Terms of Service

Effective date: July 14, 2026 · Version 1.0

These Terms of Service (the "Terms") are a binding agreement between you and Media Day Creative ("Media Day Creative," "MDC," "we," "us," or "our"), a Utah-based company, governing your access to and use of the Media Day Creative platform, websites, applications, plugins, and related services (collectively, the "Service").

By creating an account, checking the acceptance box, or accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Who may use the Service

Age. You must be at least 13 years old to create an account. Accounts for children under 13 are not permitted; a parent or legal guardian may manage a child's participation through their own account.

Users under 18. If you are between 13 and 17 years old, you may only use the Service with the knowledge and consent of your parent or legal guardian, who agrees to be bound by these Terms on your behalf. When a parent or guardian links their account to a minor athlete through the Service, that parent or guardian accepts these Terms both for themselves and on behalf of the minor.

Schools and organizations. If you use the Service on behalf of a school, district, club, or other organization, you represent that you are authorized to act for that organization, and separate written agreements between MDC and the organization may also apply. If those agreements conflict with these Terms, the organization's agreement controls for the organization's data.

Accuracy. You agree to provide accurate registration information — including your real name and date of birth — and to keep it current. Date of birth is required by U.S. children's privacy law and drives safety features throughout the Service; misrepresenting your age is a material violation of these Terms.

2. The Service

Media Day Creative provides media-day operations, content capture and delivery, team and roster management, communication, scheduling, and related tools for schools, sports organizations, athletes, and families. Content produced at events (photos, videos, graphics) is captured, processed, and delivered through the Service, and access to a minor athlete's content is governed by parental consent as described in Section 6 and in our Privacy Policy.

We may add, change, or remove features at any time. We work to keep the Service available but do not guarantee uninterrupted operation.

3. Accounts and security

You are responsible for your account credentials and for all activity under your account. Notify us immediately at benjamin@mediadaycreative.com if you suspect unauthorized use. We may suspend or terminate accounts that violate these Terms, that we reasonably believe compromise the safety or privacy of other users (especially minors), or that misrepresent identity or age.

4. License to use the Service; ownership

Subject to these Terms, MDC grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for its intended purpose.

The Service — including all software, source code, design, user interfaces, graphics, logos, trademarks, workflows, templates, documentation, and the compilation and arrangement of all of the above — is owned by Media Day Creative or its licensors and is protected by copyright, trademark, trade secret, and other intellectual-property laws. No ownership rights are transferred to you by these Terms or by your use of the Service. All rights not expressly granted are reserved.

5. Restrictions — what you may not do

Except to the extent a restriction is prohibited by applicable law, you may not, and may not permit or help anyone else to:

Copy, reproduce, or clone the Service or any substantial part of it, including its software, design, page layouts, workflows, or databases;
Modify, adapt, translate, or create derivative works of the Service or any part of it;
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying structure, algorithms, or data models of the Service;
Scrape, crawl, harvest, or bulk-extract data or content from the Service, whether manually or by automated means (bots, spiders, headless browsers, AI agents), except through interfaces we expressly provide;
Rent, lease, sell, sublicense, distribute, or otherwise commercially exploit the Service or access to it;
Build a competing product or service using the Service, or access the Service to benchmark, analyze, or replicate its features or functionality for a competitor;
Circumvent or attempt to circumvent any security, access-control, rate-limiting, consent, or privacy feature of the Service — including features that protect minors' data;
Remove, alter, or obscure any copyright, trademark, watermark, or other proprietary notice on the Service or on content delivered through it;
Access another user's account or data without authorization, probe or test the vulnerability of the Service without our prior written consent, or interfere with the Service's operation (including denial-of-service attacks or introducing malware);
Use the Service to violate any law or the rights (including privacy and publicity rights) of any person.

Violation of this Section is a material breach and may result in immediate termination and legal action. Because unauthorized copying or exploitation of the Service would cause harm not adequately compensable by money damages, you agree MDC is entitled to seek injunctive relief in addition to any other remedies.

6. Content

MDC-produced content. Photos, videos, and graphics captured or produced by MDC at events ("Event Content") are owned by Media Day Creative unless a separate written agreement says otherwise. When Event Content is delivered to you through the Service (or purchased, where purchasing is offered), MDC grants you a personal, non-commercial license to view, download, and share that content for personal and family use. Commercial use of Event Content requires MDC's prior written permission.

