Last change: March 1, 2023.
Below is the Terms of Service for NationalMatchPlay.com, which apply to your use of the digital platforms of National Match Play (“NMP”), including NMP websites, apps (e.g., mobile apps, tablet apps) and digital services, and to information you provide in the course of your registration for, or participation in, any of the in‑person events which NMP organizes, hosts, or otherwise facilitates. NMP is collectively referred to in this document as “we”, “us”, or “NMP”. Please take the time to read the full Terms of Service. You accept and agree to be bound by these Terms of Service when you use NMP’s digital platforms, including, without limitation, when you view or access videos or other content.
1. Introduction
Please read these terms and conditions of use carefully before using NMP’s desktop and mobile websites, mobile applications, digital content offerings, and any other NMP digital platform, or registering for or participating in any of the in‑person events which NMP organizes, hosts, or otherwise facilitates (the “Services”). Your access to and use of the Services is subject to the following terms and conditions (including the Privacy Policy of the Services) and all applicable laws. By accessing and using these Services, you signify your assent to these Terms of Service. If you do not agree to these Terms of Service, please do not use the Services. These Terms of Service may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Service periodically for changes. Your continued use of the Services following the posting of changes to these terms (including the Privacy Policy ) will mean you accept those changes.
(A) This Agreement, which incorporates by reference other provisions applicable to use of the Services, including, but not limited to, the Services’ Privacy Policy, governing the use of certain specific material contained in the Services, sets forth the terms and conditions that apply to your use of the Services. By using Services, you agree to comply with all of the terms and conditions hereof. The right to use the Services is personal to you and is not transferable to any other person or entity. To the extent you register for or otherwise create an account via the Services, you are responsible for all use of your account (under any screen name or password) and for ensuring that all use of your account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any.
(B) We shall have the right, at any time, to change or discontinue any aspect or feature of Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Use of Information You Provide
When registering for an account with us or registering to utilize the Services, you will provide some of your personal information to us. By utilizing the Services, whether through NMP’s digital platforms or physical participation in events organized, hosted, or otherwise facilitated by NMP, you agree that the personal information you provide to us can explicitly be used for several specific business purposes, including but not limited to: (1) to contact you regarding your registration for the Services, including but not limited to tournaments, contests, championships, and other golf events you are participating in; (2) to post your information in a location on our website which is accessible to other registrants of the Services, so that each user can view the contact information of other participants in the Services, including but not limited to the email address and telephone number provided by you; (3) to share your information with the hosts of any of the Services as required to provide you with, including but not limited to the physical locations of any golf events you participate in; (4) to post the names of the winners of any contests or tournaments on our website.
By submitting the personal or contact information of any person other than the registered user, the registered user agrees they have the express permission to submit that information of all persons whose information is being submitted to us.
3. Photographs and Videos
By participating in the in-person events which NMP organizes, hosts, or otherwise facilitates, you agree that NMP may collect images of you, such as still photography or video recordings (the “Images”). You also agree that NMP may use the Images for its business and marketing purposes. You may opt out of the use of Images of you for these business and marketing purposes by making the appropriate selection in the course of your registration for the Services. You may still register for and participate in the Services if you choose to opt out of the use of Images of you for these business and marketing purposes.
4. Payment and Refunds
NMP does not collect payment information such as credit card numbers or security codes, and does not store any such information. Any payment information will be provided by the User directly to a payment processor, such as PayPal.
You are entitled to a full refund for payments made to participate in the Services if you request a refund within one (1) week after a change in the schedule of the in-person event made by NMP. You must request a refund through the procedure set forth by the terms provided during your registration for each particular Service.
5. Equipment
You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Services and all charges related thereto.
