Athlink connects adults who want to play pickup sports. Because it brings strangers together for physical activity, these Terms explain the risks involved and limit our responsibility for what happens between users. Please read them carefully.
1. Agreeing to these Terms
These Terms of Service (“Terms”) are a binding agreement between you and Athlink (“Athlink,” “we,” “us”) covering your use of playathlink.com, our apps and related services (the “Service”). By creating an account, joining the waitlist or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.
We may update these Terms. If a change is material, we'll notify you in the app or by email before it takes effect. Continuing to use the Service after that means you accept the updated Terms.
Section 18 requires most disputes to be resolved by individual binding arbitration, and waives jury trials and class actions. You can opt out within 30 days. Sections 7, 14, 15 and 16 contain an assumption of risk, a release and limits on our liability. Please read them.
2. Who can use Athlink
You must be at least 18 years old. Athlink is for adults only. We don't knowingly allow anyone under 18, and we close accounts we find belong to minors.
You must use your real legal name and may have only one account.
You must not be barred from using the Service under applicable law, and must not have been previously removed from Athlink.
You must not be a registered sex offender or have been convicted of a violent felony, and you confirm that you are not.
3. Identity verification (and what it doesn't mean)
To use most features, you must verify your identity through our third-party provider, Persona Identities, Inc. (“Persona”), by submitting a government-issued photo ID and a live selfie. Your profile name, age and state come from that check, and you can't edit them. You consent to this process, including the collection of a face scan as described in our Privacy Policy. We may refuse or revoke verification, or ask you to verify again, at any time.
Verification only confirms that an ID appeared genuine and matched the person holding it, at the time of the check. Athlink does not run criminal background checks, does not screen users for safety, and does not guarantee anyone's identity, age, character, intentions, health, fitness or skill. A verified badge is not an endorsement.
4. Your account
You're responsible for everything that happens under your account and for keeping your password secure. Don't share your account or let anyone else use it. Tell us right away at support@playathlink.com if you think it's been compromised.
5. Athlink is a platform, not an organizer
Athlink helps adults find each other to play sports. Games, tournaments and meetups are created and run by users, not by Athlink. We don't organize, host, supervise, referee, insure, staff or inspect any game, tournament, location or participant, and we're not a party to any arrangement between users.
We don't own or control any park, court, gym, field or other venue shown in the Service. Map imagery and venue information come from third parties and may be wrong or out of date. You're responsible for confirming that a location is safe and open, that you're allowed to use it, and for following its rules, permits, reservations and fees.
6. Meeting people in person
Meeting people you don't know carries real risks. You are solely responsible for your interactions with other users, online and in person. Use your own judgment. Some sensible precautions, which are not a complete list and don't guarantee your safety:
Meet in public, well-lit places with other people around.
Tell a friend where you're going and when you expect to be back.
Arrange your own transportation, and keep your phone charged.
Don't share your home address, financial information or other sensitive details.
Leave any situation that feels unsafe, and call 911 in an emergency.
Report concerning behavior to us at support@playathlink.com.
Athlink is not an emergency service and doesn't monitor games or messages in real time.
7. Assumption of risk
SPORTS AND MEETING STRANGERS ARE INHERENTLY RISKY. BY USING THE SERVICE AND TAKING PART IN ANY ACTIVITY ARRANGED THROUGH IT, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, TO THE FULLEST EXTENT PERMITTED BY LAW.
These risks include, without limitation:
physical injury, including sprains, fractures, concussions and other head injuries, heat illness, cardiac events, paralysis and death;
contact with or the conduct of other participants, including rough play, fights, assault, harassment, theft and other crimes;
the condition of venues and equipment, weather, traffic, travel to and from games, and the actions of people who aren't users;
illness or communicable disease spread through close contact;
loss of or damage to personal property; and
other users misrepresenting themselves, their skill, their health or their intentions.
You confirm that you're physically fit to take part in the activities you join, that you'll consult a doctor if you have any doubt, and that you have, or are responsible for getting, your own health and accident insurance.
8. Rules of conduct
You agree not to:
harass, threaten, stalk, intimidate, assault or endanger anyone, or encourage others to;
discriminate against anyone based on race, ethnicity, religion, sex, gender identity, sexual orientation, disability, age or national origin;
use Athlink to arrange dates, sexual encounters or any activity other than sports;
impersonate anyone, submit someone else's ID, create more than one account, or let someone else use your account;
report false results, collude to inflate a record, or leave dishonest or retaliatory ratings;
bring weapons, drugs or alcohol to games, or take part while impaired;
organize or take part in illegal gambling, or use Athlink for any unlawful purpose;
post false, defamatory, obscene, hateful or infringing content, or spam;
scrape, copy or harvest data, reverse engineer the Service, probe its security, or interfere with its operation; or
use Athlink commercially (for example, recruiting for paid leagues or selling products) without our written permission.
We may investigate violations, remove content, and suspend or close accounts, and we may report conduct to law enforcement.
