Privacy

Trophycase®

TropheCase,Inc.

Terms of Use

Date of Last Revision: 1/1/2024

WELCOME TO https://www.trophycase.io/. TropheCase, Inc. (“TropheCase”) provides aservice through its website and would like you to access or otherwise use theapplications, scripts, instruction sets, and any related documentation providedby this website (collectively, the “Software”), subject to the following:

This is a legal agreement (“Agreement”) between you and TropheCase.  As used herein, “you” means a user of theSoftware, and in addition, when the user of the Software is a school and/orschool district or other educational organization or institution (an “Entity”),the term “you” also includes such Entity. You should carefully read thisAgreement, the TropheCase Privacy Policy https://www.trophycase.io/, theTropheCase COPPA Privacy Policy https://www.trophycase.io/ (the TropheCasePrivacy Policy and TropheCase COPPA Policy are collectively referred to hereinas the “Privacy Policies”), and the TropheCase Cookie Policyhttps://www.trophycase.io/, all of which are incorporated into and made a partof this Agreement.  By using theSoftware, you agree to this Agreement. If you have entered into another agreement with TropheCase concerningthe Software, then the terms of that agreement controls where it conflicts withthis Agreement.

This Agreement not only governs your use of the Software, but also governs the useof the Software of any person, entity, organization, or otherwise, to which youprovide access to the use of the Software. If you do not wish to agree to be bound by this Agreement, you are notpermitted to access or use the Software. If you access or use the Software, this Agreement will apply to youunless TropheCase otherwise agrees in writing that some or all of the terms ofthis Agreement will not apply to you.

1.         Changes to this Agreement.       TropheCase reserves the right to change,modify, add to, supplement or delete any of the terms and conditions of thisAgreement (including the Privacy Policies and Cookie Policy, as providedtherein, which are incorporated into, a part of this Agreement) at any timefrom time to time.  If any future changesto this Agreement are unacceptable to you or cause you to no longer be incompliance with this Agreement, you must immediately stop using the Software.  Your use of the Software following anyrevision to this Agreement constitutes your acceptance of any all suchchanges.  You may reject any changes byceasing all use of the Software.

2.         Access to the Software.

2.1       Non-Exclusive; Non-Commercial Use.  Subject to your acceptance of and compliancewith this Agreement, TropheCase grants you a non-exclusive, non-transferable,revocable limited license to use the Software for your personal non-commercial,private use.  You agree not to use theSoftware for any commercial purposes, or to download, save, copy, transmit, ordistribute the content of the Software, including without limitation, the followingrestrictions:

(a)        You may not modify, alter, or otherwisechange the content of this Software in any way or reproduce or publiclydisplay, perform, distribute, or otherwise use the content of this Software forany public, educational, or commercial purpose; and

(b)        You may not use any of the content ofthis Software on any other website or networked computer environment for anypurpose, unless specifically approved in writing by TropheCase.

Your use of the Software is conditioned upon your compliance with this Agreement;any use of the Software in violation of this Agreement will be regarded as aninfringement of TropheCase’s copyrights, trademarks, or other rights in and tothe Software.  If TropheCase has anybelief or reason to believe you may have violated this Agreement, TropheCasemay terminate your authorization to use the Software and you must immediatelycease any use of the Software and destroy any and all downloaded or printedcontent. Any rights not expressly granted herein are reserved to TropheCase.

2.2       Eligibility.  You may only use this Software if you areallowed by law to enter into a binding contract, and you are in compliance withall applicable federal, state, and local laws (and all regulations and rulesthereunder).

2.3       Passwords/Account.  You are responsible for all actions on theSoftware by you or under your Software password or account and for taking allreasonable steps to ensure that no unauthorized persons shall have access toyour Software password or account. Without limiting the foregoing: (a) it is your sole responsibility tocontrol the dissemination and use of any login code and password; (b)authorize, monitor, and control access to and use of your Software account andpassword; and (c) promptly inform TropheCase of any need to deactivate apassword.  You grant TropheCase and allother persons or entities involved in the operation of the Software the rightto transmit, monitor, retrieve, store, and use any information recorded and/orstored in your account in connection with the operation of the Software.

2.4       Compliance with Family Educational Rightsand Privacy Act (“FERPA”).  By using theSoftware, any Educational Institutions or Educational Agencies, as those termsare defined under FERPA (“Educational Institution” or Agency”), certify thatthey are in full compliance with FERPA. If we determine, in our sole discretion, that an Educational Institutionor Agency is in violation of any of the provisions of FERPA, we reserve the rightto immediately terminate such Educational Institution or Agency’s right to useand access the Software.  However, thefailure to terminate shall not be construed as an endorsement of theEducational Institution or Agency’s compliance with FERPA.

2.5        Compliancewith Children’s Online Privacy Protection Act (“COPPA”).  If you are an Entity authorizing a studentunder the age of thirteen (13) to access, or providing such a student withaccess to, or use of, the Software, you hereby represent and warrant that suchstudent’s parents or guardians have agreed to the terms of this Agreement andthe Privacy Policies on behalf of such student, that you have obtained allparental consents and permissions in connection with the access to, and use of,the Software, and you will otherwise comply with all federal, state, and locallaws (and all regulations and rules thereunder) governing such studentaccessing and using the Software, including without limitation, COPPA. If wedetermine, in our sole discretion, that an Entity is in violation of any of theprovisions of COPPA, we reserve the right to immediately terminate suchEntity’s right to access or use the Software.

