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RYP VIP SUBSCRIPTION TERMS

August 2022

RYP Midco, LLC (“RYP” or “we”, “our” or “us”) operates the RunYourPool.com platform (the “Platform”), including the optional service of subscription packages to RYP VIP which give you the right to access certain content, premium chat functions, and sweepstakes with guaranteed prizes via a recurring subscription or one-time payment (“RYP VIP” or the “Subscription Service”).

These Subscription Terms & Conditions (“Agreement”) apply specifically to the RYP VIP and govern your rights and obligations specific to your use of the Subscription Service. All information collected about you in connection with your subscription will be governed by our Privacy Policy. All other terms between you and us governing your use of our Platform and the Subscription Service can be found in our Terms of Service. By completing your purchase of the Subscription Service and/or using the Subscription Service, you are confirming your agreement to the terms of this Agreement as well as our Terms of Service and Privacy Policy.

In addition, RYP reserves the right to terminate access to the Subscription Service or its sweepstakes for any reason, and to take any other actions that RYP, in its sole discretion, believes to be in the interest of the company and some or all of its users and customers. RYP reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice. Please note that RunYourPool.com and the Subscription Service are under constant development. This Agreement may therefore be modified and updated on an ongoing basis. Please check back to this page regularly.

SUBSCRIPTION TERMS

We offer subscription plans with monthly or yearly subscription periods. In each case, your subscription will continue to renew on a monthly or yearly basis (depending on your plan) without renewal notices unless and until you cancel by following the steps set forth in the “Cancellation” section below. From time to time we may offer special subscription plans, including special promotional plans or subscription plans offered by third parties in conjunction with the purchase of their own products and services. We are not responsible for the products and services provided by such third parties. The conditions and limitations of each subscription plan will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription plan at any time in your “Account” link.

If you choose to purchase a one-time event, the applicable event page or notice will set forth the price for that event and the time period during which you will have access to the live stream and (if applicable) replays of the event.

When purchasing a subscription, the starting and ending dates are unchangeable. You may not pause or resume your subscription for any reason.

CANCELLATION

You may cancel a recurring subscription, including any free trial, at any time by going to your “Account” link and clicking “Cancel Subscription” in the “Billing Information” section. You must cancel your subscription prior to the commencement of the next subscription period to avoid being charged for that period. If you cancel your subscription, your account will automatically close at the end of your current subscription period.

One-time purchases of specific events cannot be canceled once processed.

ACCOUNT CREDENTIALS AND SECURITY

Use of some of our services, including registration for an account and/or subscription for RunYourPool.com, requires the creation of an online account log-in and password (the “Credentials”). You are responsible for maintaining the confidentiality of your Credentials, and you are solely responsible for all activities that occur during use of your account. You agree to immediately change your password and notify us at support@runyourpool.com if you suspect or become aware of any unauthorized use of your Credentials or any other breach of security related to the Services. We reserve the right to require you to alter your Credentials if we believe that they are no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to adequately safeguard your Credentials.

SUBSCRIPTION PAYMENTS

Your subscription begins as soon as your initial payment is processed. You will be charged for a monthly subscription on the ‘monthly anniversary’ of the day you purchased your subscription (e.g., if you purchased on August 24th, you will be charged 30 days later on September 23rd, etc.) . You will be charged for renewals of a yearly subscription plan on each anniversary of your purchase. To see your next payment date, visit the “Billing Information” section of your “Account” page.

When ordering a subscription or making a one-time purchase, you will be required to provide us with a valid payment method. If you make any changes to the payment method associated with your account, you must update the applicable information in the “Billing Information” section of your “My Account” page. Failure to do so may lead to a cancellation of your subscription and/or your loss of access to the Subscription Service.

Any prices quoted will not include any additional data, internet or other telecommunication charges that may be charged by your internet or mobile provider. You are solely responsible for any such charges.

NO REFUNDS

All payments made hereunder are non-refundable, even if you cancel your subscription in the middle of a monthly or annual subscription period. Nevertheless, at any time, and for any reason, we may choose to provide a refund, discount, or other consideration to you or any of our other subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. Our choice to give a credit to you or any other subscriber in one instance does not entitle you to credits in the future for similar instances, or under any other circumstance.

Without limiting the foregoing, you accept full responsibility for confirming that any applicable device you use and its related internet, data or telecommunication plan is compatible with and suitable for the content purchased, streamed, rented or otherwise obtained by you through the Subscription Service.

We reserve the right to cancel your subscription without a refund in the event we discover a breach of contract or gaming of the system such as abusing coupon codes to give you multiplied discounted rates.

We do not offer refunds for unsatisfactory opinions. Our service is for analysis and data of sports. How you choose to use this analysis and data is your responsibility and RYP is not responsible for individual results. RYP will not provide refunds under any such circumstances.

ACCEPTABLE USE POLICY

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Subscription Service, and you agree not to engage in unacceptable use of RYP VIP, which includes, without limitation, use of RYP VIP to:

  • Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
  • Post or transmit any information that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
  • Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
  • Impersonate any person or entity (including a RYP agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Sites for such purpose;
  • Disseminate or transmit any text, image or file that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
  • Violate any law (whether local, state, national, or international), whether or not intentionally;
  • Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt RYP, or servers or networks connected to RYP; or disobey any requirements, procedures, policies, or regulations of networks connected to RYP;
  • Express or imply that any statements you make are endorsed by us;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of RunYourPool.com;
  • Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, RunYourPool.com or its contents;
  • Remove any copyright, trademark or other proprietary rights notices contained in RunYourPool.com;
  • ”Frame” or “mirror” any part of RunYourPool.com; or
  • Engage in any other activity deemed by RYP to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.

You understand that by using the Subscription Service, you may be exposed to content that may offend you or challenge your beliefs. Your remedy is to avoid such content by discontinuing your access.

PROHIBITIONS

While we may make the Subscription Service accessible through multiple devices, you may only access it on one device at a time and only under your account. You are strictly prohibited from sharing your RYP account information with others and/or simultaneously accessing multiple streams of content under a single account across multiple devices. You are also prohibited from removing, disabling or otherwise interfering with any digital rights management protection associated with content provided hereunder.

You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of RYP VIP nor transfer to or store any data residing or exchanged over RYP VIP in any electronic network for use by more than one user unless you obtain prior written permission from RYP. Specifically, unless explicitly authorized in this Agreement or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from RYP VIP. For more information about requesting permission to reproduce or distribute materials from RYP VIP, contact VIPSupport@RunYourPool.com.

Any violation of the foregoing prohibitions will lead to an immediate suspension or termination of your account.

CHANGES

We reserve the right to make changes to the features offered under your subscription plan at any time. In addition, we may change your monthly subscription fee (if a monthly subscription) or annual renewal fee (if an annual subscription) at any time in our sole discretion; however, any price changes will not be implemented until your next subscription period and we will always give you reasonable notice prior to such implementation. If you do not agree to the new fee, you can cancel your subscription before your next subscription period by following the cancellation steps set forth above. If you do not cancel, you will be charged the new fee commencing with the next subscription period.

SEVERABILITY

If any provision or portion of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

INCORPORATION OF OTHER AGREEMENTS

This Agreement supplements our Terms of Service and Privacy Policy, the provisions of which are hereby incorporated by this reference and constitute the remainder of the terms governing your use of the Platform and Subscription Service.

Please contact us at VIPSupport@RunYourPool.com with any questions regarding this Agreement.