Collection & Use of Personal Information
Personal information is any data relating to a person that can be used to help uniquely identify them, either directly or indirectly. You may be asked to provide personal information when you contact Digital Gameday. If you do not provide us with certain requested personal information we may not be able to provide you with some or all of our products and services.
As an individual that has consented to us using your personal data for marketing purposes, we may use your information to conduct marketing and data analysis or to send you updates and news regarding Digital Gameday and its marketing and business partners. Should you determine after you have consented to us using your information for marketing purposes you wish us to stop using your information for these purposes, please email us at email@example.com.
What Personal Information Digital Gameday Collects
When you visit our website, create a registered user account, purchase or register a product, complete a survey, we may collect information, including but not limited to: name, mailing address, phone number, email address, IP address, school information, contact preferences, credit card information and payment history.
When you contact interact with us via email, phone or in-person we may also collect you name, mailing address, phone number, email address, school information, contact preferences, and credit card information. When you send us an email, that address will be recorded automatically for purposes of replying to your email. You may unsubscribe from this content by contacting firstname.lastname@example.org.
We may obtain, receive and store certain types of website usage information when you visit the site. Website usage information helps us understand how visitors arrive, what type of content is most relevant and which visitors are interested in particular content and advertising. We may collect the page visited, the time, the source of the request, the type of browser making the request, the preceding page view and other information about your engagement with our site and services. We may also collect your IP address and your Device Identifier. A Device Identifier is a number automatically assigned to the computer, cell phone or tablet used to access the Internet. We may associate your Device Identifier with the personal information you provide.
When you visit our website, we may collect information about you, regardless of whether you have created a registered user account. However, if you choose to access our website anonymously, we may not be able to provide you with particular products or services. We collect and store personal information if you provide any such personal information, register as a user, provide details at an event, complete a survey or supply personal details through any other form of correspondence. Digital Gameday uses this information to provide products and services, as well as for billing, identification, authentication, products and services improvement, contact and research purposes. This information may include: date, time, computer identity, crash data, device type and setting, operating system, region, log preferences, Ethernet address, IP address, MAC address, licensed software name and version, OS version, and any other information about user actions required to improve, support and maintain the products and services we provide.
Digital Gameday uses third-party vendors and hosting partners to provide the necessary software, networking, storage and related technology required to run our website, and such third-party vendors may collect and store your data on behalf of Digital Gameday. The code, databases and all rights therein are owned and are the property of Digital Gameday. Reasonable safeguards are incorporated by Digital Gameday to help protect and secure your personal information. However, no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Digital Gameday cannot ensure or warrant the security of any information you transmit via its websites and/or products, and you do so at your own risk. The website can be accessed by the general public and are considered are general public websites.
Third Parties Disclosures
There are circumstances where we may wish to disclose or are compelled to disclose your personal data to third parties. We may share your personal information with: our subsidiaries, branches or associated offices, our partners, vendors, licensees, agents, representatives, distributors, independent contractors, legal advisors, our other professional advisors, and/or to any other third party where you have provided your permission.
Any disclosure to third parties will only take place in accordance with the applicable law and for the purposes listed. These scenarios include disclosure: (1) as required to provide products or services you’ve requested; (2) in order to provide partner-sponsored feature enhancements; (3) when necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions of Use, or as otherwise required by law; (4) on a temporary or permanent basis for the purposes of a joint venture, collaboration, financing, sale, merger, reorganization, change of legal form, dissolution or similar event (in the event we are acquired by or merge with another company, you will be notified before your information is transferred); (5) to protect the security or integrity of our business, including our databases and systems, and for business continuity reasons; (6) to our legal advisors who may need to manage or litigate a claim; and (7) for any other purpose when we have your permission.
We do not knowingly collect personal information from children under age thirteen (13) (or the otherwise applicable age of digital consent in any particular jurisdiction). Children under the applicable age of digital consent are not permitted to use our websites and services, and must request a team adult, parent or guardian provide any personal data in connection with the site and/or services. We will delete any information later determined to have been collected from an underage user. Coaches and Account Administrators may add underage users to a team roster and/or direct invite codes to such users only with express written consent from a parent or legal guardian. Digital Gameday is not liable for obtaining such consent on behalf of a team.
Our website contains electronic images (generally, single-pixel .gif images) called “web beacons.” Web beacons allow Digital Gameday and third parties to monitor and collect information about the viewer of the web page, web-based document, email message or other communication, such as the type of browser requesting the web beacon, the Device Identifier that the web beacon is sent to, and the time the web beacon was viewed. Digital Gameday uses web beacons to count web browsers, visits and page views. It also uses beacons to monitor traffic and conversion patterns, to personalize your experience, including advertising and content, and to determine whether or not messages were opened, links were clicked or notifications/offers were acted upon.