3.         Your Content.

3.1       You may own any unique or novelinformation or material (the “Content”) that you transmit, post, or otherwiseupload in connection with your use of the Software. As between you andTropheCase, you grant TropheCase a worldwide, irrevocable, royalty-free, perpetual,transferable, and sublicensable right to copy, disclose, distribute,incorporate, translate, and otherwise use the Content and all related data,images, sound, and text for any and all purposes without any further consent,notice, and/or compensation to you or others. Content is considerednon-confidential and TropheCase has no obligations with respect to the Content.You may terminate this license for Content by deleting such Content from youraccount or terminating your account, provided, however, that this license shallremain in effect for the Content copied, re-uploaded, or stored by other usersof the Software.  You agree to allow fordeletion of your Content from the Software as provided herein for a reasonableperiod after termination of your account.

3.2       TropheCase reserves the right, in itssole discretion on a case-by-case basis, to remove, reject, or otherwisemodify, any Content or any portion(s) thereof. TropheCase is not a storageservice, therefore, you agree that TropheCase may delete any Content and has noobligation to store, maintain, or provide you with a copy of any Content thatyou or others provide, except to the extent required by applicable law.

3.3       TropheCase may, but is not obligated to,monitor or review any Content, including, but not limited to, discussiongroups, bulletin boards, blogs or other user forums. By transmitting anyContent in connection with your use of the Software, you warrant that:

(a)        you have full authority to transmit theContent;

(b)        you are the sole owner of the Contentand/or the Content constitutes material in the public domain; and

(c)        neither the Content nor any part(s) ofthe Content will:

(i)         infringe any copyright or otherintellectual property rights or violate any proprietary rights or rights ofpublicity or privacy;

(ii)         contain any scandalous, libelous, orunlawful matter; or

(iii)      contain any formula, process,instruction, or other material that is injurious to a person or property.

4.         Links to Third-Party Websites.   TropheCase may provide links to third-partywebsites or services, or information about third-party products or services.You should review the terms of use and privacy policies of all sites andservices you link to and from our Software or are referred to by ourSoftware.  TropheCase does not endorse ortake responsibility for third-party websites or services and/or theircontent.  TropheCase does not vet or takeresponsibility for third-party sites, services, products, content, or thepostings or communications of other users. If you decide to access any of the third-party sites linked to thisSoftware, you do so entirely at your own risk.

5.         Your Conduct.  

5.1       TropheCase does not tolerate content thatis objectionable, abusive, or harmful to other users or the Software.Therefore, you are prohibited from:

(a)        Uploading files that contain software orother material protected by intellectual property laws (or by rights of privacyor publicity) unless you own or control the rights thereto or have received allnecessary consents;

(b)        Uploading files that contain viruses,Trojan Horses, bots, crawlers, cookies, corrupted files, or any other similarsoftware or programs that may damage the operation of another's computer;

(c)        Overriding any security feature used onthe Software;

(d)        Placing an unreasonable load on theSoftware’s servers;

(e)        Creating an account using a falseidentity, misrepresenting your identity, creating an account for anyone otherthan you, or using anyone else’s account;

(f)        Implying any affiliation withTropheCase;

(g)        Advertising or offering to sell or buyany goods or services;

(h)        Falsifying or deleting any authorattributions, legal or other proper notices or proprietary designations orlabels of the origin or source of software or other material contained in afile that is uploaded;

(i)         Restricting or inhibiting any otheruser from transmitting or posting Content;

(j)         Harvesting or otherwise collecting anyinformation about others, including email addresses;

(k)        Harassing, inciting, or advocatingharassment of any group or individual; or

(l)         Posting Content that is implicitly orexplicitly offensive, such as Content that engages in, endorses or promotesracism, bigotry, discrimination, hatred, or physical harm of any kind againstany group or individual.

5.2       TropheCase reserves the right to limityour use of the Software, including your ability to contact other users of theSoftware.  TropheCase reserves the rightto restrict, suspend, or terminate your account or use of the Software ifTropheCase believes that you may be misusing the Software, you are in breach ofthis Agreement, or any law.

5.3       If you believe that a user is uploadingContent which is in violation of this Agreement, you may report such infringingcontent at [EMAIL LINK]. TropheCase will review these reports and blockinfringing content within twenty-four (24) hours of receipt of the report.  Additionally, you may [mute/block] any useron the Software.

6.         Intellectual Property.  Unless otherwise specified in writing, allmaterials that are part of the Software are owned, controlled, or licensed byTropheCase and its licensors and are protected by law from unauthorizeduse.  The entire contents of the Software(including, without limitation, all visual content, audio visual content, text,and the arrangement, sequence, structure, and organization of the Software) arecopyrighted under the United States copyright laws and/or similar laws of otherjurisdictions.  TropheCase and TropheCaselogos are trademarks of TropheCase and may not be used without the expresswritten permission of TropheCase.  You donot acquire any ownership rights by using the Software or downloading materialfrom the Software.

