Terms of Service ("TOS")

PLEASE READ THIS DOCUMENT CAREFULLY. TapePlay, LLC ("TapePlay," "we," or "us") offers an online video sharing platform and community through its website located at TapePlay.com (collectively "Services"). By registering as a member, subscriber or by using the TapePlay Services in any way, you accept these Terms of Service ("Agreement"), which forms a legally-binding agreement between you and TapePlay. If you do not wish to be bound by this Agreement, do not use the TapePlay Services.

1. Who May Use The TapePlay Service

AGE REQUIREMENT: You must be at least 13 years old to use the TapePlay Service. Children under the age of 13 years old, or legal guardians acting on their behalf, are strictly prohibited from using the TapePlay Services. If such persons under the age of 13 utilize the TapePlay service against the express instructions of TapePlay, TapePlay is not liable for any third party lawsuits, or other actions, against said participants.

2a. License To Use The TapePlay Services-Players and Unregistered Users

LICENSE: TapePlay grants you a limited, non-exclusive license to access and use the TapePlay Services for your own personal, non-commercial purposes. This includes the right to view Content (see Paragraph 7 below) available on the TapePlay Services. This license is personal to you and may not be assigned, sublicensed or otherwise transferred or sold to anyone else.

COMMERCIAL USE: You may not use the TapePlay Services for any of the following commercial purposes:

  • the sale of access to TapePlay Services;
  • the sale of advertising, sponsorships, or promotions, including links to such, placed on or within the TapePlay Services;
  • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the TapePlay Services;
  • the linking and/or reposting of Content delivered via the TapePlay Services to webpages that contain advertisements; or
  • otherwise selling or profiting, or permitting others to profit from, Content delivered via the TapePlay Services.

RESTRICTIONS: Except as expressly permitted by TapePlay in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the TapePlay Services. Nor will you take any measures to interfere with or damage the TapePlay Services. All rights not expressly granted by TapePlay are reserved.

2b. License To Use The TapePlay Services-Coach and Scout Subscribers

LICENSE: TapePlay grants you a limited, non-exclusive license to access and use the TapePlay Services for your own personal purposes and specified commercial uses as defined below in this section. This includes the right to view Content available on the TapePlay Services. This license is personal to you and may not be assigned, sublicensed or otherwise transferred or sold to anyone else.

COMMERCIAL USE: You may not use the TapePlay Services for commercial purposes beyond athletic recruitment for the school and/or organization with which you are affiliated and for which you have registered your account. You may not use the TapePlay Services to prepare recruiting reels for third-parties and/or otherwise provide broker-like services to parties not associated with your account registration.

RESTRICTIONS: Except as expressly permitted by TapePlay in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the TapePlay Services. Nor will you take any measures to interfere with or damage the TapePlay Services. All rights not expressly granted by TapePlay are reserved.

3. Privacy

Your privacy rights are set forth in our Privacy Policy, which is herein incorporated. Please review the Privacy Notice to learn about:

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information

4. Membership

REGISTRATION: To fully use the TapePlay Services, you must register as a member by providing a name, valid email address, password, birth year, sex and zip code. You must provide complete and accurate registration information to TapePlay and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement. For example (but not limited to), the coach of a college team registering under their name@college.edu account must individually have the authority to make such decisions or have permission from the college and/or the associated organization to do so.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the TapePlay Services. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately at help@tapeplay.com.

5. Subscriptions And Purchases

OPTIONS: In addition to offering (free) Player memberships, we offer Coach and Scout subscriptions. TapePlay Coach and Scout subscribers must purchase a subscription to use certain TapePlay Servicesand/or make specific, limited commercial uses of the TapePlay Services and Content (See Paragraph 2b above). Please see our join page for current features and pricing. Features and prices are subject to change. All fees may be subject to taxes.

CANCELLATION AND REFUNDS: Users who purchase Coach or Scout subscriptions of at least one year will have thirty (30) days after their purchase to cancel and receive a full refund. After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later deleted or terminated by TapePlay (See Paragraph 6 below). If you have questions, please contact help@tapeplay.com.

END OF SUBSCRIPTION: When a TapePlay subscription ends, the account will be deleted and access will be prohibited in accordance with Paragraph 6 below. Notices will be sent via e-mail to remind TapePlay subscribers their subscription is coming to a close.

6. Term And Termination; Account Deletion

TERM: This Agreement begins on the date you first use the TapePlay Services and continues as long as you have an account with us and/or continue to use our Services.

ACCOUNT DELETION: You may delete your account at any time. Any accounts may be deleted from the TapePlay Services if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. However, subscription accounts will remain active until the end of the subscription term; they will not be deleted unless the user fails to re-subscribe within thirty (30) days of their subscription ending.