Our website does not respond to “do not track” settings in browsers.
Online Training and Demonstrations
Messages & Notifications
Digital Gameday’s private messaging tools are available only to Digital Gameday subscribers. Messages may be between a single sender and a single or multiple recipients. Digital Gameday enables users to communicate with individual athletes and coaches, custom groups, or the whole team on the same roster. The messaging feature is intended for use that includes, but is not limited to, meeting or practice time reminders, requesting feedback from the team, discussing game strategy, sharing links to training resources and playbooks.
When a message is sent, all participants in the conversation (except the sender) receive a notification via text or email that they have a new unread message. Any information the sender submits through messaging, may be passed along by the recipient without the sender’s knowledge. This may occur by forwarding the notification email or text, or capturing and forwarding a screenshot of the message(s) prior to deletion.
Digital Gameday supports the privacy and competitiveness of teams by requiring authentication to view the messages and files shared within a specific team. Digital Gameday reserves the right, but is not obligated to, disclose any information if, in its sole opinion, Digital Gameday suspects or has reason to suspect that the information involves a party who may be the victim of harassment in any form. Information may be disclosed to Digital Gameday staff, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. Additionally, Digital Gameday reserves the right to divulge the contents of a communication to an addressee or intended recipient of such communication. Given this, even if both the sender and recipient(s) deleted their message(s), conversation(s) directed at either party may be provided to the individual at either party’s request.
We may also use aggregated information about our messaging feature for purposes such as auditing, data analysis, research and marketing to improve our products, services, and marketing. Digital Gameday does not share information from messaging with any partners, except on aggregate, unless explicitly approved by the team admin.
We reserve the right to access messages when necessary to investigate, prevent, or take action regarding illegal activities, including suspected fraud, harassment, and threats to the safety of any person, as well as violations of our Terms and Conditions of Use, or as otherwise required by law.
Retention of Personal Information
Confidentiality & Security
California Privacy Rights
Cal. Civ. Code § 1798.83 (2006) permits users of our websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or via written correspondence at: Digital Gameday .
This website is owned and operated by Digital Gameday, LLC.
Digital Gameday, Alumni Hall, SUNY Cobleskill, Cobleskill, NY 12043 United States email: firstname.lastname@example.org.
Changes to Policy
Terms & Conditions of Use
Thank you for accessing Digital Gameady. The services available on and throughout this website (the “Services” and the “Site”) have been created and are provided by Digital Gameday, LLC.
Your use of the Services is governed by these terms and conditions (this “Agreement”). By using the Services, you agree to be bound by this Agreement, whether you are a visitor, which means that you simply browse the Site or any of its applications, or you are a user with a registered account (“Registered User”). Digital Gameday may at any time in its sole discretion (i) modify this Agreement and such modification shall be effective once posted to the Site, (ii) change the Site, including eliminating or discontinuing any Services or other feature of the Site; and/or (iii) deny or terminate your use of and/or access to the Site.
You agree to be bound to any changes to this Agreement when you use the Services or access the Site immediately after any modification to this Agreement has been posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
The term “User” refers to any visitor to the Site or Registered User, unless provided otherwise. You are only authorized to use the Services if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of the Services immediately. If you wish to become a Registered User, communicate with other Users, and make full use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
Use of Services is void where prohibited. By using the Services, you represent to us that (a) any registration information that you submit is truthful, accurate and otherwise owned by (or licensed to) you; and (b) your use of the Services does not violate any applicable law or regulation.
Browsing of the Site’s public pages is provided free of charge to any person. However, access to certain functionalities of the Site will require you to register with and/or provide certain information to us. We reserve the right to decline to provide Services to any person for any or no reason. When you sign up to become a Registered User, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all uses of your account.
Digital Gameday authorizes you to copy materials on this Site to your hard drive solely for the purpose of viewing and using the Services on your computer. You may also print portions of the Site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the Site.; provided, that (i) you must retain all trademark, copyright, and other proprietary notices contained in the original materials, (ii) you must credit Digital Gameday, and if possible provide a reference to the Site, (iii) the material must be printed in its entirety without modification, reformatting or adaptation of any kind, (iv) any such copies are subject to the terms and conditions of this Agreement and remain the property of Digital Gameday, and (v) you agree to advise any person to whom you share the materials as to this Agreement and they must agree to abide by this Agreement. You may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose other than through the Services or the Site. Unauthorized use of the Services for any other purpose is prohibited. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Services. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or its content without our prior written permission. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Digital Gameday or others.