7.         Fees and Payment.

7.1       Taxes and Third-Party Fees. You must payany applicable taxes, and any applicable third-party fee (including, forexample telephone toll charges, mobile carrier fees, ISP charges, data plancharges, credit card fees, foreign exchange fees). We are not responsible forthese fees. We may take steps to collect the fees you owe us. You areresponsible for all related collection costs and expenses.

7.2       Credit Card Information. If you do notnotify us of updates to your payment method, to avoid interruption of your useof the Software, we may participate in programs supported by your card providerto try to update your payment information, and you authorize us to continuebilling your account with the updated information that we obtain.

8.         Objectionable Content/CopyrightTakedown. If you believe your rights have been violated by, or you otherwiseobject to, any posting, content, or information on the Software, please contactus promptly at support@trophycase.app so we can evaluate the claim and takeappropriate action.

9.         Disclaimers; Limitations; Waivers ofLiability.

9.1       YOU EXPRESSLY AGREE THAT USE OF THESOFTWARE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUTWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITEDTO, WARRANTIES TO TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  WITHOUT LIMITING THE FOREGOING, NEITHERTROPHECASE NOR ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OR ANY OF THEIRDIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENTPROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEENINVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE(COLLECTIVELY, “TROPHECASE PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THEINFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED,UNCORRUPTED, ACCURATE, RELIABLE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTSWILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SOFTWAREAVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.

9.2       TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, THE TROPHECASE PARTIES WILL NOT BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONALINJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESSINTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVERARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THETROPHECASE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENTTHAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENTJURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE TROPHECASEPARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT YOUHAVE PAID TROPHECASE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ONWHICH YOU FIRST ASSERT ANY SUCH CLAIM OR ONE HUNDRED DOLLARS.

9.3       TO THE FULLEST EXTENT PERMITTED BY LAW,THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURYWHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICEUNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION,ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDINGNEGLIGENCE).

10.       Third Party Claims.  You agree to hold harmless the TropheCaseParties from and against all third-party claims and actions brought against theTropheCase Parties arising out of your use of the Software or that of anyindividual you provide access to use the Software and/or your breach or allegedbreach, or that of any individual you provide access to use the Software, ofany term, condition, obligation, representation or warranty in this Agreement,including by paying all attorneys’ fees and costs to defend such claims andactions and all awards, damages, costs and expenses arising therefrom. Youagree that the provisions in this paragraph will survive any termination ofyour account(s), the Software, or this Agreement

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11.       Governing Law/Waiver of InjunctiveRelief.

11.1      This Agreement and all aspects of theSoftware will be governed by and construed in accordance with the internal lawsof the United States and the State of New York governing contracts entered intoand to be fully performed in the State of New York (i.e., without regard toconflict of laws provisions) regardless of your location. With respect to anydisputes or claims not subject to informal dispute resolution or arbitration(as set forth below), you agree not to commence or prosecute any action in connectiontherewith other than in the state courts located in the State of New York, andyou hereby consent to, and waive all defenses of lack of personal jurisdictionand forum non conveniens with respect to, venue and jurisdiction in the statecourts located in the State of New York.

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11.2      To expedite resolution and control thecost of any dispute, controversy or claim related to this Agreement(“Dispute”), you and TropheCase agree to first attempt to negotiate any Dispute(except those Disputes expressly provided below) informally for at least thirty(30) days before initiating any arbitration or court proceeding. Such informalnegotiations commence upon written notice from one person to the other. Youwill send your notice to TropheCase, Inc. (ATTENTION:https://www.trophycase.io/).

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11.3      If you and TropheCase are unable toresolve a Dispute through informal negotiations within thirty (30) days, eitheryou or TropheCase may elect to have the Dispute (except those Disputesexpressly excluded below) finally and exclusively resolved by bindingarbitration. Any election to arbitrate by one party will be final and bindingon the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THERIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commencedand conducted under the Streamlined Arbitration Rules and Procedures (the“Rules”) of JAMS, which is available at the JAMS website www.jamsadr.com. Thedetermination of whether a Dispute is subject to arbitration will be governedby the Federal Arbitration Act and determined by a court rather than anarbitrator. Your arbitration fees and your share of arbitrator compensationwill be governed by the Rules. The arbitration may be conducted in person,through the submission of documents, by phone or online. The arbitrator willmake a decision in writing but need not provide a statement of reasons unlessrequested by a party. The arbitrator must follow applicable law, and any awardmay be challenged if the arbitrator fails to do so. Except as otherwiseprovided in this Agreement, you and TropheCase may litigate in court to compelarbitration, stay proceedings pending arbitration, or to confirm, modify,vacate or enter judgment on the award entered by the arbitrator.

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11.4      You and TropheCase agree that anyarbitration will be limited to the Dispute between TropheCase and youindividually. To the full extent permitted by law, (a) no arbitration will bejoined with any other; (b) there is no right or authority for any Dispute to bearbitrated on a class-action basis or to utilize class action procedures; and(c) there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.

