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TeamUnity Inc.
Agreement for End Users
This TeamUnity Agreement for End Users ("Agreement") is between you and TeamUnity
Inc. ("Company") and governs your use of Company's TeamUnity applications for web,
iOS, and Android ("Licensed Application").
Acknowledgement
This agreement is between you and Company only, and not Apple, Inc. ("Apple") or
Google, Inc. ("Google").
Company, not Apple or Google, is solely responsible for the Licensed Application and its
content. Although Apple and Google are not parties to this agreement, Apple and Google
have the right to enforce this agreement against you as a third party beneficiary relating
to your use of the Licensed Application.
Privacy Policy and Terms
By accessing or using the Licensed Application, Company website, or any additional
applications or services made available by Company (together, the "Service"), however
accessed or used, you agree to be bound by the terms of use set forth in this
Agreement and any additional terms set forth in the Company Privacy Policy and Terms
as published at www.jointeamunity.com or within the Licensed Application, including any
updated terms published by Company from time to time.
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Scope of License
The license granted to the end-user for the Licensed Application is limited to a non-
transferable license to use the Licensed Application: (i) via a website authorized by
Company, or (ii) on a mobile device operating on the iOS or Android operating systems
that the end-user owns or controls and as permitted by the terms set forth in the Apple
App Store and Google Play Store Terms of Service. Such license is subject to payment
of any applicable license fees or other amounts required for use of the Licensed
Application.
Maintenance and Support
Company is solely responsible for providing any maintenance and support services with
respect to the Licensed Application, only as specified in a separate written agreement, if
any, or as required under applicable law. Apple and Google have no obligation
whatsoever to furnish any maintenance and support services with respect to the Licensed
Application.
No Warranty
EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY EXPRESSLY DISCLAIMS
ANY WARRANTY FOR THE LICENSED APPLICATION. THE LICENSED APPLICATION
AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE LICENSED APPLICATION REMAINS WITH YOU.
Product Claims
To the extent you have any claim arising from or relating to your use of the Licensed
Application, Company, not Apple or Google, is responsible for addressing any such claims,
which may include, but are not limited to: (i) any product liability claim; (ii) any claim
that the Licensed Application fails to conform to any applicable legal or regulatory
requirement; and (iii) any claim arising under consumer protection or similar legislation.
Nothing in this Agreement shall be deemed an admission that you may have such claims.
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Intellectual Property Rights
Except as otherwise agreed in writing, Company shall not be obligated to indemnify or
defend you with respect to any third party claim arising out of or relating to the Licensed
Application. To the extent Company is required to provide indemnification by applicable law,
Company, not Apple or Google, shall be solely responsible for the investigation, defense,
settlement, and discharge of any claim that the Licensed Application or your use of it
infringes any third party intellectual property right.
U.S Legal Compliance
You represent, warrant, and agree that (i) you are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties; (iii) use of the application is subject to
compliance with all applicable laws and government requirements.
User Generated Content
You may not post violent, hateful, discriminatory, unlawful, infringing, nude, pornographic,
or sexually explicit photos or content via the Licensed Application.
Company reserves the right to modify or terminate your access to the Licensed Application
for any reason, without notice, at any time, and without liability to you for posting
objectionable content.
You understand that by using any portion of the Service, you may encounter content that
may be deemed offensive, indecent, or objectionable, which content may or may not be
identified as having explicit language, and that the results of any search or entering of a
particular URL may automatically and unintentionally generate links or references to
objectionable material. Nevertheless, you agree to use the Licensed Application at your
sole risk and that the Company shall not have any liability to you for content that may
be found to be offensive, indecent, or objectionable.
You may report content that violates this policy by contacting Company as described in
this Agreement or using features of the Licensed Application provided for such purpose.
You may block abusive users by using the features of the License Application.
Contact Information
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Should you have any questions, complaints, or claims relating to the Licensed Application,
please contact Company at www.jointeamunity.com.
Raffle User Agreement
This Service Agreement is made today by and between TeamUnity, Inc., a Delaware
Corporation, and the registered user( The Team). This Service Agreement concerns provision
of services by TeamUnity, Inc. during the following event(s) on the date(s) beyond.