6. Intellectual Property
The content and materials contained within the Services (including, but not limited to, video, audio, photos, text, images, statistics, updated scores, logos and other intellectual property related to NMP and other partnering institutions) (“NMP Content”) are either owned by or licensed to us, or owned by a partnering institution. In addition, the entire contents of the Services are copyrighted as a collective work under the United States copyright laws. We own a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, reproduce, publish, transmit, participate in the transfer or sale, create derivative works, use for commercial purposes, or in any way exploit, any of NMP Content, in whole or in part except as provided in these Terms of Service. Except as otherwise expressly permitted under United States copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of us and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Modification or other unauthorized use of any materials displayed on the Services is a violation of our copyright and other proprietary rights and may also violate the rights of various other parties and/or applicable laws. Without limiting or waiving any of our available remedies, you agree that you will promptly, and in any event within 24 hours, remove any infringing or otherwise objectionable materials from any platform or service if we or our agent requests that you do so, and that you will maintain the ability to remove such content from any platform or service on which you cause it to be placed or with which you cause it to be affiliated. The foregoing provisions of this Section 4 and 6 below are for the benefit of NMP and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. NMP Trademarks
NMP name and logo and the names and logos of the Services and NMP member institutions are the property of NMP and the member institutions of NMP. All other trademarks, logos and service marks (collectively, the “Trademarks”) appearing on the Services are Trademarks of their respective owners. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of its respective owner. Your use of the Trademarks displayed on the Services, or any other content on the Services, except as provided in these Terms of Services, is strictly prohibited. We do not make any warranty or representation that your use of materials displayed on the Services will not infringe or violate the rights of others.
8. Your Conduct
(A) You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which: (i) restricts or inhibits any other user from using and enjoying the Services; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, invasive of privacy or publicity rights, obscene, vulgar, offensive, pornographic, profane or otherwise objectionable, sexually explicit, or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Services.
(B) We shall have the right, but not the obligation, in our sole discretion to review, edit or delete any materials, content or messages transmitted in any part of the Services that violate the foregoing or any other term of these Terms of Service. Please be advised that we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose personal information of anyone who submits materials that violates the foregoing terms, in accordance with the Privacy Policy of the Services.
(C) You shall not upload, post, or otherwise make available on the Services any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By transmitting or submitting any creative ideas, concepts, know‑how, techniques, suggestions, opinions, votes, content or materials (collectively, “Submissions”), you are automatically granting us a perpetual, royalty‑free, non‑exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform and/or display such Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of NMP. This means that anything submitted by you to or through the Services may be used by us for any purpose, now or in the future, without any payment to, or further authorization by, you. NMP also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.
9. Votes, Contests, and Sweepstakes
The Services may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By casting a vote or entering contests or sweepstakes, you signify your agreement to all special terms set forth in connection with the Services applicable to the balloting, contest or sweepstakes, as well as to the terms set forth in these Terms of Service.
10. Links
The following restrictions apply to all links to NationalMatchPlay.com or any of the other Services from any on‑line, cable, wireless or other site, service or browser: (A) On‑line, cable, wireless or other sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product, brand or service (a “Commercial Site”) may not link to the Services without the written permission of NMP, even if the page/area where the link originates does not promote a product, brand or service. (B) Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engines, widely available Internet browsers) (“Permissible Sites”) may link to the Services without the express written permission of NMP if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “NationalMatchPlay.com,” or “The Official Site of National Match Play”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link. (C) The NationalMatchPlay.com logo or any other logo of NMP (a “logo” link) may not be used to link to the Services without the written permission of NMP. (D) No link to the Services may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics. (E) All links to NationalMatchPlay.com from a Permissible Site must be to the NationalMatchPlay.com home page C links to internal pages within NationalMatchPlay.com (e.g., a photo gallery or a feature article) are not permitted. (F) The posting or creation of any link to the Services signifies that you have read these Linkage Restrictions and agree to abide by their terms. (G) NMP reserves the right at any time to require the removal of any link to the Services, whether from a Permissible Site or otherwise.
11. Third‑Party Content
(A) NMP may be a distributor (and not a publisher) of content supplied by third parties and end users of the Services. Accordingly, NMP has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other user of the Services, are those of the respective author(s) or publisher(s) and not of NMP. Neither NMP nor any third‑party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 12, below, for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
(B) In many instances, the content available through the Services represents the opinions and judgments of the respective information provider, or other user not under contract with NMP. NMP neither endorses nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on the Services by anyone other than authorized NMP employee spokespersons while acting in their official capacities. Under no circumstances will NMP be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through the Services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
12. Monitoring
NMP shall have the right, but not the obligation, to monitor the content of the Services, including chat rooms and forums, to determine compliance with these Terms of Service and any operating rules established by NMP and to satisfy any law, regulation, or authorized government request. NMP shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on the Services. Without limiting the foregoing, NMP shall have the right to remove any material that NMP, in its sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.