Likeness and consent. Use of an athlete's name, image, and likeness in Event Content — including delivery to the family and any promotional use by MDC — is governed by the consent and release records collected through the Service (for minors, signed by a parent or legal guardian). These consents are separate from these Terms, are presented at the time they are collected, and can be reviewed and revoked as described in the Privacy Policy. MDC does not deliver a minor athlete's content until the required parental consent is in place.

Your content. You retain ownership of content you upload or post to the Service (profile photos, messages, posts, uploaded media — "User Content"). You grant MDC a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, and transmit your User Content solely as needed to operate, provide, secure, and improve the Service. This license ends when the content is deleted from the Service, except for backup copies retained for a limited period and records we must keep by law.

Responsibility. You are solely responsible for your User Content. You represent that you have the rights necessary to post it and that it does not violate any law or anyone's rights.

7. Acceptable use

You agree not to use the Service to:

Harass, bully, threaten, or intimidate anyone, or post content that is hateful, obscene, or defamatory;
Post or transmit content that is sexually explicit, exploits or endangers minors, or violates any child-protection law — such content will be removed and reported to authorities where required;
Contact or attempt to contact minors outside the Service's structural safety features, or misuse the Service to collect information about minors;
Impersonate any person or misrepresent your affiliation with any person or organization;
Send spam, chain messages, or unauthorized advertising;
Upload content that infringes any copyright, trademark, or other proprietary right.

We may remove content and suspend or terminate accounts that violate this Section, with or without notice, and may preserve and disclose information as described in the Privacy Policy when required by law or necessary to protect users.

8. Copyright complaints (DMCA)

We respect intellectual-property rights and expect users to do the same. If you believe content on the Service infringes your copyright, send a notice compliant with 17 U.S.C. § 512(c)(3) to our designated agent at benjamin@mediadaycreative.com with the subject line "DMCA Notice," including: (1) identification of the copyrighted work; (2) identification and location of the allegedly infringing material; (3) your contact information; (4) a statement of good-faith belief that the use is not authorized; (5) a statement, under penalty of perjury, that the information is accurate and you are authorized to act for the copyright owner; and (6) your physical or electronic signature. We respond to valid notices by removing or disabling access to the identified material, and we terminate the accounts of repeat infringers. Counter-notices under § 512(g) may be sent to the same address.

9. Purchases

Where the Service offers paid content or packages, additional purchase terms (pricing, delivery, refunds) will be presented at the time of purchase and form part of these Terms. All fees are in U.S. dollars unless stated otherwise.

10. Third-party services

The Service is built on and interoperates with third-party services (for example: hosting and database infrastructure, email delivery, error monitoring, and mapping). Those providers process data only as needed to run the Service, as described in the Privacy Policy. The Service may also link to third-party websites we do not control; we are not responsible for their content or practices.

11. Termination

You may stop using the Service and request account deletion at any time (see the Privacy Policy for what deletion involves and how long it takes). We may suspend or terminate your access at any time for violation of these Terms, for risk to other users, or if required by law, with notice where practicable. Sections 4, 5, 6, 8, and 12–15 survive termination.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MDC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT CONTENT WILL NEVER BE LOST — KEEP YOUR OWN COPIES OF CONTENT THAT MATTERS TO YOU.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) MDC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) MDC'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS YOU PAID MDC FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

14. Indemnification

You agree to indemnify and hold harmless MDC and its officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your User Content, your violation of these Terms, or your violation of any law or third-party right. This Section does not apply to the extent prohibited by applicable law, and for users under 18 applies only to the extent enforceable against a minor or their consenting parent or guardian.

15. Governing law and disputes

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws principles. Before filing any claim, you agree to contact us at benjamin@mediadaycreative.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Utah, and you consent to their jurisdiction. Each party waives any right to a jury trial to the extent permitted by law.

16. Changes to these Terms

We may update these Terms from time to time. Each version is numbered and dated, and prior versions are retained. For material changes, we will notify you (for example, by email or an in-app notice) and, where required, ask you to accept the updated Terms before continuing to use the Service. The "Effective date" above reflects the current version.

17. General

These Terms, together with the Privacy Policy and any consents or purchase terms presented to you in the Service, are the entire agreement between you and MDC regarding the Service. If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets with notice to you.

18. Contact

Media Day Creative Utah, USA benjamin@mediadaycreative.com