(1) TeamUnity owns and operates a computerized application TeamABC (the App”). The
App supports amateur sports through fundraising, team management, and social interaction.
(2) The App supports in-game mobile contests conducted by charitable organizations and
teams. In addition, the App supports direct financial donations to those organizations and
teams by their supporters.
(3) The App generates a unique Quick Response Code (also known as a QR Code). In
advance of the event, the QR Code will be provided to the Team. That QR Code will lead
to an online platform where users may purchase a contest participation voucher or make a
donation.
(4) The Team will be solely responsible for creating, promoting, and conducting the contest.
The Team will be solely responsible for creating and following the contest rules. The Team
may erect signs, hand out flyers, hire in-game promoters, and take other steps to announce
the contest, to solicit participation, and to recognize publicly the winners. All such marketing
material should contain the QR Code.
(5) Once a user scans the QR Code with their smartphone, the user will be directed to an
online webpage where they can enter their personal information such as name, phone number,
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and email address. The user may then purchase a contest participation digital voucher using a
credit card.
(6) TeamUnity, Inc. will employ a third-party credit card transaction processor of its choice
to secure payment for all transactions made through the App. Team will be responsible for
providing bank account and paying all credit card transaction processing fees out of its portion
of the proceeds of the sales and donations through the App. Alternately, the Team may
secure credit card transaction processing and provide credentials to TeamUnity.
(7) TeamUnity, Inc. will be compensated in an amount equal to six percent (6%) of any
and all revenue generated through the use of the App. The Team will pay zero app
subscription fee for the 2023-2024 season.
(8) TeamUnity, Inc. will transfer funds net of its fees and third-party credit card processor
fees to the Team within thirty (30) days of the close of the contest. In the event that a
user disputes a transaction, an amount equal to the transaction amount will be withheld by
TeamUnity, Inc. pending a final determination concerning refund. If the Team elects to use its
own credit card processor, then the Team will transfer to TeamUnity its compensation under
paragraph (7) within thirty days of the close of the contest.
(9) TeamUnity, Inc. uses best efforts to identify the best terms with reliable, reputable third-
party credit card processors. At the current time, The App uses Stripe to process credit card
transactions. At this time, it is believed that Stripe charges a per-transaction fee of $0.30
plus 2.9% of the value of the credit card transaction. That arrangement is subject to change.
TeamUnity, Inc. accepts no responsibility for increases in transaction fees or expenses charged
by third-party credit card processors or for liability to third parties caused by wrongdoing or
errors committed by third-party credit card processors.
(10) The App will randomly select a number of participants in ordered fashion (e.g., first,
second, third, fourth, etc.) when and as requested by the Team.
(11) The App will automatically contact the users selected to notify them that they have been
selected as “winners”.
(12) The Team will be responsible for distributing any prizes that are to be awarded to the
“winners”.
(13) It is not the intent of the parties to conduct a lottery. Therefore, the Team agrees that
any prizes awarded to the “winners” shall not contain any part of the fees or revenues
generated by or in connection with the event. The Team further agrees that any prizes will
be of no or only nominal fair market value. Examples of acceptable prizes would include a
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team jersey or cap autographed by the student players, a pair of tickets to a future game,
the opportunity to be recognized on the court at halftime, etc.
(14) Limitation on Liability: The parties agree that any liability on the part of TeamUnity, Inc.
to the Team will be limited to the fee generated by and for TeamUnity, Inc. and that the
Team will indemnify and hold harmless TeamUnity, Inc. for any liability to third parties
including but not limited to end users of the TeamABC App.
(15) Controlling Law and Choice of Forum: State of Delaware law will apply to this Service
Agreement. The parties agree that the Courts of the State of Delaware shall have exclusive
jurisdiction over or concerning any dispute arising out of or relating to this Service Agreement.
(16) The Apple Inc. does not take part in any game raffle in this app nor sponsor them.
Privacy Policy
This Privacy Policy governs the privacy terms of our website, located at jointeamunity.com,
and the applications Company provides you (the “Website or the “Licensed Application”).
Your Privacy
Our Website and Licensed Application follow all legal requirements to protect your privacy. Our
Privacy Policy is a legal statement that explains how Company may collect information from
you, how Company may share your information, and how you can limit our sharing of your
information. You will see terms in our Privacy Policy that are capitalized. These terms have
meanings as described in the Definitions section below.
