2. LICENSED USES. Playmaker Systems supports the use of the Site and the analytical tools within it to enhance and enrich academic discourse and analysis and for its commercial use in government and industry. The terms of this Section set forth parameters against which Users may use the Playmaker Content.
(a) Non-Commercial License for Use of Playmaker Content. In order to achieve the goals outlined in the first paragraph of Section 3 of expanding the use of and building upon the Playmaker Content, Playmaker Systems allows Users to make use of certain Playmaker Content for non-commercial purposes pursuant to the CCL (as defined in Section 13 below). The components of the Playmaker Content that are subject to the CCL are as follows: (i) The Standard Table of Influence and the content embedded therein, including associated systems and their supporting graphics and iconography; (ii) Standard Factors of Influence; (iii) Standard Cycles of Influence, (iv) Glossary of Terms, and (v) Playcaller Pro Guidance™ (collectively, the “Licensed Content”). In all cases, application of the Licensed Content must be used in accordance with the CCL and must include proper source attribution and acknowledgement. At minimum, all reproduction, display, performance of or publication of the Licensed Content must contain the following notice: ”Copyright © 2005-2013 Playmaker Systems, LLC. Reproduction or distribution without the permission of Playmaker Systems is prohibited. All Rights Reserved. All indicated trademarks are owned by Playmaker Systems. U.S. Patent No. 8,245,157. European Patents Pending.” For avoidance of doubt, the Licensed Content does not include (A) the book “The Elements of Influence,” by Playmaker Systems CEO Alan Kelly, which is available for purchase via the Site, (B) Playcaller, or (C) other decision-making and strategy analytics tools designed or owned by Playmaker Systems.
(b) Commercial License for Use of Playmaker Content. If a User wishes to reuse or resell the Licensed Content or the Playmaker Content for any form of for-profit or government use or commercial publication or distribution in any medium, the User must contact Playmaker Systems at email@example.com to enter into a separate, commercial license agreement. Any terms of the commercial use of Licensed Content, including applicable license fees and other financial terms, may be set forth, at the sole discretion of Playmaker Systems, in a separate commercial use license agreement.
4. USE OF THE SITE AND THE PLAYMAKER CONTENT
(a) Contributed Content to Playmaker Systems. Playmaker Systems encourages you and other end users to use, experiment with and provide Playmaker Systems with feedback on the Playmaker Content. We envision the Site as a forum for users to discuss and exchange ideas relating to the Playmaker Content. By submitting content to any areas of the Site, you agree that (i) the content that you submit is content that you own or are licensed to submit to the Site pursuant to these terms; and (ii) such material is provided to Playmaker Systems on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we may reproduce, modify, archive, publish, display and otherwise distribute such material as we see fit in any medium now known or hereafter developed and for any purpose. As such, you agree that we may distribute, share or otherwise provide such material to any user(s) of the Site, without the requirement of providing you any form of compensation. You also agree that we may identify you as the author of any of your submissions by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any submissions that come to our attention that we consider unacceptable or inappropriate. Without limiting the foregoing, you agree that all submissions that you make to the Site and/or any derivative works, value added applications or other enhancements to the Licensed Content that you create will be made available to Playmaker Systems and the public pursuant to the CCL.
(b) Linking. You may provide links to the Site, provided that (i) such links do not connect to websites that engage in unlawful activities, (ii) you discontinue providing links to the Site immediately upon request by us; and (iii) you do not state or imply that Playmaker Systems sponsors or endorses the website(s) to which your links connect. The Site may contain links that will let you access other websites that are not owned by and not under the control of Playmaker Systems. The links are only provided as a convenience, and, unless specifically stated otherwise, Playmaker Systems is not affiliated with and does not specifically endorse any of these third party sites. Playmaker Systems assumes no responsibility or liability for any material that may be accessed on other websites reached via links on the Site, and Playmaker Systems does not make any representation regarding the quality of any product or service contained at any third party sites.
(c) Framing. Except as expressly provided by the CCL (or any commercial use license agreement you enter with Playmaker Systems), you may not frame the Site or any of the Playmaker Content or take any steps to obscure the trademark, copyright, patent, patent-pending or other proprietary notices within the Site or the Playmaker Content.
5. TRADEMARKS AND PATENTS. All trademarks, logos, and service marks, including all designs and symbols in the Playmaker Content and STRATEGYMAPPER (subject of U.S. Reg. No. 3637112) and THE PLAYMAKER’S STANDARD (subject of U.S. Reg. Nos. 3703473, 3703475, and 3703476) are proprietary, owned by Playmaker Systems, and protected under federal and state laws. All trademarks owned by other parties and appearing on the Site are used as permitted by law or pursuant to an agreement. Users may not use Playmaker Systems trademarks, logos, and service marks for any purpose including, but not limited to, use as domain names or use as “hot links” or meta-tags in other web pages or websites, without the advance written permission of Playmakers Systems. Further, Playmaker Systems has a patent (U.S. Patent No. 8,245,157) and European pending patent applications covering certain of the proprietary elements and methods within the Playmaker Content and the Site. Playmaker Systems has invested substantial time and money in creating the inventions covered by the patent and pending patents as well as in securing global legal protection of such inventions through the patent registration process.