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11.5      You and TropheCase agree that thefollowing Disputes are not subject to the above provisions concerning informalnegotiations and binding arbitration: (a) any Disputes seeking to enforce orprotect, or concerning the validity of, any of your or TropheCase’sintellectual property rights; (b) any Dispute related to, or arising from,allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)any claim for injunctive relief.

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12.       Waiver/Severability.

12.1      The failure of TropheCase to require orenforce strict performance by you of any provision of this Agreement or toexercise any right under them will not be construed as a waiver orrelinquishment of TropheCase’s right to assert or rely upon any such provisionor right in that or any other instance.

12.2      You and TropheCase agree that if anyportion of this Agreement, except any portion of Section 11.5, is found illegalor unenforceable, in whole or in part by any court of competent jurisdiction,such provision will, as to such jurisdiction, be ineffective to the extent ofsuch determination of invalidity or unenforceability without affecting thevalidity or enforceability thereof in any other manner or jurisdiction andwithout affecting the remaining provisions of this Agreement, which willcontinue to be in full force and effect. If Section 11.5 is found to be illegalor unenforceable then neither you nor TropheCase will elect to arbitrate anyDispute falling within that portion of Section 11.5 found to be illegal orunenforceable and such Dispute will be decided by a court of competentjurisdiction in the state courts located in the State of New York, AlbanyCounty,  and you and TropheCase agree tosubmit to the personal jurisdiction of that court.

13.       Miscellaneous.  TropheCase operates and controls the Softwarefrom its offices in North America. TropheCase makes no representation that theSoftware is appropriate or available in other locations. The information providedon the Software is not intended for distribution to or use by any person orentity in any jurisdiction or country where such distribution or use would becontrary to law or regulation or which would subject TropheCase to anyregistration requirement within such jurisdiction or country. Accordingly,those persons who choose to access the Software from other locations do so ontheir own initiative and are solely responsible for compliance with local laws,if and to the extent local laws are applicable. This Agreement is effectiveuntil terminated by either party. You may terminate this Agreement bydestroying all Software-related materials obtained from the Software,TropheCase, or any other website or source. The privileges granted to you underthis Agreement will terminate immediately and automatically without notice fromTropheCase if, in our sole discretion, you fail to comply with any term orprovision of this Agreement or for any reason in TropheCase’s sole discretion.Neither the course of conduct between the parties nor trade practice will actto modify this Agreement to any party at any time without any notice to you.You may not assign this Agreement without TropheCase’s prior written consent,which may be withheld in TropheCase’s sole discretion, and any assignmentwithout such consent shall be deemed null and void. Such anti-assignmentprovision shall not apply to any Entity that has a right to assign its writtenagreement with TropheCase relating to the Software. This Agreement contains theentire understanding of you and TropheCase and supersedes all priorunderstandings between the parties concerning its subject matter and cannot bechanged or modified by you. The section headings used in this Agreement are forconvenience only and will not be given any legal import. Upon TropheCase’srequest, you will furnish TropheCase any documentation, substantiation orreleases necessary to verify your compliance with this Agreement. You agreethat this Agreement will not be construed against TropheCase by virtue ofhaving drafted it. You hereby waive any and all defenses you may have based onthe electronic form of this Agreement and the lack of signing by the partieshereto to execute this Agreement.

13.       Statute of Limitations. You andTropheCase both agree that regardless of any statute or law to the contrary,any claim or cause of action arising out of or related to use of the Softwareor this Agreement (including the Privacy Policies) must be filed within ONE (1)YEAR after such claim or cause of action arose or will be forever barred.

TropheCase,Inc.

PrivacyPolicy

Dateof Last Revision: https://www.trophycase.io/

TropheCase,Inc. (“TropheCase”) has created this privacy policy in order to state anddemonstrate our commitment to the privacy of our customers.  Because we gather important information fromour customers and visitors pursuant to their use of our applications, scripts,instruction sets, and any related documentation (collectively, the “Software”),we have established this privacy policy as a means to communicate ourinformation gathering and dissemination practices.  This Privacy Policy (“Privacy Policy”) iseffective with respect to any data that we have or will collect from “you” or“User” or about “you” or “User” in accordance with our Terms of Use (availableat http:/https://www.trophycase.io/).

Ifyou have any questions or comments, or if you want to update, delete, or changeany personal information we hold or notification settings on your account, oryou have a concern about the way in which we have handled any privacy matter,please contact us at:

support@trophecase.com

ENGAGEMENTSOFTWARE

TheSoftware is used for the purposes of allowing athletes to track their personalsports statistical data while showcasing their data on an innovative sportsnetworking platform.

COLLECTIONOF DATA

Usersapprove and consent to our use, storage and dissemination of information,including but not limited to: your name, date of birth, address, phone number,e-mail address, school and graduation year, employer, clubs and organizationsto which you belong or otherwise engage in sports activities (“Organizations”),profile photograph, and the identity and location of the Organization(collectively, the “Collected Data”). Collected Data of Users will be disseminated among certain Users asneeded to accomplish the intended purpose of the Software.

TropheCasemay use certain technologies such as cookies, pixel tags and web beacons,browser analysis tools and web server logs to collect the Collected Data.    