Except as provided in this Agreement, Digital Gameay does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post or upload to the Site and/or through the Services (“User Generated Content”). After posting or uploading your User Generated Content to the Site and/or through the Services, you continue to retain all your ownership rights in such User Generated Content except as set forth in this Agreement.
You are solely responsible for any third party Content in your User Generated Content and for the use of the User Generated Content, including on our Site and through the Services. We reserve the right to remove such Content, your User Generated Content and/or any other content in our sole and absolute discretion.
In addition, the Site and/or Services may contain Content, under license to Digital Gameday from third parties, in which you are featured and/or visible or which includes your name, sobriquet, professional name, image, likenesses, other identifications, and biographical material (“User Featured Content” and together, with User Generated Content, “User Content”).
You hereby grant to us and some or all of our partners, licensees, distributors, agents, independent contractors, representatives and other authorized users (collectively, “the partners”), a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the Site or any related or affiliated sites, on third party web sites, cable networks and stations, broadband and wireless platforms, and or on any other products and services) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Content License”). You appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm, fully utilize, or enforce the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.
You represent and warrant to us that:
- (i) you own the User Generated Content or otherwise have the legal right to post or transmit the User Generated Content in accordance with the terms of this Agreement,
- (ii) the posting or other transmission of the User Generated Content on or through the Services or Site or otherwise by Digital Gameday or the partners does not violate the privacy rights, publicity rights, intellectual property rights (copyrights, patents, trademarks), contract rights or any other rights of any person or entity,
- (iii) without limiting this Agreement, you have provided your consent to the use of User Featured Content to your school and/or applicable athletic organization from which Digital Gameday has obtained, directly or indirectly, such User Feature Content. To the extent that any of the User Content on the Site and/or Services features a child of User under the age of 18, User is deemed to have consented to the Content License on such child’s behalf and the foregoing representations with regard to such Content, and such child shall also be deemed to be a User for purposes of this Agreement.;
- (iv) you have no agreement with or obligations to any third party with respect to the rights herein granted which conflict or interfere with or adversely affect any of the provisions of this Agreement or the use or enjoyment by us of any of the rights herein granted You have secured and will maintain all rights necessary for us to use and enjoy the rights herein granted. You have not sold, assigned, transferred or conveyed, and will not sell, assign, transfer, or convey, to any party any right, title, or interest in and to the rights herein granted or any part thereof, adverse to or in derogation of the rights herein granted to us; and
- (v) If you are under eighteen (18) years of age, you further warrant and represent that you either: (I) are an emancipated minor, or (II) possess legal parental or guardian consent to enter into this agreement and use the site and services.
- (vi) To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the User Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or the Digital Gameday Partners, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to or through the Services.
Infringing Content; Digital Millennium Copyright Act
We reserve the right to remove any User Content that is alleged to infringe the copyright of a third party or otherwise violates any third party rights and/or to suspend or terminate a User’s access privileges in the event of repeat infringement by a User.
If you are a copyright owner or authorized agent and believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, or if you believe that your rights have otherwise been violated by the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person whose rights have been violated;
- (ii) a description of the copyrighted work that you claim has been infringed or the particular rights violated;
- (iii) if applicable, a description of where the material that you claim is infringing is located on the Site;
- (iv) your address, telephone number, and email address;
- (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law or with regard to the rights violated; and
- (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate.
Our designated (“Copyright Agent”) to receive notifications of claimed infringement is Steven Sloan, who may be contacted by email at email@example.com or by mail at Digital Gameday, Alumni Hall, SUNY Cobleskill, Cobleskill, NY 12043 If you believe that your User Content 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 the law, to post and use the material in your User Content, you may send a counter-notice pursuant to the DMCA containing the following information to the Copyright Agent:
- (i) your physical or electronic signature;
- (ii) identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- (iii) a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
- (iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Nebraska, 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 the Copyright Agent, Digital Gameday may, in its sole discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 15 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored.
The Site and the Services, as well as certain Content available therein, are protected by copyright, trademark, patent, trade secret and other intellectual property laws in the United States and other countries, and Digital Gameday owns and retains all such rights in this Intellectual Property.
Without limiting the foregoing, Digital Gameday and the Digital Gameday logo, are trademarks of Digital Gameday, LLC, protected under international law, the laws of the United States and other countries. Other parties’ trademarks used, depicted or identified on this Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Site of the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply Digital Gameday’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of Digital Gameday and their products or services.
