Scorebook Live End User License Agreement and Terms of Use

Effective Date: January 1, 2015

The Scorebook Live application and its associated servers, data, user input, and content (hereinafter “Scorebook Live App”) is owned or used with permission by Scorebook Live Inc. a corporation organized under the laws of the State of Delaware (hereinafter “Owner”), and is licensed to you in accordance with the terms of this End User License Agreement (hereinafter “Agreement”). This Agreement is made by and between you, the downloader and user of the Scorebook Live app, and Owner, and governs your use of the Scorebook Live App. It shall remain in full force and effect until termination, either by Owner or upon your deletion and cessation of use.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE YOU INSTALL AND RUN THIS APP ON YOUR MOBILE DEVICE. YOUR INSTALLATION, USE, OR OPERATION OF THIS SCOREBOOK LIVE APP CONSTITUTES YOUR MANIFESTATION OF ASSENT TO AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. THIS AGREEMENT DOES NOT REPLACE BUT IS IN ADDITION TO ANY ITUNES AGREEMENT REQUIRED BY APPLE IN ORDER TO DOWNLOAD AND USE THE SCOREBOOK LIVE APP AND ANY OTHER AGREEMENT PROVIDED BY ANY THIRD PARTY THAT PROVIDES A SERVICE IN ASSOCIATION WITH OR AS A RESULT OF YOUR DOWNLOAD AND USE OF THE SCOREBOOK LIVE APP.

Owner reserves the right, in its sole and absolute discretion, to discontinue the Scorebook Live App or to modify, change, replace, or discontinue this Agreement. If Owner modifies, changes, or discontinues the terms of this Agreement, the Effective Date, located above, will change. Your installation or use of the Scorebook Live App after a change in the Effective Date of this Agreement constitutes your acceptance of and manifestation of assent to any modification, change, or replacement.

You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder. You further warrant and agree that you are not prohibited from entering into this Agreement by any preexisting agreement. You warrant and agree that you are a human individual that is eighteen (18) years of age or older or, if between the ages of 13 and 17, a legal guardian has reviewed and agrees to the terms of this Agreement. You are not permitted to download and use the Scorebook Live App if you are under the age of thirteen (13).

Scorebook Live App Scoring System

Owner provides the Scorebook Live App, as a free download, an interactive mobile application that allows a user to report scores and updates from live sporting events. While a user may download and use anonymously, a user must register an account and create a profile (“Account”) in order gain access to and benefit from all features of the Scorebook Live App. In addition, only owners of an Account may complete in-app transactions, which may include the purchase of additional products or services.

You agree that, in creating a profile and registering an Account, you will provide Owner with accurate, complete, relevant, and current information, and maintain the same throughout the term of this Agreement. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to Owner. As the owner of an Account, you agree that Owner may contact you by any available means, including, but not limited to, by email and social media. All Account information will be used consistent with Owner’s Privacy Policy.

You acknowledge and agree that Owner is a service provider and will not be held liable for any costs or fees incurred by you through your use of the Scorebook Live App, including but not limited to mobile carrier fees, SMS or other text message fees, or payment provider fees.

Limited License to Use Scorebook Live App

Owner grants you a limited, non-exclusive, royalty free, non-sublicensable, non-transferrable, and non-assignable license to install and use one copy of the Scorebook Live App in executable object code form for non-commercial, personal purposes.

The Scorebook Live App, including but not limited to any text, names, marks, statistics, graphics, photos, images, sounds, music, videos, software, scripts and interactive features, as well as its associated data and services, is the property of, owned by, or licensed to Owner. You acknowledge and agree that you are prohibited from copying, making derivative works of, modifying, publicly performing, publicly displaying, streaming, exploiting, broadcasting, decompiling, adapting, distributing, reproducing, republishing, scraping, transmitting, selling, posting, or hacking the Scorebook Live App, in whole or in part, without the prior written consent of Owner.

You are hereby prohibited from using the trademarks, service marks, design marks, and logos of Owner, or any licensee of Owner, or any colorable imitation thereof, or any mark not owned or licensed by you, including, without limitation Scorebook Live and the logo, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of Owner. The Scorebook Live App is subject to all intellectual property laws, including but not limited to trademark, copyright, patent and other privacy and proprietary laws. All trademarks, images, or rights of publicity displayed in connection with your use of the Scorebook Live App are the property of their respective owners.

You are prohibited from using the Scorebook Live App for any use not explicitly stated in this Agreement, absent separate written agreement signed by Owner and you pursuant to a binding agreement. Such unauthorized uses may include:

  1. Any use inconsistent with or in violation of this Agreement or any local, state, provincial, national, or international law, regulation, statute, ordinance, or treaty, including in any country embargoed by the United States or prohibited by inclusion on the U.S. Treasury Department’s list of Specially Designated Nationals;
  2. Any commercial use, such as the resale or republication of the Scorebook Live App;
  3. Any use on more than one mobile device for purposes of artificially, through the use of others, automated software, or otherwise, generating points or other action contrary terms of this Agreement;
  4. Any modification of the Scorebook Live App, including, but not limited to, translation into another computer language or the creation of derivative works from the Scorebook Live App;
  5. Any use of the Scorebook Live App outside of its customary or intended purposes;
  6. Any use of the Scorebook Live App to transmit any material that violates the rights of third parties, including but not limited to material that contains or constitutes intellectual property infringement, false advertising, invasion of privacy or defamation or is otherwise offensive;
  7. Any use of the Scorebook Live App to defraud, to impersonate, to harass, or to collect personal or personally identifiable information from users of the Scorebook Live App without their knowledge or consent;
  8. Any use of the Scorebook Live App to participate in or promulgate gambling, ponzi schemes, pyramid schemes, chain letters, or unsolicited bulk or commercial emails (SPAM);
  9. Any use of the Scorebook Live App to cheat, exploit, or otherwise interfere with any lawful activity;
  10. Any other activity that disrupts the Scorebook Live App or its associated services, including, but not limited to, through hacking or denial of service attacks; or
  11. Any creation of an Account after you have been removed by Scorebook Live or previously banned.

