Terms of Service

Last updated: October 22, 2024

Please read these Terms of Service ("Terms") carefully before using the PassTime mobile application (the "Service") operated by PassTime ("PassTime", "we", "us", or "our").

Your ("you", "your", "the user") access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access the Service.

Overview of the Service

PassTime provides a communication platform designed to help users create, join, arrange, or schedule game sessions and pick-up games across various sports. The Service allows you to publicly or privately list your sporting sessions or activities based on your location. PassTime aims to connect users based on their sports preferences and skill levels, whether beginner, intermediate, or advanced.

Communications

By creating an account with us, you agree to receive newsletters, marketing or promotional materials, and other information we may send. You may opt out of receiving any or all of these communications by following the unsubscribe link or instructions provided in our emails.

User-Generated Content

Our Service allows users to post, link, store, share, and make available information, text, graphics, videos, or other materials ("Content"). You are responsible for the Content you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content, you represent and warrant that: (i) the Content is your original work or you have obtained the necessary rights to post it, and (ii) your posting does not violate any third-party rights. PassTime reserves the right to terminate the account of any user found violating copyright, defamation, or other applicable laws.

You retain ownership of any Content you submit, but by posting it, you grant us the right to use, modify, display, perform, and distribute your Content through the Service. This license allows other users to view and interact with your Content under these Terms.

PassTime reserves the right but is not obligated to monitor user-generated Content.

Account Registration

To use the Service, you must create an account and guarantee that you are above the age of 13. You must provide accurate, complete, and current information during registration. Inaccurate information may result in account suspension or termination.

You are responsible for maintaining the confidentiality of your account credentials. Any activity performed under your account is your responsibility. You must notify us immediately of any security breach or unauthorized use of your account.

Copyright Policy

We respect the intellectual property rights of others and respond to claims of copyright infringement. If you believe that your copyrighted work has been used unlawfully, please contact us at brandonkrause@passtimesports.com. See "DMCA Notice and Procedure for Copyright Infringement Claims" for details on filing a claim.

DMCA Notice and Procedure

To file a Digital Millennium Copyright Act (DMCA) claim, please submit a written notice that includes:

Send all claims to brandonkrause@passtimesports.com.

Intellectual Property

PassTime retains ownership of all original content, features, and functionality in the Service, except for user-generated Content. Our trademarks and trade dress may not be used without our written permission.

Third-Party Links

The Service may include links to third-party websites or services that are not controlled by PassTime. We do not assume responsibility for the content, privacy practices, or offerings of third-party websites. Any access to third-party sites is at your own risk.

Termination of Account

We reserve the right to terminate or suspend your account immediately, without notice, if we believe you have violated these Terms. You may terminate your account by discontinuing the use of the Service.

Upon termination, the provisions related to ownership, disclaimers, indemnification, and limitations of liability shall remain in effect.

Indemnification

You agree to indemnify and hold PassTime harmless from any claims, damages, or liabilities resulting from your use of the Service, breach of these Terms, or any unlawful conduct related to the Service.

Limitation of Liability

PassTime, its affiliates, employees, and partners are not liable for indirect, incidental, or consequential damages resulting from your use of the Service, including but not limited to lost profits, data, or goodwill.

Disclaimer of Warranties

The Service is provided "as is" and "as available." PassTime makes no warranties, expressed or implied, regarding the Service's performance or content. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.

Jurisdiction and Governing Law

These Terms are governed by the laws of the United States and the State of Nebraska. Any disputes related to these Terms shall be resolved under these governing laws.

Changes to Terms

PassTime reserves the right to modify these Terms at any time. Material changes will be notified at least 30 days before they become effective. Continued use of the Service after updates to the Terms implies your acceptance of the changes.

Contact Information

If you have any questions or concerns about these Terms, please contact us at support@passtimesports.com. Additionally, please report any violations of the Terms via email. Find us on Twitter and Instagram @PassTimeSports.