The following terms and conditions ("Terms of Service" or these “Terms”) are a legal agreement between you and Impressive Play™, LLC, (“Impressive Play”), and govern your downloading or installation of the Impressive Play mobile application (the “App”), your access to, and use of, the Impressiveplaysports.com website (the "Website"), and your use of any of the services offered by Impressive Play (collectively with the App, the Website, Social media etc the “Services”).
By clicking on the "I Agree" checkbox, downloading the App, or by accessing, browsing, or otherwise using the Website and social media, you agree to be bound by these Terms and any of the related policies or guidelines, including any subsequent changes or modifications to them and that you have the authority to enter into these Terms personally or on behalf of the third party you have named as the user. The term “you” refers to the individual, team, club, league, or legal entity identified as the user when you registered for the Services. If you do not agree to these Terms or any changes, do not access or otherwise continue to use these Services.
These Terms of Service limit the remedies that may be available to you in the event of a dispute.
These Terms of Service include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.
In order to access certain features of the Services you may be required to register for an account (“Account”). In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Impressive Play immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Impressive Play has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Impressive Play has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. Impressive Play reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Impressive Play, or if you have been previously banned from use of any of the Services.
The Impressive Play Services provide a digital platform to collect, organize, manage and share sports organization and teams related information. The Services may be used by sports related clubs or organizations (each an “Organization”), team coaches and managers (each a “Team”), sports participants themselves (each a “Player”), other members of a Player’s household (each a “Household Member”) or other spectators. Players refers to sports participants that are either participants over the age of 13, or the parent or legal guardian of a youth sports participant who is under the age of 13. The Services may be offered by Impressive Play itself, or through one or more of the Organizations or Teams who offer the Services (an “Organization Site”) to their Players. Organizations’ and Teams’ use of the Services may be subject to supplemental terms agreed to directly with Impressive Play that alter these Terms. Players’ and Household Members’ use of the Services may be subject to terms and/or policies of the third-party Organization or Club through whom the Services are made available. Impressive Play is not responsible for the practices of Organizations or Teams that Impressive Play does not own or control. If you are a Player or Household Member with questions regarding any of the additional polices or agreements contained on an Organization or Team Site, please contact the related Organization or Team directly.
Some elements of the Services may be offered by Impressive Play for a fee. The fees for such Services are posted on the App and/or the App Stores. Unless otherwise agreed to in writing, fees are subject to change without notice. You agree to pay Impressive Play in advance the applicable fees for the Services provided by Impressive Play under these Terms. If you elect to pay applicable fees with a credit card, Impressive Play will bill your credit card for all fees and you hereby authorize Impressive Play to charge your credit card or to charge any form of payment you have obtained to replace your credit card. You will provide Impressive Play with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Impressive Play reserves the right to terminate your use of the Services and in addition to seeking any other legal remedies. Impressive Play is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Impressive Play. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the App. Impressive Play’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Impressive Play’s income.
By purchasing any Services that are sold as an ongoing subscription (each a “Subscription”), you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation of the automatic renewal of your Subscription and you acknowledge that your Subscription will be automatically extended for successive periods.
To cancel the automatic renewal of your Subscription at any time, you may either update your user profile in the App or contact Support@impressiveplayai.com for assistance.
Your renewal date will be the anniversary of your sign-up date after your initial term ends. For example, if you bought a one-month Impressive Play Subscription on July 7th, your Subscription would renew for another one-month on August, 7th. If you have a renewal anniversary date on the 30th or 31st of the month, your renewal date will be moved to accommodate months that do not have those dates. For example, if your Subscription was started on January 31st and had a one-month term, it will renew on February 28th (or 29th if it is a Leap Year), and thereafter your renewal date will be the 28th of each subsequent month. If you cancel the automatic renewal of your Subscription, you may use your Subscription until the end of your then-current Subscription term. Impressive Play may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method within the 48-hour notice requirement. If you cancel the automatic renewal of your Subscription you will not be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current Subscription period. If Impressive Play does not receive payment for a renewal prior to the date of renewal, Impressive Play may, in its discretion, do one or more of the following: (i) demand full payment, (ii) charge any form of payment you have obtained to replace your provided form of payment (e.g. you have obtained a replacement credit card number), and you hereby authorize Impressive Play to do so, and (iii) terminate or suspend your Subscription. Data will be deleted when a subscription is cancelled or terminated.