Definitions
Personal Data: Personal Data means data about a living individual who can be identified from
those data (or from those and other information either in our possession or likely to come
into our possession).
Usage Data: Usage Data is data collected automatically either generated by the use of the
Service or from the Service infrastructure itself (for example, the duration of a page visit).
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Cookies: Cookies are small pieces of data stored on a User’s device.
Data Controller: Data Controller means a natural or legal person who (either alone or jointly
or in common with other persons) determines the purposes for which and the manner in
which any personal data are, or are to be, processed. For the purpose of this Privacy Policy,
Company is a Data Controller of your data.
Data Processors (or Service Providers): Data Processor (or Service Provider) means any
natural or legal person who processes the data on behalf of the Data Controller. Company
may use the services of various Service Providers in order to process your data more
effectively.
Data Subject: Data Subject is any living individual who is the subject of Personal Data.
User: The User is the individual using our Service. The User corresponds to the Data Subject,
who is the subject of Personal Data.
Information Collection and Use
Company collects several different types of information for various purposes to provide and
improve our Service to you.
Types of Data Collected
Personal Data
While using our Licensed Application, Company may ask you to provide us with certain
personally identifiable information that can be used to contact or identify you (“Personal
Data”). Personally identifiable information may include, but is not limited to: Email address,
Name, Address, State, Province, ZIP/Postal code, City, Cookies and Usage Data.
Company may use your Personal Data to contact you with newsletters, marketing or
promotional materials and other information that may be of interest to you. You may opt out
of receiving any, or all, of these communications from us by following the unsubscribe link or
instructions provided in any email Company sends.
Usage Data
Company may also collect information how the Licensed Application is accessed and used
(“Usage Data”). This Usage Data may include information such as your computer’s Internet
Protocol address (e.g. IP address), browser type, browser version, the pages of our
Licensed Application that you visit, the time and date of your visit, the time spent on those
pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
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Company use cookies and similar tracking technologies to track the activity on our Licensed
Application and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier.
Cookies are sent to your browser from a website and stored on your device. Tracking
technologies also used are beacons, tags, and scripts to collect and track information and to
improve and analyze our Licensed Application.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being
sent. However, if you do not accept cookies, you may not be able to use some portions of
our Licensed Application.
Examples of Cookies Company uses: session cookies (Company uses these cookies to
operate our Licensed Application) and preference cookies (Company uses these cookies to
remember your preferences and various settings).
Use of Data
Company uses the collected data for various purposes:
To provide and maintain our Licensed Application
To notify you about changes to our Licensed Application
To allow you to participate in interactive features of our Licensed Application when you
choose to do so
To provide customer support
To gather analysis or valuable information so that Company can improve our Licensed
Application
To monitor the usage of our Licensed Application
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods,
services and events which Company offers that are similar to those that you have
already purchased or enquired about unless you have opted not to receive such
information
Retention of Data
Company will retain your Personal Data only for as long as is necessary for the purposes set
out in this Privacy Policy. Company will retain and use your Personal Data to the extent
necessary to comply with our legal obligations (for example, if Company are required to retain
your data to comply with applicable laws), resolve disputes, and enforce our legal agreements
and policies.
Company will also retain Usage Data for internal analysis purposes. Usage Data is generally
retained for a shorter period of time, except when this data is used to strengthen the security
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or to improve the functionality of our Licensed Application, or Company are legally obligated to
retain this data for longer time periods.
Transfer Of Data
Your information, including Personal Data, may be transferred to and maintained on
computers located outside of your state, province, country or other governmental jurisdiction
where the data protection laws may differ than those from your jurisdiction.
Company will take all steps reasonably necessary to ensure that your data is treated securely
and in accordance with this Privacy Policy and no transfer of your Personal Data will take
place to an organization or a country unless there are adequate controls in place including the
security of your data and other personal information.
Your consent to this Privacy Policy followed by your submission of such information represents
your agreement to that transfer.
Disclosure Of Data
Business Transaction. If Company is involved in a merger, acquisition or asset sale, your
Personal Data may be transferred. Company will provide notice before your Personal Data is
transferred and becomes subject to a different Privacy Policy.