TERMINATION FOR BREACH: TapePlay may suspend, disable, or delete your account (or any part thereof) or block or remove any Content (See Paragraph 7 below) you submitted if TapePlay determines that you have violated any provision of this Agreement. TAPEPLAY DOES NOT ACTIVELY MONITOR CONTENT POSTED BY USERS OF THE TAPEPLAY SERVICES AND IS NOT RESPONSIBLE FOR CONTENT POSTED BY USERS. TAPEPLAY WILL ONLY REVIEW CONTENT AFTER A USER HAS "FLAGGED" IT AS NOT COMPORTING WITH THIS AGREEMENT. AT SUCH TIME, IN TAPEPLAY’S SOLE DISCRETION, TAPEPLAY MAY CHOOSE (BUT IS NOT OBLIGATED) TO REMOVE THE CONTENT. If TapePlay deletes your account for the foregoing reasons, you may not re-register for and/or use the TapePlay Services. TapePlay may block your email address and Internet protocol address to prevent further registrations, subscriptions, and/or use.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination/deletion, all licenses granted by TapePlay will terminate. Paragraphs 6, 8-10,and 14-17 shall survive termination. In the event of account deletion for any reason, Content that you submitted may no longer be available. TapePlay shall not be responsible for the loss of such Content.

7. Content Restrictions

You may not upload, post, transmit, or link to (collectively, "submit") any video, text, audio recording, or other work (collectively, "Content") that:

  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains sexually explicit material, pornography, or nudity;
  • Contains hateful, defamatory, or discriminatory material or incites hatred against any individual or group;
  • Depicts unlawful acts or extreme violence in a context not related to sports (ex: A regulated boxing match or checking in hockey, even if resulting in serious injury, would be allowed but a fight in a bar would not);
  • Depicts animal cruelty or extreme violence towards animals in a context not related to sports involving humans (ex: Bullfighting or horseback riding/show jumping would be permitted but not cock or dog fighting);
  • Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
  • Violates any federal law or any state or territory law of the United States of America.

All videos you submit must also comply with our Do’s and Don’ts: The Rules of Video, which are herein incorporated into this Agreement.

8. Licenses Granted By You

8.1 Videos

LICENSE TO TapePlay: As between you and TapePlay, you own any underlying rights in the video Content ("Videos") that you submit to the TapePlay Services. For example, you would own any associated copyright or other Intellectual Property in submitted Videos. By submitting a Video you grant TapePlay and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your Videos for the purpose of:

  • displaying Videos within the TapePlay Services;
  • displaying Videos on third party websites and applications through a video embed;
  • allowing other users, subscribers, and members to play and embed Videos on third party websites, subject to your video privacy choices;
  • promoting the TapePlay Services, provided you have made Videos publicly available; and
  • archiving or preserving Videos for disputes, legal proceedings, or investigations.

LICENSE TO OTHER USERS: You further grant all non-registered users and Player members of the TapePlay Services permission to view your Videos for their personal, non-commercial purposes. Additionally, you grant Coach and Scout subscribers permission to view your Videos for the specified, limited commercial purposes described in Paragraph 2b, including, but not limited to, the purpose of athletic recruitment for the school and/or organization they are affiliated with and have registered their account under. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the Videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).

DURATION OF LICENSES: The above licenses will continue unless and until you remove your Videos from the TapePlay Services, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes defined in Paragraph 8(1)(v) will continue indefinitely. Please note that removed Videos may be cached in search engine indices after removal and that TapePlay has no control over such caching.

8.2 Non-Video Content

As between you and TapePlay, you own all underlying rights to non-video content ("NVC") that you submit to the TapePlay Services. You grant TapePlay a perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your NVC. You further grant all users and Player members of the TapePlay Services permission to view your NVC for their personal, non-commercial purposes. Additionally, you grant Scout and Coach subscribers permission to view your NVC for the specified, limited commercial purposes described in Paragraph 2b, including, but not limited to, the purpose of athletic recruitment for the school and/or organization they are affiliated with and have registered their account under. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the Videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).

If you make suggestions to TapePlay on improving or adding new features to the TapePlay Services, TapePlay shall have the right to use your suggestions without any compensation to you.

9. Your Representations And Warranties

For each piece of Content that you submit, you represent and warrant that:

  • you have the right to submit the Content to TapePlay and grant the licenses set forth above in Paragraph 8;
  • TapePlay will not need to obtain licenses from any third party or pay royalties to any third party;
  • the Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and
  • the Content complies with this Agreement and all applicable laws.

10. Indemnification

The User agrees to indemnify, defend, and hold TapePlay harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to the User’s use of TapePlay Services.

11. Corporate Identification, Site Content & Trademarks

All trademarks, service marks and trade names of TapePlay used herein including their logos are trademarks or registered trademarks of TapePlay or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify TapePlay trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without TapePlay's prior consent. The use of TapePlay trademarks on any other website or network computer environment is not allowed. You may not use the TapePlay trademarks as a "hot" link on or to any other website unless establishment of such a link is approved in writing by TapePlay in advance.

12. Trademarks Notice

TAPEPLAY™ is a trademark of TapePlay. Other product and brand names on this site may be trademarks or registered trademarks of their respective owners.

