To access the App, you must access a wireless network and you agree to pay fees associated with such access. You also agree to pay any fees charged by the Third-Party Platform Provider associated to the App. You agree that your use of the App will be in compliance with all applicable Third-Party Platform Provider terms and policies. You also agree that the Third-Party Platform Provider and its subsidiaries are third-party beneficiaries of the Terms and will have the right to enforce the Terms.
THE ANYCLUB SERVICES AND PLARFORM ARE PROVIDED ON AN “AS-IS” and “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK, INCLUDING ALL DATA OR USER CONTENT PROVIDED THROUGH THE SERVICES THAT IS DOWNLOADED OR ACCESSED THROUGH THE SERVICES OR PLATFORM. ANYCLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AS TO THE SERVICES, DATA, INFORMATION, AND ALL CONTENT AVAILABLE THEREIN THE SERVICES AND PLATFORM. ANYCLUB DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE RELIABLE, ACCURATE, CURRENT OR FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR MEET YOUR REQUIREMENTS OR OPERATE WITH THE VERSION OF THE DEVICE OR OPERATING SOFTWARE YOU USE.
Limitation of Liability
To the extent not prohibited by law, in no event shall AnyClub, its users, subsidiaries and affiliates, directors, officers, employees, agents, successors, partners be liable for personal injury, or any incidental, special, indirect or consequential or punitive damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of inability to use the licensed App, Website, Service, or Platform, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if AnyClub has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidentals or consequential damages, so this limitation may not apply to you. In no event shall AnyClub’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above state remedy fails of its essential purpose.
Furthermore, AnyClub takes no responsibility for injuries, damages, or other consequences that occur from using User Content such as skill drill videos or any other directed User Content created by users or AnyClub. By participating in an athletic activity, competition, or tournament, you and users agree to hold harmless AnyClub, its users, subsidiaries and affiliates, directors, officers, employees, agents, successors, partners, and representatives from any claim or cause of action, including injuries arising from the athletic activity, competition, or tournament. This release includes eligibility related data, including but not limited to medical waivers, vaccination proof, and birth certificates which have been requested by a third-party organization, tournament director, or a governing body to determine eligibility.
You or AnyClub may suspend or terminate your Account or any part thereof or your use/access of a Services or Platform at any time, for any reason and without notice or warning. You are personally liable for any activity prior to such termination, including any fees that you owe to AnyClub. You agree that at any time AnyClub can remove or discard any User Content you created via the Platform or Services without any notice and for any reason.
You hereby agree to indemnify, defend and hold harmless AnyClub, its affiliates, and their respective board members, officers, agents and employees from any and all liabilities, damages, losses, expenses, demands, suits, or judgments, including all attorneys’ fees, costs, and expenses incidental thereto, from and against any and all claims, proceedings, actions, demands, or suits, as well as any and all liability or payment in connection with: (i) a breach of these Terms or any covenant, warranty or representation under these Terms, and (ii) use of the AnyClub Platform and Services and/or from any and all use from your Account, and (iii) any misrepresentation made by you in direct connection with the use of your account, and (vi) and material posted or provided by you, or any other user of your Account that infringes on intellectual property rights of any person or third-party or defames any person, and (v) any breach of any warranty, Terms, or representation, or other terms relating to your User Content or the AnyClub Platform or Services.
Jurisdiction and Choice of Law
By using any AnyClub Service or Platform, you agree to the exclusive jurisdiction of the state and federal courts sitting in Texas in any action on a claim or dispute of any sort arising out of, under or in connection with these Terms or the transactions contemplated by this Agreement. We further agree that personal jurisdiction over any claim or dispute will be submitted to the exclusive jurisdiction of the courts in the state of Texas. We each agree to waive a trial by jury or to participate in a class action, private attorney general action, collective action, or other representative proceeding of any sort.
Links and Third-Party Content
You agree that AnyClub does not have control to third party links to other sites or content that may be provided through the Services. When you leave the Services, AnyClub’s Terms no longer govern and you should review any terms and policies of any third-party sites.
Infringement Policy for Digital Millennium Copyright Act (DMCA)
AnyClub respects the intellectual property rights of others. Under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”), AnyClub reserves the right to terminate your Account and license to use the Services at any time if we demine in our sole discretion that you have infringed on intellectual property rights of other users or third-parties. If you believe that any User Content provided via the Services or Platform infringe on your intellectual property rights, please send notice to our agent below:
ATTN: DMCA Infringement Notice
Any infringement activity notice must include the following information:
- Your contact information including name, address, telephone number, and email address.
- Description of the infringing material and information that will allow AnyClub to locate the alleged material.
- A good faith statement that you believe the material in question is not authorized by the copyright owner, agent, or by the operation of any law.
- A statement that the information is accurate and, under the penalty of perjury, that you are authorized and have the authority to enforce the copyrights that are alleged to be infringed.