USEOF COLLECTED DATA

Byusing the Software to upload content, you agree to the collection anddissemination of any Collected Data that we receive automatically or that youprovide to us for the purpose of using or gaining access to the Software, orfor any other purposes with your consent. Users also agree that all parties licensed to use the Software will bepermitted to contact the User in the future regarding similar serviceopportunities unless User has opted not to receive these notifications.  Under no circumstances do we sell informationto third party advertisers to assist in the marketing of products or servicesto our Users.

Asfurther described in the Cookie Policy https://www.trophycase.io/, TropheCaseuses cookies and similar technologies to recognize the User and/or he, she, orit’s device(s) on, off, and across different devices. TropheCase also allowssome third-parties to use cookies as described in the Cookie Policy.  The User can control cookies through his,hers, or its browser settings and other tools. User can also opt-out from TropheCase’s use of cookies and similartechnologies that track User behavior on sites owned by third-parties forthird-party advertising by contacting TropheCase at https://www.trophycase.io/or by ceasing the use of the Software.

LIMITATIONSAND RESTRICTIONS ON USE OF COLLECTED DATA BY THIRD PARTIES

Byusing this Software, you agree that you will uphold all of the commitments andrepresentations in this Privacy Policy, the COPPA Privacy Policy, the Terms ofUse and the Cookie Policy with regard to the collection, safeguarding anddissemination of Collected Data that you have access to pursuant to your use ofthe Software.  You further agree torequire any parties with which you share any Collected Data to comply with thesame.

COMPLIANCEWITH THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (“FERPA”)

Byusing the Software, any Educational Institutions or Educational Agencies, asthose terms are defined under FERPA (“Educational Institution or Agency”),certify that they are in full compliance with FERPA.  If we determine, in our sole discretion, thatan Educational Institution or Agency is in violation of any of the provisionsof FERPA, we reserve the right to immediately terminate such EducationalInstitution or Agency’s right to use and access the Software. However, anyfailure to terminate pursuant to this Privacy Policy shall not be construed asan endorsement of the Educational Institution or Agency’s compliance withFERPA.

COMPLIANCEWITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”)

Anychild at least 13 years old or younger, must have parental consent to access oruse our Software.  Please carefully readthe COPPA Privacy Policy https://www.trophycase.io/

COOKIEPOLICY

TropheCaseuses cookies to deliver content specific to your interests and to improve theconvenience and efficiency of your experience when using our products andservices. A cookie is a piece of data stored on the user’s hard drive tied tostatistical information about the user. Usage of a cookie is in no way linkedto any personally identifiable information in TropheCase products and emailmessages. You can always choose to not accept cookies, but you may not be ableto use some of the TropheCase products and services.  Please carefully read the TropheCase CookiePolicy https://www.trophycase.io/

ONLINETRACKING/DO NOT TRACK

Wedo not track our visitors across third party web sites to provide targetedadvertising and therefore we do not respond to Do Not Track (DNT) signals.  However, some third-party sites do keep trackof your browsing activities when they serve you content, which enables them totailor what they present to you.  If youare visiting such sites, your internet browser may allow you to set the DNTsignal on your browser so that third parties (particularly advertisers) knowyou do not want to be tracked.

USERCHOICE AND ACCESS

Wedo our best to keep your data accurate and up to date, to the extent that youprovide us with the information we need to do that. If your data changes (likea new email address), then you’re responsible for notifying us of thosechanges.

Wewill retain your information for as long as your account is active or as longas needed to provide you services. We may also retain and use your informationin order to comply with our legal obligations, resolve disputes, prevent abuse,and enforce our agreements.

Wewill provide a User access to any personal information we hold about themwithin 30 days of any request for that information. Users may request thisinformation from us by contacting us using the contact information providedabove. Unless it’s prohibited by law, we will remove any personal informationabout a User from our servers at their request. There is no charge for a Userto access or update their personal information.

SECURITY

Protectingyour information is important to us. This means you submit sensitive information to our Software with theassurance that all the information sent to us, if in an SSL session, isencrypted, protecting against disclosure to third parties.  We use various technologies and processes toprotect your data, and we limit the information we provide to outside companieswith whom we contract to what they need to carry out their responsibilities.

DISCLOSUREOF DATA

TropheCasewill only disclose your Collected Data (as defined above under the topicCollection of Data) if required to do so by law, or as otherwise stated in thisPrivacy Policy, or in the good faith belief that such action is necessary to:(1) conform to the edicts of the law or comply with legal process served onTropheCase; (2) protect and defend the rights or property of TropheCase andothers, including among other things to enforce our Terms of Use; (3) act underexigent circumstances to protect the personal safety of its members or thepublic; (4) to correct technical problems and malfunctions in how we provideour Software to you and to technically process your information; (5) to takeprecautions against liability; (6) to respond to claims that information youhave submitted to TropheCase has violated the rights or interests of a thirdparty; or (7) as permitted by law or to provide information to law enforcementagencies. Also, certain technical processing of User content is required for:(1) providing the services contemplated by the Software; (2) conforming totechnical requirements of connecting networks; (3) conforming to thelimitations of the Software; or (4) other similar technical connectingrequirements.