13. NationalMatchPlay.com Store
The NationalMatchPlay.com Store (the “Store”) allows you to order products (the “Merchandise”) supplied and managed by an independent merchandise vendor, which may change from time to time (the “IMV”). By placing an order in the Store, you acknowledge that the IMV is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. By placing an order on the Store, you agree to pay the IMV all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by NMP, the IMV or your credit card issuer. The IMV may bill your credit card at the time Merchandise is ordered. The IMV may, in its sole discretion, decline service to or terminate your account without notice. NMP reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. You may have the option to personalize certain Merchandise ordered on the Store (e.g., jerseys). NMP reserves the right, in its sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which NMP deems to be illegal, offensive or inappropriate. Questions relating to the Store, Merchandise and its fulfillment should be directed to support@nationalmatchplay.com.
14. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTY
(A) THE SERVICES AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NMP AND ALL EMPLOYEES, DIRECTORS, AND OFFICERS OF THE FOREGOING (COLLECTIVELY, “NMP PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NMP PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NMP PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY RELATED MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE NMP PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
(B) THE INFORMATION AND OPINIONS EXPRESSED IN BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS CONDUCTED VIA THE SERVICES (“FORUMS”) ARE NOT NECESSARILY THOSE OF THE NMP PARTIES, AND THE NMP PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS. FURTHERMORE, THE NMP PARTIES ARE NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN THE SERVICES.
LIMITATION OF LIABILITY
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE NMP PARTIES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF, OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY PERTAINING TO OR ON THE SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE NMP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE NMP PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICES OR ANY OTHER THIRD PARTIES.
(D) IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY AND/OR EXCLUSIONS OF WARRANTIES TO APPLY TO YOU, THE LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
15. Disputes/Arbitration
PLEASE READ THIS SECTION CAREFULLY B IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
The parties agree that any and all disputes, claims or controversies arising out of or relating to the Terms of Service that are not resolved by their mutual agreement shall be submitted to final and binding arbitration in San Jose, California before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Any party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS’ panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs. The provisions of this Paragraph may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
You have the right to opt‑out and not be bound by these arbitration provisions by sending written notice of your decision to opt‑out to the following address: 1570 The Alameda, Ste 200, San Jose, CA 95126, Attn: National Match Play, AND, the following Email address: support@nationalmatchplay.com. The notice must be sent within the later of thirty (30) days of your first use of the Services or within thirty (30) days of changes to this section being announced on the Services, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section 13. If you opt‑out of these arbitration provisions, we also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Services will be deemed to be your irrevocable acceptance of these Terms of Service and any changes/updates to this Section 13 or otherwise.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, we and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will apply to any claims asserted by you against any NMP Parties to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.
16. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY B IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
(A) We and you agree that we and you will resolve any disputes, claims, or controversies on an individual basis, and that any claims brought under these Terms of Service in connection with the Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. We and you further agree that we and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Service or in connection with the Services.
(B) If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in California state court located in Santa Clara County, California.
(C) The terms of this provision will apply to any claims asserted by you against any NMP Parties to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.
17. Text Message Campaigns
The SMS text message campaign terms below govern the provision and delivery of text messages by us to you:
Your electronic agreement to receive text messages; E‑sign disclosure
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. To stop receiving text messages from our text message program, simply text STOP to the short code provided in the text messages that you no longer wish to receive. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access, and (ii) either a printer or storage space on such device.
What rules apply?
When you sign up to receive text messages in connection with any of our text message programs, you are agreeing to our Terms of Service including these SMS text message terms set forth in this Section 15 of our Terms of Service.
What are NMP text message programs?
Consistent with applicable law, appropriately aged visitors may from time to time have the opportunity to register for special programs, promotions, services, and information delivered via text messaging and/or wireless devices to users who expressly agree to receive such messages.
Does it cost anything to receive texts from an NMP text message program?
We will not charge you to create or deliver the text messages that are part of any of our text message programs unless otherwise noted at the point where you sign up for the program; however, depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. Thus, your provider’s standard message and data rates may apply. Your consent to receive texts from us is not in any way required as a condition of purchasing property, goods or services from us.