You agree that you will only use the Services and any content you access through the Services for your own internal, personal, non-commercial use and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.
The materials displayed or performed or available on or through the Services, that may include, but not limited to player and team data, text, graphics, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Impressive Play’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Impressive Play owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply. We reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
Certain features of the Services may allow you to share information with others, including through your social networks or other services where you have an account (“Third Party Accounts”). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “download” and/or “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Impressive Play to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute authorized Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we are not liable for any errors or omissions in that information or Content or for any damages or loss you or anyone else might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. The Services may contain links or connections to third-party websites or services that are not owned or controlled by Impressive Play. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Impressive Play is not responsible for such risks.
Impressive Play has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party apps, websites, social media or by any third party that you interact with through the Services. In addition, Impressive Play will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party app, website or service.
Unless otherwise clearly stated, Impressive Play payment processing services (the “Payments Services”) are provided by the Apple App Store and Google Pay/Google Payments and are subject to their respective Terms of Service. By agreeing to the Terms of Service or continuing to utilize Impressive Play for payment processing services, you agree to be bound by the Apple App Store and Google Pay Terms of Service, as the terms may be modified by each payment processor from time to time. As a condition of Impressive Play enabling payment processing services through the Apple App Store and Google Pay, you agree to provide Impressive Play accurate and complete information about you and your business, and you authorize Impressive Play to share with the Apple App Store and Google Pay, or such other payment processing service providers, such information and transaction information related to your use of their payment processing services. We may suspend or terminate your use of the Payment Services at any time for any reason.
You are independently responsible for complying with all applicable by-laws, rules, regulations, policies and guidelines (“Operating Rules”) of the Card Brands (e.g. defined as Visa, MasterCard, American Express or Discover Network etc), the standards set forth by the Payment Card Industry (“PCI”) Security Standards Counsel, and all applicable laws in all of your actions related to your use of Impressive Play's Payment Service, regardless of the purpose of the use.
Without limiting any other warranties hereunder, you represent, warrant and covenant with us and with the submission of each card transaction, the following representations, warranties and/covenants:
Further, you are authorized to carry on your own business as it is conducted and to enter into this Agreement. You have not changed the nature of your business, card acceptance practices, delivery methods, return policies, or types of products or services sold requiring a different merchant category code under Operating Rules, in a way not previously disclosed to us. You will use the Payment Services only for your own proper business purposes and will not resell, directly or indirectly, any part of the Payment Services to any person. You, or your third-party service providers, have not filed, or intend to file, a bankruptcy petition not previously disclosed to us. All information and data you provide to us, or for which you engage a third party to provide to us, is complete, truthful, accurate, valid, your lawful property, and you have the right to communicate such information. You own or otherwise have the full right and authority to use and disseminate all information, data, graphics, text, video, music, or other intellectual property which forms a part of your website, app, or which you use in your advertising. You and your third- party service providers are legally authorized to sell any product or services offered and have obtained all necessary regulatory approvals and certificates (hereafter, “Certificates”). You will provide us, Apple App Store or Google Pay, or such other payment processing service provider, any copies of Certificates immediately upon receipt of our request. You are responsible for the security of Cardholder data and will maintain appropriate administrative, technical and physical safeguards for all Cardholder information.
Fees and Charges: You will pay the Payment Services fees and charges set forth in your agreement with us, as amended from time to time, or as otherwise mutually agreed to by us and you. Upon 30 days written notice to you, we may change fees, including adding fees for additional services utilized by you and/or increasing fees for any adverse change to your risk profile, as reasonably determined by us.