6. LIMITATIONS ON USE. Regardless of the license type (commercial or non-commercial), you agree to comply with all applicable U.S. federal, state and local laws while using the Site and the Playmaker Content. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information. Further, while using the Site:
- You may not republish or distribute, change, modify, mirror, frame, rent or sell in any manner, directly or indirectly, any component of the Site or create any derivative works with respect thereto, without the prior written consent of Playmaker Systems (unless expressly provided in the CCL or another written agreement);
- You may not disassemble, decode, decompile or otherwise reverse engineer the Site or any interfaces or software programs comprising the same including;
- You may not use any data mining, robot, spider, scraper, or other automated means to access the Site or the Playmaker Content for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines;
- You may not take any action that would impede or interfere with the operation of the Site or materially alter the contents of the Site;
- You may not transmit to the Site any content, code or software that contains a virus, Trojan horse, worm, or other harmful component;
- You may not upload, post, e-mail or transmit any content that is unlawful, harmful, threatening, abusive, disparaging, defamatory, libelous or obscene;
- You may not impersonate any person or entity, attempt to hide the origin of any content you submit to the Site or falsely state or otherwise misrepresent your affiliation with another entity;
- You may not upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
7. SECURITY. All licensees, whether commercial or non-commercial, are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Sites. Access to and use of any password protected and/or secure area of the Sites is restricted to authorized Users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution. In order to protect you and any user-generated data, Playmaker Systems has the right to suspend your and all Users’ use of the Site, without notice, if Playmaker Systems has any suspicion that any breach of security has occurred.
8. COPYRIGHT INFRINGEMENT
(a) Notice and Takedown Request. If you believe that your copyrighted material is being infringed by anything on the Site, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a writing statement to Playmaker Systems’ Copyright Agent at firstname.lastname@example.org (via electronic mail) or LeClair Ryan, P.C., 2318 Mill Road, Suite 1100, Alexandria, VA 22314, attn: Copyright Agent/Playmaker Systems (via certified or registered mail). Your notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address or permalink of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owner’s behalf.
(b) Counter-Notice. If you believe that any content that you previously submitted to Playmaker Systems that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to Playmaker Systems’ Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site or the Services at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by Playmaker Systems’ Copyright Agent, Playmaker Systems may send a copy of the counter-notice to the original complaining party informing that person that Playmaker Systems may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Playmaker Systems’ sole discretion.
9. NO WARRANTIES. Your use of this Site is at your own risk. All content, materials, information, products, and services provided on the Site are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Playmaker Systems uses reasonable efforts to include accurate and up-to-date information on the Site, but it does not make any warranties or representations as to its accuracy or completeness, and Playmaker Systems may add, change, improve, or update the content on the Site without notice. In addition, Playmaker Systems makes no warranties that the Site will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error. Further, you understand and agree that the Site and all content and services are intended for informational purposes only and are not intended to provide specific directions in regard to any course of action or inaction in any circumstances whatsoever, including, in particular, any circumstances having financial or legal aspects or consequences; and, therefore, Playmaker Systems makes no warranty as to the results that may be obtained from the use of the Site or the Playmaker Content.
10. INDEMNIFICATION. You agree to indemnify, defend and hold Playmaker Systems harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
11. LIMITATION OF LIABILITY. Under no circumstances shall Playmaker Systems be liable for any damages suffered by you, including any incidental, special or consequential damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs or other data) that result from access to, use of, or inability to use the Site or due to any breach of security associated with the transmission of information through the internet, even if Playmaker Systems was advised of the possibility of such damages.
12. JURISDICTION AND GOVERNING LAW. These terms and conditions shall be governed and construed in accordance with the laws of the State of Maryland, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to the Sites and the subject matter contained herein shall be maintained in the courts of the state of Maryland or the federal district courts sitting in Maryland, which courts shall have exclusive jurisdiction for such purpose.
(a) “Playmaker Systems”, “we” or “us” means Playmaker Systems, LLC.
(c) “Site” means www.playmakersystems.com and any successor or preceding URL(s), including www.plays2run.com.
(e) “Playmaker Content” means the materials, including all information, text, graphics, designs, pictures, software, electronic media, processes and methods and other content on the Site.
(f) “CCL” means the Creative Commons Non-Commercial Attribution-ShareAlike 3.0 license, which is accessible at the URL http://creativecommons.org/licenses/by-nc-sa/3.0.
(g) “Contributed Content” means the content, including feedback, discussion points and ideas relating to the Playmaker Content, that you submit to Playmaker Systems via the Site or any other channel.