Who can receive texts?
By signing up to receive texts, you represent that you are eighteen (18) years of age or older and that you agree to fulfill the obligations and agree to the terms set forth in these Terms of Service. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign‑up for texts.
What if I don’t want to receive any more texts from an NMP text message program?
To stop receiving text messages from a specific NMP text message program, simply text STOP to the short code provided by us in the text message program texts that you no longer wish to receive. After doing so, you will receive confirmation of your opt‑out via text. If you have signed up for more than one (1) of our text message programs you will need to text STOP to the short code provided in the texts for each text message program from which you wish to no longer receive texts.
What if I want more info?
To request more info, simply send us a message to support@nationalmatchplay.com with any questions you have about the text message program.
How many text messages will I receive?
The number of texts you receive from us may vary significantly, depending in part on the specific text message program you sign up for.
Who are the participating carriers?
Content may not be available on all carriers and carrier participation could change. You may consult with your carrier to see if it participates. The content is not compatible with all cell phone models. We will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.
How are the text messages sent?
We or our vendor who sends the texts may use auto dialer or non‑auto dialer technology to send the text messages described above to the mobile phone number you supply when you request to receive the texts.
What are your privacy practices?
By signing up for texts, you also agree to our Privacy Policy which is incorporated by reference herein.
Will these terms change?
We reserve the right to modify these SMS text message terms, or any part thereof, or add or remove terms at any time, and such modifications, additions, or deletions will be effective immediately upon posting. Your receipt of texts after such posting shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.
18. Notice to Users
NMP may give notice to users of the Services by means of a general notice on or through the Services or by electronic mail to a user’s e‑mail address if on record in NMP’s account information.
19. Indemnification
You agree to indemnify and hold NMP and each of its shareholders, directors, officers, employees, agents, representatives, vendors and business partners, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to: (i) any use of the Services by you or via your account; and (ii) any breach or alleged breach of these Terms of Service.
20. Termination of Service
NMP may change, suspend or discontinue any aspect of the Services at any time without cause and/or notice, and in such case, the NMP Parties shall have no liability to you in connection with such change, suspension or discontinuance. Without limiting the generality of the foregoing, NMP shall have the right to immediately terminate your use of the Services, including without limitation, any Services account(s), or impose limits on certain features and services or restrict your access to parts or all of the Services in the event of any conduct by you which NMP, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 4‑6, 12‑14, 17 and this Section 18, and all other provisions which by their terms or nature should be deemed to survive, shall survive termination of this Agreement.
21. Software
Software and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (A) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, the Sudan, Syria or any other country to which the United States has embargoed goods; or (B) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. NMP does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.
22. Notice of Copyright Infringement
NMP respects the rights of all copyright holders and in this regard, NMP has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe in good faith that your copyrighted work has been reproduced on or linked from the Services without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material that is requested to be removed and information reasonably sufficient to permit us to locate the material; (c) your name, address and daytime telephone number, and an e‑mail address if available, so that we may contact you if necessary; (d) a statement that you have a good‑faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. The copyright agent for notice of claims of infringement in connection with the Services is Crosby & Crosby, APLC, 1570 The Alameda, Ste 200, San Jose, CA 95126.
23. Governing Law
(A) The data/materials and all other content and features on the Services are presented for the purpose of providing entertainment, news, and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
(B) The Services are controlled and operated by us from our offices within the United States. The Services are intended for residents of the United States unless otherwise noted. Residents outside of the United States understand and consent that the data submitted on the Services will be transmitted to and processed within the United States. If you choose to access the Services from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
24. Miscellaneous
These Terms of Service constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and NMP. At any time, NMP in its sole discretion may amend or modify the terms and conditions applicable to your use of the Services (including but not limited to these Terms of Service), or any part thereof, or impose new conditions, including but not limited to, adding fees and charges for use. Such amendments, modifications, changes, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting within the Services, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Service after such notice will constitute acceptance of such amendments, modifications or additions by you. The section headings in these Terms of Service are for convenience only and must not be construed as legal advice to you. No waiver by either party of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Changelog
- March 1, 2023: Added provisions related to photography and videos, payments and refund