Payouts. We make daily or weekly payouts to you for valid transactions, as determined by us in our sole discretion. Payments due to you, consisting of the sum of the money actually received for all transactions less all fees and charges due to us will be paid in arrears unless otherwise agreed. We reserve the right to modify the payment cycle or offer alternative payment cycle options to you at any time. We may delay or suspend payments while we verify certain aspects of any transaction. We may, in our discretion, modify our verification processes at any time. In the event we, in our discretion, determine that there is a need for an investigation and analysis regarding fraud, violation of Operating Rules, violation of our terms of service, or violation of law relating to the transactions performed on your behalf, we may withhold payments to you without penalty, to enable us to complete such investigation and analysis. If it is determined that there has been fraud, violation of Operating Rules, violation of our terms of service, or violation of law relating to the transactions performed on your behalf, we may withhold payment to you indefinitely.
Operating Accounts and Reserve Accounts. You shall establish an operating account at a financial institution of your choice prior to processing any transactions (“Operating Account”). You must maintain sufficient funds in the Operating Account for the crediting of collected funds and the debiting of fees and charges under this Agreement. You acknowledge that all payments and credits provided to you are provisional and subject to suspension, to chargebacks, and to adjustments. We may withhold funds by temporarily suspending or delaying payouts of proceeds to you and/or designate an amount of funds that you must maintain in your Operating Account or in a separate reserve account (“Reserve Account”) to secure the performance of your obligations. We may require a Reserve Account for any reason related to your use of the Payments Services. The Reserve Account amount will be an amount as reasonably determined by us to cover potential losses. The Reserve Account amount may be raised, reduced or removed at any time by us, in our sole discretion, based on your payment history, a credit review, or otherwise as we may determine or require. The Reserve Account may be funded by deduction from payments due to you or a charge against the Operating Account. You have no ability to make withdraws from the Reserve Account without our written consent.
Transaction Disputes. You understand and agree that we are not in any way financially responsible for chargebacks. You further agree:
Taxes and IRS Reporting. To comply with IRS 1099-K reporting requirements, we, the Apple App Store or Google Pay, may be required to file a form 1099-K with the US Internal Revenue Service (IRS). We may collect federal backup withholdings upon transaction settlement, on behalf of the IRS, from you if you do not supply your legal name, SSN or EIN, or if you fail to respond to a request from us to verify the same.
Indemnification for Payment Services. In addition to your other liability set forth in the Terms of Service, you will defend, indemnify and hold us and its officers, directors, members, shareholders, partners, employees, agents, subcontractors and representatives harmless from and against any and all fines, penalties, claims, damages, expenses, liabilities or fees of any nature whatsoever, including attorneys’ fees and costs (“Payment Services Damages”), asserted against or incurred by us arising out of, relating to or resulting from, either directly or indirectly: (a) a breach of the security of your system safeguarding Cardholder information resulting in unauthorized access to Cardholder information; (b) a breach of any representation, warranty or term of this Agreement related to Payment Services, including, but not limited to, the data security provisions by you, or any service provider, subcontractor or agent of yours; (c) the negligence, or willful misconduct of you in the performance of its Payment Services obligations hereunder, including, but not limited to, the data security provisions; (d) any violation of laws, Card Brand regulations, or Operating Rules by you; and (e) all third party claims arising from the foregoing.
Impressive Play and its licensors own all rights, title, and interest in the Services and Content (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Impressive Play. You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of Impressive Play or any third party. Any unauthorized use of the Services will terminate the permission or license granted by Impressive Play to you under this Terms of Service and may violate applicable law, including but not limited to patent laws, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Impressive Play (“Feedback”) is at your own risk and that Impressive Play has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Impressive Play a fully paid, royalty-free, irrevocable, perpetual, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. Additionally, if you provide reviews or quotes about any of the Services to Impressive Play (“Reviews”), you hereby grant Impressive Play a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, modify, adapt, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner and all Reviews and to include your first name in connection with Impressive Play’s use of the any such Review.
Patent protection is being sought for the Impressive Play App. The term “Patent Pending” is used to inform the public that a patent application has been filed. While not yet granted, unauthorized use of the innovative processes or features within this Application, for any sport or game, may result in liability for patent infringement once the patent is issued.
"Impressive Play," "Impressiveplaysports.com" and Impressive Play's logos are trademarks, service marks or registered trademarks of Impressive Play, LLC and may not be copied, used or imitated, in whole or in part, without the prior written permission of Impressive Play. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without Impressive Play's permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Impressive Play, and may not be copied, imitated, or used, in whole or in part, without Impressive Play's prior written permission. All other Impressive Play names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Impressive Play.