13. Copyright Notice

All content on the website is copyrighted unless otherwise stated in this Agreement. All Content may not be used except as provided in this Agreement or in the text on the website without TapePlay’s express written permission. TapePlay neither warrants nor represents that your use of Content and/or materials displayed on the website will not infringe rights of third parties not owned by or affiliated with TapePlay. Images, photographs, or illustrations displayed on the website are either the property of, or used with permission, by TapePlay. The use of these materials and/or Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on the website. Any unauthorized use of the Content and/or other materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

14. ALLEGED COPYRIGHT INFRINGEMENT AND DMCA §512(c) NOTIFICATION

TapePlay respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), which may be found at http://www.copyright.gov/title17/, with a summary at http://www.copyright.gov/legislation/dmca.pdf, TapePlay will seriously investigate and respond to all claims of copyright infringement, even though users, members, and subscribers agree to indemnify, defend, and hold TapePlay harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to their use of the Site. If you are a copyright holder, or authorized to act on behalf of a party that is the holder of an exclusive right to a copyrighted work, and if you believe that your copyright has been infringed, please send us a notice as set forth below:

  • Specifically identify the work you are claiming to have been infringed. If you are claiming multiple works are being infringed a representative list of the copyrighted works may be submitted instead;
  • Specifically identify the material or link you are claiming to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TapePlay to locate the material. Providing clear URLs is the best way to do this.
  • Provide TapePlay with the following information to contact you:

    Name, position, and organization
    Mailing address
    Telephone number
    Electronic mail address;
  • Submit a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • Submit a statement that the information you have provided in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • Submit your physical or electronic signature. To sign electronically you may begin and end your name or initials with a "forward slash" ("/"). For example, Bob Q. Smith could electronically sign /BQS/ or /Bob Q. Smith/.

In compliance with 17 U.S.C. §512(c)(2), the notice set forth above should be sent to our designated agent:

  • NAME:
  • MAILING ADDRESS:
  • TELEPHONE NUMBER:
  • E-MAIL:
  • FAX NUMBER: (optional)

For other intellectual property or legal claims, please send us a notice at legal@tapeplay.com.

15. Disclaimers

TapePlay reserves the right to modify the TapePlay Services at any time. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the TapePlay Services. TAPEPLAY ONLY SCREENS, MONITORS AND/OR REVIEWS CONTENT THAT HAS BEEN "FLAGGED" BY USERS AS NOT COMPORTING WITH THE TERMS OF THIS AGREEMENT. TapePlay does not guarantee that any Content available on the TapePlay Services complies with this Agreement or is suitable for all users.

TapePlay provides the TapePlay Services on an "as is" and "as available" basis. You therefore use the TapePlay Services at your own risk. TapePlay expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, TapePlay makes no representations or warranties:

  • That the TapePlay Services will be permitted in your jurisdiction;
  • That the TapePlay Services will be uninterrupted or error-free;
  • Concerning any Content submitted by any member;
  • Concerning any third party's use of Content that you submit;
  • That any Content you submit will be made available on TapePlay or will be stored by TapePlay. Even though TapePlay will make every effort to make available user-submitted Content, and does not moderate submissions of Content unless "flagged" as against the terms of this Agreement by another user, we are not able to prevent all technical errors in the Content submission and/or displaying processes. All submitted Content will be posted barring such errors;
  • That the TapePlay Services will meet your business or professional needs;
  • That TapePlay will continue to support any particular feature of the TapePlay Services;
  • Concerning sites and resources outside of the TapePlay Services, even if linked to from the TapePlay Services.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the TapePlay Services, and no warranties shall apply after such period.

16. Limitation Of Liability

To the fullest extent permitted by law:

  • TapePlay shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses and
  • TapePlay's total liability to you shall not exceed the amounts paid by you to TapePlay over the twelve (12) months preceding your claim(s).

17. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of Illinois, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: You and TapePlay agree to proceed with mediation in Cook County, Illinois in a first attempt to resolve any alleged claim against TapePlay. If no resolution is reached, any action arising out of or relating to this Agreement or your use of the TapePlay Services must be commenced in the state or federal courts located in Cook County, Illinois, United States of America (and you consent to the jurisdiction of those courts). In any such action, TapePlay and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by TapePlay in exercising any right hereunder will waive any further exercise of that right. TapePlay's rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without TapePlay’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from TapePlay electronically. TapePlay may provide all such communications by email or by posting them on the TapePlay Service. For support-related inquiries, you may send an email to help@tapeplay.com.

You may send notices of a legal nature to TapePlay at legal@tapeplay.com or the following address:

  • TapePlay, LLC
  • P.O. Box 10587
  • Chicago, IL 60610

Nothing herein shall limit TapePlay’s right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by TapePlay on the TapePlay Site or a written amendment signed by an authorized representative of TapePlay. A revised Terms of Service will be effective as of the date it is posted on the TapePlay Site.

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

  • Privacy Notice
  • Do’s and Don’ts: The Rules of Video

©2012 TapePlay, LLC. All rights reserved.