Wemay disclose aggregated information about our Users and information that doesnot personally identify any User, without restriction.

OTHERWEB SITES; LINKS

TropheCase’sweb site may contain links to other websites. TropheCase is not responsible forthe privacy practices or the content of such web sites.

Asdescribed above, third parties may independently collect information about youwhen you view ads or other communications from third parties through TropheCaseproducts or services. If you do not want those companies to collect informationabout you, please contact them directly.

SOCIALMEDIA PLATFORMS

Ourweb site includes social media features, like a Facebook login button forallowing users to comment on blog articles. These features may collectinformation about your IP address and which page you’re visiting on our site,and they may set a cookie to make sure the feature functions properly. Socialmedia features and widgets are either hosted by a third party or hosteddirectly on our site. We also maintain presences on social media platforms likeFacebook, Twitter, Instagram, and LinkedIn. Any information, communications, ormaterials you submit to us via a social media platform is done at your own riskwithout any expectation of privacy. We cannot control the actions of otherusers of these platforms or the actions of the platforms themselves. Your interactionswith those features and platforms are governed by the privacy policies of thecompanies that provide them. We encourage you to read the privacy policies orstatements of each and every website you visit.

NOTICEOF BREACH OF SECURITY

Nobodyis safe from hackers. If a security breach causes an unauthorized intrusioninto our system that materially affects you, we will notify you as soon aspracticable after we become aware of the breach, as required by law.

WEOPERATE IN THE UNITED STATES

Ourservers and offices are located in the United States, so your information maybe transferred to, stored, or processed in the United States. While the dataprotection, privacy, and other laws of the United States might not be ascomprehensive as those in your country, we take many steps to protect yourprivacy, including offering a data processing agreement. By using theTropheCase web site, you understand and consent to the collection, storage,processing, and transfer of your information to our facilities in the UnitedStates and those third parties with whom we share it as described in thispolicy.

NOLIABILITY

Youunderstand that electronic communications may be accessed by unauthorizedparties when communicated across the Internet, network communicationsfacilities, or other electronic means. You agree that we are not responsible for any electronic communicationand/or any of your data which may be lost, altered, intercepted or storedwithout authorization during the transmission of any data whatsoever acrossnetworks not owned and/or operated by us. We do not guarantee that your information will not be misused ordisclosed to third parties.  We will nothave any liability to you for any such misuse or disclosure.

CONSENT

Byusing our Software, you consent to the collection and use of your informationas set forth in this Privacy Policy. TropheCase reserves the right to make changes to this Privacy Policy andto our information gathering and dissemination practices.  If we decide to change this Privacy Policy,which we may do at any time without notice to you, we will post those changeson this page.  We suggest that youperiodically check the site for changes to this Privacy Policy.

Ifas a result of a Privacy Policy change, any User’s personally identifiableinformation will be used in a manner different from that stated at the time ofcollection, the affected Users will be given a choice as to acceptance of newterms.  In such a case, TropheCase willprovide notification of the change with a minimum of thirty (30) business daysprior to the changes taking effect using an overlay on the TropheCase home page(available at http://https://www.trophycase.io/).

QUESTIONSABOUT THIS PRIVACY POLICY

Ifyou have any questions or concerns regarding this Privacy Policy, or thecontent or practices of TropheCase.com, you may contact TropheCase by e-mail atcontactus@TropheCase.com during regular business hours (9-5 EST, Mon-Fri).

TropheCase,Inc.

COPPAPrivacy Policy

TropheCase,Inc. (“TropheCase,” “we,” “our”) values the privacy of children and all of itsusers.  This COPPA Privacy Policy (“COPPAPrivacy Policy”) is designed to comply with the Children’s Online PrivacyProtection Act (“COPPA”) and contains important information about howTropheCase collects, uses, and discloses the personal information we collectfrom children under thirteen (13) years old who have access to and/or use ourSoftware, as defined below.

Wegather important information from our customers and visitors pursuant to theiruse of our applications, scripts, instruction sets, and any relateddocumentation (collectively, the “Software”). The Software is issued for thepurposes of allowing athletes to track their personal sports statistical datawhile showcasing their data on an innovative sports networking platform. ThisCOPPA Privacy Policy applies to the information we collect form childrenthrough the use of the Software.

TropheCasewill handle children’s personal information as described in this COPPA PrivacyPolicy.  Any personal information wecollect about other users (e.g., teenagers and adults) will be treated inaccordance with the TropheCase Privacy Policy (“Privacy Policy”).  The use of the Software and any dispute overprivacy, is subject to this COPPA Privacy Policy, the Privacy Policy, and ourTerms of Use, including its applicable limitations on damages and theresolution of disputes.  Our Terms of Useand Privacy Policy are incorporated by reference and made a part of this COPPAPrivacy Policy.

WHOWILL COLLECT INFORMATION ABOUT CHILDREN?

TropheCaseprovides access to, and use of, the Software, and will collect children’spersonal information as described in this COPPA Privacy Policy and ouradditional Privacy Policy.  We can becontacted at support@trophycase.app

WHATINFORMATION DO WE COLLECT ABOUT CHILDREN AND WHY?