You are legally responsible for all data, content or other information ("User Content") uploaded, posted or stored through your Account or on your Organization Site or otherwise through your use of the Services. You are responsible for any User Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. Impressive Play does not control the User Content shared or posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such content. Impressive Play reserves the right, in its sole discretion, without notice at any time, to (a) review the User Content posted via the Services; (b) edit, remove or refuse to post any User Content, in whole or in part, for any or no reason in Impressive Play’s sole discretion; (c) take any action with respect to any User Content that we deem necessary or appropriate in Impressive Play’s sole discretion, including if we believe that such User Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Impressive Play; (d) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (e) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, your violation of these Terms of Service or any other agreement between you and Impressive Play.
Impressive Play claims no intellectual property rights over the User Content you provide to the Services. Your User Content remain yours. However, you grant to Impressive Play and its related companies, affiliates and partners an irrevocable, worldwide, royalty-free license to (a) host, copy, use, store, distribute, publicly perform and display, modify, and create derivative works of (such as changes we make so that your content works better with the Services) such User Content as necessary to provide, improve and make the Services available to you and other users, including through any future media in which the Services may be distributed, (b) use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including for use in improving the Services or in marketing and business development purposes), (c) use any User Content that has been de-identified for any product development, research or other purpose (including after termination of your use of the Services), and (d) use any User Content for other purposes permitted by the Impressive Play Privacy Policy. You are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing license to the User Content.
In connection with any User Content, you represent and warrant the following:
You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that these Terms are between you and Impressive Play, and do not involve the App Store company. Impressive Play, not the App Store, is solely responsible for the App, including the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance and intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store company and its subsidiaries are third-party beneficiaries of the Terms and will have the right to enforce them.
Refer to Impressive Play's Privacy Policy to understand how Impressive Play collects, uses and discloses your personal information. Organizations and Teams agree to use any Player or Household Member information that is collected through or stored within the Services in a manner that is consistent with the Privacy Policy and to provide at least the same level of protection for personal information as that provided by Impressive Play.
You are solely responsible for your activities on the Services, including all content that you submit or a third party submits on your behalf or when using your account. You agree to indemnify Impressive Play and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, damages, liabilities, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, including violations of the Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by any data, text, photographs, graphics, messages, ratings, forum postings, comments or other materials (collectively, "User Content") that you submit or a third party submits on your behalf or using your account.
Impressive Play or third parties may provide links on the Services to other sites or content. Impressive Play has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the content, quality, nature or reliability of sites or content linked to by the Service. Impressive Play provides links to you only as a convenience, and the inclusion of any link on the Services does not imply Impressive Play’s affiliation, endorsement, or adoption of the linked site or any information therein. When you leave one of our Services, Impressive Play’s terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
THE SERVICES AND CONTENT, INCLUDING PAYMENT SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA RECORDED, CAPTURED, COLLATED, DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. IMPRESSIVE PLAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, SERVICES, AND ALL CONTENT AVAILABLE THEREIN THE APP OR SITE. IMPRESSIVE PLAY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, DATA, STATS AND CONTENT ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE. APP FUNCTIONALITY MAY VARY FOR USERS BASED ON VARIABLES THAT ARE OUTSIDE THE CONTROL OF IMPRESSIVE PLAY, SUCH AS VARIABLES RELATED TO MOBILE PHONE SERVICE PROVIDERS, DATA DELIVERY SPEEDS, PHONE BRANDS, PHONE MODELS, BACKGROUND NOISES, POWER OUTAGES etc.
Impressive Play is not responsible for typographical errors or omissions relating to pricing, data, stats, text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
IN NO EVENT SHALL IMPRESSIVE PLAY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA.
IMPRESSIVE PLAY'S AGGREGATE LIABILITY FOR ANY ACTUAL AND DIRECT DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNTS YOU PAID TO IMPRESSIVE PLAY DURING THE PRIOR 12 MONTH PERIOD OR $50.