Disclosure for Law Enforcement. Under certain circumstances, Company may be required to
disclose your Personal Data if required to do so by law or in response to valid requests by
public authorities (e.g. a court or a government agency).
Security Of Data
The security of your data is important to us, but remember that no method of transmission
over the Internet, or method of electronic storage is 100% secure. While Company strives to
use commercially acceptable means to protect your Personal Data, Company cannot guarantee
its absolute security.
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), Company legal basis for collecting and
using the personal information described in this Privacy Policy depends on the Personal Data
Company collects and the specific context in which Company collect it.
Company may process your Personal Data because:
You have given us permission to do so
The processing is in our legitimate interests and it’s not overridden by your rights
For payment processing purposes
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To comply with the law
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data
protection rights. Company aims to take reasonable steps to allow you to correct, amend,
delete, or limit the use of your Personal Data. If you wish to be informed what Personal
Data Company hold about you and if you want it to be removed from our systems, please
contact us. In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information Company has on you.
The right of rectification. You have the right to have your information rectified if that
information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal
Data.
The right of restriction. You have the right to request that Company restricts the
processing of your personal information.
The right to data portability. You have the right to be provided with a copy of your
Personal Data in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at
any time where Company relied on your consent to process your personal information.
Please note that Company may ask you to verify your identity before responding to such
requests. You have the right to complain to a Data Protection Authority about our collection
and use of your Personal Data. For more information, please contact your local data
protection authority in the European Economic Area (EEA).
“Do Not Sell My Personal Information” Notice for California consumers under California
Consumer Privacy Act (CCPA)
Under the CCPA, California consumers have the right to:
Request that a business that collects a consumer’s personal data disclose the
categories and specific pieces of personal data that a business has collected about
consumers.
Request that a business delete any personal data about the consumer that a business
has collected.
Request that a business that sells a consumer’s personal data, not sell the
consumer’s personal data.
If you make a request, Company has 30 days to respond to you. If you would like to
exercise any of these rights, please contact us.
Service Providers
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Company may employ third party companies and individuals to facilitate our Licensed
Application (“Service Providers”), to provide the Licensed Application on our behalf, to
perform Licensed Application-related services or to assist us in analyzing how our Licensed
Application is used.
These third parties have access to your Personal Data only to perform these tasks on our
behalf and are obligated not to disclose or use it for any other purpose.
Analytics
Company may use third-party Service Providers to monitor and analyze the use of our
Licensed Application.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website
traffic. Google uses the data collected to track and monitor the use of our Licensed
Application. This data is shared with other Google services. Google may use the collected
data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Licensed Application available to Google
Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the
Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with
Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy &
Terms web page: http://www.google.com/intl/en/policies/privacy/
Payments
Company provides paid products and/or services within the Licensed Application and use
third-party services for payment processing (e.g. payment processors).
Company will not store or collect your payment card details. That information is provided
directly to our third-party payment processors whose use of your personal information is
governed by their Privacy Policy. These payment processors adhere to the standards set by
PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of
brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help
ensure the secure handling of payment information.
The payment processors Company works with are:
PayPal. Their Privacy Policy can be viewed at
https://www.paypal.com/webapps/mpp/ua/privacy-full
Stripe. Their Privacy Policy can be viewed at http://www.stripe.com/privacy/
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Links To Other Sites
Our Licensed Application may contain links to other sites that are not operated by us. If you
click on a third party link, you will be directed to that third party’s site. Company strongly
advises you to review the Privacy Policy of every site you visit.
Company have no control over and assume no responsibility for the content, privacy policies
or practices of any third party sites or services.
Children’s Privacy
Company does not knowingly collect personally identifiable information from anyone under the
age of 18. If you are a parent or guardian and you are aware that your Children has
provided us with Personal Data, please contact us. If Company becomes aware that Company
has collected Personal Data from children without verification of parental consent, Company
takes steps to remove that information from our servers.
Changes To This Privacy Policy
Company may update our Privacy Policy from time to time. Company will notify you of any
changes by posting the new Privacy Policy on this page.
Company will let you know via email and/or a prominent notice on our Licensed Application,
prior to the change becoming effective and update the “effective date” at the top of this
Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this
Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact the Website or Licensed
Application.
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