You agree not to use the Services or the Site to take any action(s) that, (and your continued use of the Site and Services are conditioned on not taking any action(s) that):
- patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or group; exploits people in a sexual or violent manner; or contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information; provides any User telephone numbers, street addresses, last names, URLs or email addresses; involves the transmission of “junk mail,” “chain letters,” or “unsolicited mass mailing”, “instant messaging”, “phishing”, “spimming” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated files;
- are contrary to Digital Gameday’s public image, goodwill, or reputation;
- infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
- transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- “frame” or “mirror” any part of the Site without our prior written authorization;
- distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Digital Gameday or its partners;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; and/or
- execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you
Further, you agree not to use the Services or the Site to participate in:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or violation of the privacy or publicity rights of third parties;
- advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Digital Gameday reserves the right to restrict the number of emails or text messages that a User may send to other Users;
You agree not to use the Services or the Site in any manner that violates or is otherwise not in accordance with the terms of the subscription package in which you are currently enrolled (“Account”). Any violation of the following usage rules may result suspension of the Services and/or loss of Account access:
- Each Account may be utilized by one “Team,” meaning one gender of one sport, from one institution (either a school or a club).
- Only one sport is permitted per Account. For example, Lacrosse film cannot be uploaded to a Basketball account and vice versa.
- Only one gender is permitted per Account, regardless of sport. For example, Boys’ Hockey cannot upload film to the Girls’ Hockey account and vice versa.
- Each Team is permitted to create supporting teams as follows:
- Club & Youth: 1 Team per Account; 0 supporting teams. For example, a Hockey team for U14 may only upload U14 films. U13 and U10 would require separate Accounts.
- High School: 4 Teams per Account; 1 primary team and 3 supporting teams. For example, Boys’ Basketball may have 1 primary team (Varsity) and may have 3 supporting teams for the Freshman, Sophomore, and JV teams.
- College: 1 Team per Account; 0 supporting teams.
- If a Team has not used its full supporting team allotment, it may not use the unused supporting team allotments to upload film from another sport, as this would constitute a separate Team requiring its own Account.
You agree not to attempt to impersonate another User or other individual, and you acknowledge that the Services are for public and not private communications and that you have no expectation of privacy with regard to any User Content. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any User Content on this Site is at your own risk.
If you become aware of misuse of the Services by any person, please contact Digital Gameday at firstname.lastname@example.org. Digital Gameday reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site or Services at any time, for any or no reason, with or without prior notice, and without liability.
You agree to indemnify and hold Digital Gameday, Digital Gameday Partners, and their subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content posted on the Site or through the Services causes Digital Gameday to be liable to another third party or User.
DISCLAIMERS OF WARRANTIES: DIGITAL GAMEDAY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DIGITAL GAMEDAY IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DIGITAL GAMEDAY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. DIGITAL GAMEDAY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER DIGITAL GAMEDAY NOR THE DIGITAL GAMEDAY PARTNERS OR THEIR DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE AND SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Digital Gameday makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this site and the provisions of this Agreement.
This Agreement shall be interpreted, construed and governed by the laws of the State of New York, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the District Courts of the State of New York in Albany County or the Federal District Court of the District of New York (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Digital Gameday shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.
Other Miscellaneous Terms.
Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Digital Gameday’s failure to expressly enforce any provision of this Agreement does not waive its rights to enforce that or any other provision. Digital Gameday may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder (in whole or in part) in its sole discretion.
NCAA Regulations / Other Regulations.
Digital Gameday is in no way affiliated with or sponsored by the NCAA and/or State Athletic Associations. You are responsible for your own activities in connection with the Site, including your use of the Services. Accordingly, you are responsible for knowing and complying with the NCAA and/or State Athletic Association rules, regulations, and laws or other similar rules, regulations, and laws
(collectively, “b”). Digital Gameday is not responsible if you do not abide by NCAA and/or State Athletic Association Regulations (or any other similar rules or regulations) in connection with your use of the Site, and/or Services. If you act in violation of the NCAA and/or State Athletic Association Regulations, Digital Gameday may take reasonable steps in response, including, but not limited to, termination of your access to and use of the Site and/or reporting of such conduct to the NCAA and/or State Athletic Associations, the authorities, or other appropriate entity. Digital Gameday does not knowingly promote any violations of NCAA and/or State Athletic Association Regulations (or any other similar rules or regulations).
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.