9. Results, ratings and leaderboards
Win/loss records come from results that players report and confirm. Sportsmanship and skill ratings are opinions submitted by opponents. Athlink doesn't verify results or ratings, isn't responsible for their accuracy, and isn't liable for any rating, record or ranking. We may adjust, hide or remove results and ratings we believe are false, abusive or manipulated, but we have no obligation to. Leaderboards are for fun and don't certify any level of skill.
10. Tournaments, fees and prizes
Tournament organizers are solely responsible for their events: rules, scheduling, venues, permits, officiating, safety, and any entry fees, prizes or refunds. Athlink doesn't collect or hold money, doesn't guarantee that any prize is paid, and isn't a party to any payment between users. Organizers are responsible for complying with all laws that apply to their event, including gambling, contest, tax and permit laws.
11. Your content
You own the content you post (such as your bio, game details, tournament information and ratings). You give Athlink a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce and distribute it to operate, improve and promote the Service. You confirm that you have the rights to everything you post and that it doesn't violate these Terms or anyone's rights.
12. Location and notifications
The Service uses your device's location to show nearby games and players. Distances shown to others are approximate, but people you agree to play with will learn where a game takes place. You can turn location and push notifications off in your device settings, though some features won't work without them. Notifications may be delayed or not delivered, and you shouldn't rely on them.
13. Third-party services
The Service relies on third parties, including Persona for identity verification, map and satellite providers, and browser push services. Their services are governed by their own terms, and Athlink isn't responsible for them. Links to directions or other websites are provided for convenience only.
14. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND SAFETY. ATHLINK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ANY INFORMATION (INCLUDING USER IDENTITIES, VENUES, MAPS, RESULTS OR RATINGS) IS ACCURATE, OR THAT ANY USER IS WHO THEY CLAIM TO BE OR IS SAFE TO MEET. ATHLINK IS NOT RESPONSIBLE FOR THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER OR OTHER PERSON.
15. Release
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE ATHLINK AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND, KNOWN AND UNKNOWN, ARISING OUT OF OR RELATED TO DISPUTES WITH OTHER USERS, ANY GAME, TOURNAMENT OR MEETING ARRANGED THROUGH THE SERVICE, ANY VENUE, OR YOUR PARTICIPATION IN ANY ACTIVITY, INCLUDING CLAIMS FOR PERSONAL INJURY, DEATH AND PROPERTY DAMAGE.
If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law of any other state.
This release doesn't apply to liability that the law doesn't allow to be released, such as liability for gross negligence or intentional misconduct.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ATHLINK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR OPPORTUNITY, OR FOR ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM THE CONDUCT OF ANY USER OR THIRD PARTY OR FROM ANY ACTIVITY ARRANGED THROUGH THE SERVICE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY. ATHLINK'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID ATHLINK IN THE 12 MONTHS BEFORE THE CLAIM.
These limits apply to every theory of liability (contract, tort, negligence, strict liability or otherwise) and even if a remedy fails of its essential purpose. Some jurisdictions don't allow certain exclusions or limits, so some of them may not apply to you. In that case, our liability is limited to the smallest amount the law allows.
17. Your responsibility to us (indemnity)
You will defend, indemnify and hold harmless Athlink and its owners, officers, employees, contractors and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from your use of the Service, your conduct toward other users or anyone else, any game or tournament you create, organize or take part in, your content, or your breach of these Terms or of any law.
18. Disputes and binding arbitration
Talk to us first. Before filing any claim, you agree to email support@playathlink.com with a description of the dispute and give us 60 days to try to resolve it informally.
Arbitration. Any dispute between you and Athlink arising from or related to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, governed by the Federal Arbitration Act. The arbitrator decides all issues, including the scope and enforceability of this section. Either party may instead bring an individual claim in small claims court, and either party may seek an injunction in court for misuse of intellectual property.
YOU AND ATHLINK WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE PROCEEDING. Claims may only be brought individually.
Opting out. You can opt out of this arbitration agreement by emailing support@playathlink.com within 30 days of first accepting these Terms, with your name and a clear statement that you opt out. If the class-action waiver is found unenforceable for a claim, that claim must be brought in court, not arbitration.
19. Governing law and venue
These Terms are governed by the laws of the State of California and applicable federal law, without regard to conflict-of-law rules. Any claim not subject to arbitration must be brought in the state or federal courts located in California, and you consent to their jurisdiction. Any claim must be filed within one year after it arises, or it is permanently barred, to the extent the law allows.
20. Ending your use
You can stop using Athlink at any time and ask us to delete your account by emailing support@playathlink.com. We may suspend or close your account, or stop offering any part of the Service, at any time and for any reason, including a suspected violation of these Terms or a safety concern. Sections that by their nature should survive (including assumption of risk, disclaimers, release, limitation of liability, indemnity and arbitration) survive termination.
21. General
These Terms and our Privacy Policy are the entire agreement between you and Athlink about the Service. If any part is found unenforceable, the rest stays in effect, and that part is enforced to the maximum extent allowed. Our failure to enforce a provision isn't a waiver. You may not transfer these Terms; we may transfer them, for example in a merger or acquisition. We aren't liable for delays caused by events beyond our reasonable control.