Asdescribed in further detail below, We collect some personal information fromchildren to accomplish the intended purpose of the Software.

HOWIS INFORMATION COLLECTED?

Wemay collect information about children directly from children, as well asautomatically through a child’s use of the Software.  We will not require a child to disclose moreinformation than is reasonably necessary to use the Software. A copy of ourPrivacy Policy and our COPPA Privacy Policy is available on our website.

INFORMATIONWE COLLECT DIRECTLY

Wecollect [ ex. usernames, date of birth, address, phone number, email address,school and graduation year, clubs and organizations, profile photograph, andthe identity and location of clubs and organizations].  Parents may ask us to stop collectingpersonal information from their child by emailing us at support@trophycase.app; however, in such cases the child may not have access to, or be able to usethe Software, to its fullest extent.  Ifa parent directs us to stop collecting and using a child’s personalinformation, We must disable his or her use of the Software to ensure that noinformation is collected.

INFORMATIONWE COLLECT AUTOMATICALLY

Wemay automatically collect statistical information about a child’s use of theSoftware through cookies and other technologies.  Usage of a cookie is in no way linked topersonally identifiable information in our products and email messages.  The child may always choose not to acceptcookies, but he or she may not be able to access, or use, the Software.  

OTHERINFORMATION WE COLLECT ABOUT CHILDREN

Wecollect information about children’s performance and activities through his orher use of the Software.  Thisinformation is for internal use only and will not be disclosed to otherentities; however, We do not use this information in a personally identifiableform for our own commercial purposes. Before we analyze or use any activitydata for our own commercial purposes, we de-identify and/or aggregate suchinformation.

HOWWE USE CHILDREN’S INFORMATION

Weuse personal information collected from children for the following purposes:

Toprovide our Software; and

Torespond to customer Software and technical support issues and requests.

Wede-identify and/or aggregate the information we collect form children before weuse it for any other purposes, as noted below.

UniqueIdentifiers.  We only collect and useunique identifiers, such as IP addresses, as necessary to operate our productsand Software, including to maintain or analyze their functioning; performnetwork communications; authenticate users or personalize content; and protectthe security or integrity of users of the software.  We never use unique identifiers to trackusers across third-party applications or websites.

Aggregateor De-identified Information. We may use aggregate or de-identified informationabout children for research, analysis, and similar purposes. When we do so, weremove names, email, contact information, and other personal identifiers. Wemay use aggregate or de-identified information for the following purposes:

Tobetter understand how users access and use the Software;

Toimprove the Software and respond to user desires and preferences; and

Toconduct research or analysis, including research and analysis by third-parties.

HOWWE SHARE CHILDREN’S INFORMATION

Wedo not sell children’s personal information, and a child may not make his orher personal information public through the Software. TropheCase will onlydisclose a child’s personal information, if required to do so by law, or asotherwise stated in our Privacy Policy, this COPPA Privacy Policy, or in thegood-faith belief that such action is necessary to: (1) conform to the edictsof the law or comply with legal process served on TropheCase; (2) protect anddefend the rights or property of TropheCase and others, including, among otherthings, to enforce the Terms of Use of the Software; (3) act under exigentcircumstances to protect the personal safety of its members or the public; (4)to correct technical problems and malfunctions in how we provide the Softwareto you and to technically process your information; (5) to take precautionsagainst liability; (6) to respond to claims that information you have submittedto TropheCase has violated the rights or interests of a third-party; or (7) aspermitted by law or to provide information to law enforcement agencies.  Also, certain technical processing of Contentis required for: (1) providing the Software; (2) conforming to technicalrequirements of connecting networks; (3) conforming to the limitations of theSoftware; or (4) other similar technical connecting requirements.

Wemay disclose aggregated information about users and information that does notpersonally identify any child, without restriction.

YOURRIGHTS TO REVIEW, DELETE, AND CONTROL OUR USE OF CHILDREN’S PERSONALINFORMATION

Parentshave a right to review the information we collected about their children and todelete it and tell use to stop using it. To exercise these rights, you may contact us at support@trophycase.app.  You will be required to authenticate yourselfas the child’s parent to receive information about that child.  Please note that copies of information mayremain in a cached or archived form on our systems after you request us todelete it.

CHANGESTO THIS COPPA PRIVACY POLICY

Wemay amend or change this COPPA Privacy Policy from time to time, so please besure to check our website periodically. We will post any changes to this COPPA Privacy Policy on our website:https://www.trophycase.io/

Ifwe may any changes to this COPPA Privacy Policy that materially affect ourpractices with regard to the personal information we have previously collectedfrom a child, we will endeavor to provide you with notice in advance of suchchange by highlighting the change on our website.

TropheCase,Inc.

CookiesPolicy

Dateof Last Revision: 01/01/2024

Thispage tells you (the “User”) about the use of cookies and similar technologiesby TropheCase, Inc. (“TropheCase” or the “Company”), on the Company’s sitehttps://www.trophycase.io/ (the “Site”). TropheCase may edit this policy fromtime to time. Please check this policy regularly for any changes.  Should the User have any questions about thisCookies Policy (the “Policy”), please contact TropheCase atsupport@trophycase.app.

