The Scorebook Live App and its contents are © 2020 Scorebook Live, Inc. All rights reserved consistent with this Agreement.
This Copyright Policy is expressly incorporated into this Agreement.
Owner will respond to specific notices of copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Owner may expeditiously remove copyright infringing materials from its Scorebook Live App, regardless of Owner’s liability, upon receipt of a notice that complies with the terms of the Digital Millennium Copyright Act’s § 512, located at 17 U.S.C. § 512(c)(3). Owner, upon removal of any materials that are alleged to be infringing, will make a good faith attempt to notify the owner or uploader of the materials so that they may respond with a counter-notification under 17 U.S.C. § 512(g)(3).
If you believe that content hosted on the Scorebook Live App infringes upon your copyright rights, please follow the Digital Millennium Copyright Act steps outlined below:
- If you are a copyright owner, or the authorized agent of a copyright owner, and you believe that content hosted on the Scorebook Live App infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our registered Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple works have been allegedly infringed, a specific list of such works and their specific location on the Scorebook Live App;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Owner to locate the material;
- Information reasonably sufficient to permit Owner to contact you, such as an address, telephone number, fax number, and, if available, an email address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Owner will maintain a designated Copyright Agent, who will receive notifications of alleged infringement. You recognize that if you fail to comply with the requirements of the Digital Millennium Copyright Act’s notification requirements, your DMCA notice may not be processed. Notices of infringement may be sent to: firstname.lastname@example.org
- If you believe that content has been removed from the Scorebook Live App in error, you may file a counter-notification with Owner’s designated Copyright Agent that complies with the requirements of 17 U.S.C. § 512(g)(2) and (g)(3) outlined below. Upon receipt of a counter-notification complying with the requirements of 17 U.S.C. § 512, Owners may return the allegedly infringing content to the Website.
- A counter-notification must include:
- Identification of the specific materials that have been removed from the Scorebook Live App;
- Your name, address, telephone number, and email address;
- A statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- A statement that you consent to federal district court jurisdiction in the district in which your address is located or, if your address is outside of the United States, that you consent to jurisdiction in any district in which Owner may be found and that you will accept service of process from the person who provided notification or their agent; and
- Your physical or electronic signature.
Owner encourages its users to submit comments, suggestions, and error reports to Owner. You acknowledge and agree that any feedback submitted to Owner, including, but not limited to, any intellectual property or other proprietary information contained within that feedback, will become the exclusive property of Owner. You agree to assign all right and title in or to any and all feedback that you submit to Owner and execute any and all documents necessary to assign your rights to any and all feedback to Owner upon Owner’s request, including but not limited to any documents necessary to perfect Owner’s rights in and to intellectual property or proprietary rights.
Disclaimer and Limitation of Liability
You acknowledge and agree that the content contained within the Scorebook Live App will not be considered a representation to reasonably be relied upon and nothing within the Scorebook Live App will be construed to create a duty of care in Owner or a warranty of any kind. You acknowledge and agree that Owner takes no responsibility for, is not obligated to monitor and cannot be held liable for any or all the information contained within the Scorebook Live App as provided by third parties (including feed provider), User Generated Content contained within the Scorebook Live App, information or websites linked to through the Scorebook Live App, information sent to Owner by third parties, and information intercepted by third parties. You agree to hold Owner harmless for any and all inaccuracies, omissions, errors, loss of data, corruption of data, failure of hardware, failure of the Scorebook Live App, or misuse of the Scorebook Live App.
OWNER PROVIDES THE SCOREBOOK LIVE APP ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SCOREBOOK LIVE APP AT YOUR OWN RISK AND THAT OWNER WILL NOT BE HELD LIABLE FOR ANY DEFECTS, ERRORS, OMISSIONS, BUGS, OR DOWNTIME. ANY ATTEMPT BY OWNER TO MODIFY THE SCOREBOOK LIVE APP WILL NOT BE DEEMED TO BE A WAIVER OF THIS LIMITATION OF LIABILITY. OWNER WILL NOT BE HELD LIABLE FOR ANY CONTENT CONTAINED WITHIN THE SCOREBOOK LIVE APP, ANY THIRD PARTY LINKS OR ADVERTISING ACCESSIBLE THROUGH THE SCOREBOOK LIVE APP, OR ANY CONTENT TRANSMITTED THROUGH THE SCOREBOOK LIVE APP.
OWNER WILL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, INDIRECT DAMAGES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOST INFORMATION ARISING OUT OF THE USE, WHETHER PROPER OR IMPROPER, OF THE MLB VICTIS APP, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OWNER DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR IN, OMISSION OF, INTERRUPTION OF, DELETION OF, DEFECT IN, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY DATA. YOU BEAR THE SOLE RESPONSIBILITY TO PROTECT AND BACKUP YOUR OWN DATA, NETWORK, HARDWARE, SYSTEMS, SERVERS, SOFTWARE, COMPUTERS, PHONES, AND SECURITY.
YOU ACKNOWLEDGE AND AGREE THAT OWNER’S LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE LESSER OF THE AMOUNT THAT YOU PAID FOR THE SCOREBOOK LIVE APP, OR ANY SUBSCRIPTION TO THE SCOREBOOK LIVE APP, OR $100. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS LISTED IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, hold harmless, and defend Owner, its officers, members, employees, agents, and directors from and against any and all claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorneys fees, arising out of or in relation to your use of the Scorebook Live App, your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify Owner will survive the termination or failure of this Agreement and your use of the Scorebook Live App. You acknowledge and agree that your obligation to defend Owner will not provide you with the right to control Owner’s defense and you expressly agree that Owner has the right to direct and control its defense regardless of your obligation to defend Owner.
You are expressly prohibited from assigning your rights or obligations under this Agreement without Owner’s prior written consent. Owner may assign its rights or obligations under this Agreement at any time, including but not limited to in a sale of the Owner’s business or in a sale of the Scorebook Live App.
This Agreement constitutes the entire agreement between the parties relating to the subject matter of this Agreement and hereby supersedes all prior agreements, statements, or representations. This Agreement may only be modified by a written document signed by both parties.
Choice of Laws and Resolution of Disputes
You agree that for all legal and non-legal purposes, the Scorebook Live App is located in the State of California. You agree that the Scorebook Live App does not give rise to personal jurisdiction over Owner in jurisdictions other than California. This Agreement will be interpreted under and governed by the laws and legal principles of the State of California, without regard to its conflicts of laws principles or statutes.
YOU AND OWNER AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN SAN DIEGO, CALIFORNIA AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES PROMULGATED BY THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE STATE OF CALIFORNIA AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND OWNER AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT SITTING WITHIN THE STATE OF CALIFORNIA THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND OWNER AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITH THE STATE OF CALIFORNIA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND OWENR HEREBY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Owner may, but is not obligated to participate in any dispute between users. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU RELEASE OWNER FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN OR UNKNOWN. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
No waiver of rights under this Agreement by either party will be recognized unless made in writing and signed by the party to be charged. This Agreement is solely between Owner and you and will not confer any rights or remedies upon any third party, including third party beneficiaries. A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
YOU AND OWNER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Any notice under this Agreement or other contact must be sent via email to: email@example.com