You are expressly prohibited from using or otherwise exporting the Scorebook Live App except as authorized by the laws of the United States of America. You acknowledge and agree that you are prohibited from exporting the application to: (1) any countries currently listed as an embargoed country or person with the U.S. Department of Commerce; (2) any individuals or companies currently listed as a Specially Designated National with the U.S. Department of the Treasury; (3) any individuals or companies currently listed on the U.S. Department of Commerce’s Denied Persons List; and (4) any individuals or companies currently listed on the U.S. Department of Commerce’s Entity List.

You acknowledge and agree that the Scorebook Live App constitutes Commercial Computer Software as defined by 48 CFR § 2.101. The Scorebook Live App is licensed to U.S. Government personnel as a Commercial Item only and subject to the terms and conditions contained within this Agreement. Owner reserves all other rights under the law.

You agree to comply, in good faith, with the terms of this Agreement. Owner retains the right to terminate your access to and delete any and all information associated with an Account for any reason or no reason at all, with or without notice. Further, Owner may terminate this non-exclusive license for a violation of this Agreement, a violation of the rights of a third party, or a violation of any applicable local, state, provincial, national, or international law, regulation, statute, ordinance, or treaty.

User-Generated and Submitted Content

The Scorebook Live App contains content not created by or provided by Owner. The Scorebook Live App may allow you to submit user-generated content to a server, including, but not limited to, profile information, player names, player images, team names, logo’s, scores, stats, and other information provided through use of the Scorebook Live App (hereinafter “User Generated Content”). You hereby grant Owner, and its licensees, a non-exclusive, worldwide, royalty-free, sub-licensable, transferrable, and irrevocable license to use, display, copy, distribute, publish, perform, transmit, broadcast, stream, prepare derivative works of, sell, modify, and adapt any User Generated Content that you add to or submit through the Scorebook Live App for the purposes of the Scorebook Live App as well as any other mobile application owned or offered by Owner. The purposes of the Scorebook Live App may include, but are not limited to, making copies of your User Generated Content for storage or archival purposes, uploading your User Generated Content to Owner’s servers or those of third party service providers it uses, publicly displaying your User Generated Content, and submitting your User Generated Content to third parties with whom Owner has an agreement. You hereby explicitly agree to waive all moral rights in or to your User Generated Content. Owner does not claim any ownership rights in or to your User Generated Content outside of this non-exclusive license.

You acknowledge and agree that you are solely responsible for any User Generated Content that you submit to the Scorebook Live App. You warrant that you are the exclusive owner of all right, title, and interest in and to any User Generated Content that you submit to the Scorebook Live App and that you have the right to license and/or convey all right, title, and interest in and to the User Generated Content free and clear of any and all claims, liens, or encumbrances. You warrant and agree that your User Generated Content will not violate or infringe upon the rights of third parties, including, but not limited to, copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also warrant and agree that any User Generated Content that you submit to the Scorebook Live App will not contain false or misleading material or other material in violation of local, state, provincial, national, or international laws, regulations, ordinances, statutes, or treaties.

Participation in Promotions

Owner may offer promotions to its users. In the event Owner offers users the ability to participate in any such promotion, such as a contest or sweepstakes, you agree that the rules and terms of such contest or sweepstakes will be made available to you under separate document and are expressly incorporated into this Agreement. You further acknowledge, understand, and agree that Owner may utilize one or more third party service providers for its promotional efforts, and your use of the same constitutes your acceptance of such third party service provider’s terms and conditions and privacy policy.

Privacy Policy

Owner hereby incorporates its Privacy Policy into the terms of this Agreement, and you agree to be bound by the same.

Copyright Policy

The Scorebook Live App and its contents are © 2015 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:

  1. 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:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. 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;
    3. 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;
    4. Information reasonably sufficient to permit Owner to contact you, such as an address, telephone number, fax number, and, if available, an email address;
    5. 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
    6. 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.
  1. 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: support@varcitysports.com
  2. Counter-Notification
    1. 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.
    2. A counter-notification must include:
      1. Identification of the specific materials that have been removed from the Scorebook Live App;
      2. Your name, address, telephone number, and email address;
      3. 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;
      4. 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
      5. Your physical or electronic signature.

Feedback

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.

You acknowledge and agree that Owner does not own or control such third parties, including without limitation third party feed providers, service and product providers, and payment processors and will not be held liable for any 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 such third party feeds, services and products or payment processing. You understand and agree that any purchase made in the Scorebook Live App may be processed by someone other than Owner. You further understand and agree that any promotion offered by Owner may be administered by someone other than Owner. You are advised to read the terms of use agreement of any such third party and only use or participate if you agree to such terms.

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 SCOREBOOK LIVE 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.

Indemnification

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.

Assignment

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.

Integration

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 writing signed by both parties.

Choice of Laws and Resolution of Disputes

You agree that for all legal and non-legal purposes, Scorebook Live Inc 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."

Additional Provisions

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.

Notice

Any notice under this Agreement or other contact must be sent via certified mail to Scorebook Live, Inc., via email to: support@scorebooklive.com