COOKIES

Acookie is a small piece of text sent to the User’s browser by a website theUser visits.  It helps the websiteremember information about the User’s visit, like the User’s preferred languageand other settings.  This savedinformation can make User’s next visit easier and the site more useful toUser.  Cookies may store User’spreferences and other information but cannot read data off User’s hard disk orread cookie files created by other sites.

Cookiesset by a website owner are called “first party cookies.” Cookies set by partiesother than the website owner are called “third-party cookies.” Third-partycookies enable third-party features or functionality to be provided on orthrough the Sites (i.e. advertising, social media functions andanalytics).  Third-parties that placecookies on the Site control the personal data they collect about the User andare likely to be considered “data controllers” under European law.  User is encouraged to read their privacypolicies to understand their data processing activities, policies, andprocedures.

HOWTROPHECASE USES COOKIES

TropheCaseuses cookies for a variety of reasons, a few of these reasons are:  

Tosave your preferences on the Site;

Toallow us to tailor your experience based on what we think may appeal to youbased on your demographic information;

Theaggregate, non-individual membership demographic information may be shared withthird-parties with whom we have a direct or indirect relationship who may offerproducts or services we believe you may be interested in.

Tohelp TropheCase understand what content is most useful to TropheCase’svisitors;

Toshare with third-parties for the purposes of analyzing usage data, maintainingserves and other maintenance purposes associated with the Site.

TYPESOF COOKIES TROPHECASE USES

Advertisement  TropheCase partners with third-partypublishers, advertising networks and service providers to manage ouradvertisements on other sites. The partners may set cookies on your device togather information about your activities on the Site and place TropheCaseadvertisements on other websites.

Analytics          TropheCase uses third-parties likeGoogle Analytics to analyze the use of the Site.  These third-parties generate statistical andother information about Site use by means of cookies. Additionally, thethird-parties may store information about your device, time of visit, pages,visited, time spent on a given page of the Site, links clicked, IP address,browser, mobile network information, and type of operating system used.

Authentication  TropheCase uses cookies to recognize whichUser is logged into the Site.  Thisrecognition allows us to personalize your experience on the Site.

Preference        These cookies are used to store User’spreferences like language choice and display of search results.

Security            Security cookies support or enablethe security features deployed on the Site. Additionally, these cookies help usdetect malicious activity and other violations of the Terms of Use andfraudulent use of a User’s login credentials.

SiteFeatures     These are cookies that arerequired for the operation of the Site. TropheCase tracks which profiles User looks at, so TropheCase can showthe User more profiles like those.

THEUSER’S CHOICES REGARDING COOKIES

WhenUser first accesses the Site, User may receive a message advising User thatcookies and similar technologies are in use. By clicking “accept,” closing the message, or continuing to browse theSite, User signifies that User understands and agrees to the use of thesetechnologies, as described in this Policy.

Userdoes not have to accept cookies and consent can be withdrawn at any time.  User can change User’s browser settings torefuse or restrict cookies, and User may delete them after they have beenplaced on User’s device at any time.  IfUser deletes or does not accept the Site’s cookies, some areas of the Site thatUser accesses may take more time to work or may not function properly.

INSTRUCTIONSFOR MANAGING COOKIES

Usercan delete cookies already stored on User’s computer.  Please visit the “Help” option in User’sbrowser menu to learn how to do this. Deleting cookies will have a negative impact on the usability of thisSite.

TROPHECASE,INC.

COPPAPARENTAL CONSENT FORM

NOTICETO PARENTS

01/01/2024

Tocomply with the Children’s Online Privacy Protection Act (“COPPA”), parents (orlegal guardians) of children under the age of 13 must consent to thecollection, use, and disclosure of their child’s personal information collectedby TropheCase, Inc. (the “Company” or “TropheCase”).  TropheCase’s COPPA Privacy Policy is locatedon the Company’s website (the “Site”) at: https://www.trophycase.io/ andTropheCase’s Privacy Policy is here: https://www.trophycase.io/.

Youare receiving this form because TropheCase may have collected your onlinecontact information from your child, as well as yours or the child’s name toobtain your consent.

TropheCasemust obtain your consent to collect, use, or disclose your child’s personalinformation. Until we receive this consent, TropheCase will not grant yourchild access to the Site or the ability to create an account.

Shouldyou provide consent, and in addition to the information your child may havealready disclosed, we may collect the following information. You may revokeyour consent at any time and refuse further collection and use of your child’spersonal information. If you wish to revoke this consent, please write downyour revocation of consent, scan, and email the revocation tosupport@trophycase.app.

Finally,if you do not provide consent within a reasonable time from the date thisnotice was sent, TropheCase will delete your online contact information fromour records pursuant to 16 CFR §312.4(c)(1)(iv).

Bysigning and returning this form to TropheCase, you certify that you consent tothe collection, use and/or disclosure of your child’s personal information asdescribed in TropheCase’s COPPA Privacy Policy. Please print, complete, sign,and scan this form then email to support@trophycase.app

YourFull Name:

Relationshipto the Child:

YourEmail Address:

YourFull Mailing Address:

YourSignature:

Date:

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