You acknowledge that the above limitation of liability is a reasonable allocation of risk for your use of the Services and is a fundamental element of the basis of the agreement between you and Impressive Play. Impressive Play would not be able to provide the App or the Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Impressive Play’s suppliers as well.
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms, use of any product or service provided by Impressive Play, or related to the processing of personal data, that cannot be resolved informally or on an individual basis in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section (this “Arbitration Agreement”). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Impressive Play, and to any subsidiaries, affiliates, employees, agents, predecessors in interest, successors, and assignees, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Impressive Play should be sent to: PO Box 25, Dublin, OH 43017. After the Notice is received, you and Impressive Play may attempt to resolve the claim or dispute informally. If you and Impressive Play do not resolve the claim or dispute within sixty (60) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The JAMS Streamlined Arbitration Rules (the “JAMS Rules”) governing the arbitration are available online at https://www.jamsadr.com/. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 40 miles of Columbus, OH, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
If you or Impressive Play pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Impressive Play, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim (including any claim regarding the enforceability of this Arbitration Agreement or any unconscionability in connection with these Terms). The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Impressive Play.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Impressive Play in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be STRICTLY CONFIDENTIAL. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable with regards to any particular subject matter by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect with regard to such specific subject matter and shall be severed and the remainder of the Agreement shall continue in full force and effect.
A request to wave any or all of the rights and limitations set forth in this Arbitration Agreement may be raised by the party against whom the claim is asserted. If agreed to, such waiver shall not waive or affect any other portion of this Arbitration Agreement.
This Arbitration Agreement will survive the termination of your relationship with Impressive Play.
Notwithstanding the foregoing, either you or Impressive Play may bring an individual action in small claims court.
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Franklin County, Ohio for such purpose.
Following are the terms that govern your conduct while using the Services. Any violation of this Conduct Policy may result in the suspension or termination of your access to the Services and such action as Impressive Play deems appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on the Service.
Notwithstanding anything to the contrary in this Conduct Policy, Impressive Play reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Services or its systems, equipment or network. Impressive Play further reserves the right (each in its sole discretion) to review, screen, edit, modify, remove or disable access to any data or content that violates these provisions or that Impressive Play deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in the Impressive Play Privacy Policy, Impressive Play reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if Impressive Play suspects you have violated this Conduct Policy or any law or regulation. Impressive Play may also cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
To report any violations of this Conduct Policy, please contact us at: support@impressiveplayai.com.
Impressive Play is an internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, Impressive Play maintains specific contact information provided below for notifications of claimed infringement regarding materials posted to the Impressive Play app, website or social media. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Copyright Review
Impressive Play, LLC
PO Box 25
Dublin, OH 43017
Impressive Play will respond expeditiously to claims of copyright infringement committed on its Services. In notifying Impressive Play of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit Impressive Play to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
You hereby release Impressive Play and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, content you share from the Services or any interaction between you and any other user of the Services. California Residents - you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Impressive Play’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Impressive Play shall not be liable for any delay or failure to perform Services or actions resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, pandemics, acts of civil or military authorities, fire, floods, accidents, electrical outings, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Ohio, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Where Impressive Play requires that you provide an e-mail address, you are responsible for providing Impressive Play with your most current e-mail address. In the event that the last e-mail address you provided to Impressive Play is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Impressive Play’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. If you are unable to email our Support team, you may give notice to Impressive Play at the following address: PO Box 25, Dublin, OH 43017. Such notice shall be deemed given when received by Impressive Play by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant 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. You also will not use the Services for any purpose prohibited by U.S. law. You acknowledge and agree that products, services or technology provided by Impressive Play are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Impressive Play products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Your use of, and participation in, certain Services may be subject to additional terms and such terms will either be listed in the Terms of Service or will be presented to you for your acceptance before you use the supplemental Service.
Please note that the Terms are subject to change by Impressive Play in its sole discretion at any time. When changes are made, Impressive Play will make a new copy and post them on the Terms of Service page. We will also update the “Last Updated” date on the Terms of Service. If Impressive Play makes any material changes, and you have registered with us to create an Account, Impressive Play may send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Impressive Play may or may not require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).
Last updated: 10th Sept 2025