Last Updated: January 01, 2021
Welcome to SBLive Sports. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"), including, without limitation, any request to receive information about, or to purchase any of the products or merchandise made available through our website(s) (each, a "Product"). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@scorebooklive.com.
These Terms of Use (the "Terms") are a binding contract between you and SBLive Sports. ("SBLive," "we" and "us"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy, Copyright Dispute Policy, User Guidelines, and any other relevant policies and any other accompanying terms and conditions of sale entered into between you and us for the sale of any Products or Paid Services (as defined below). Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Products and Services, so these Terms may need to change along with our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at scorebooklive.com, send you an email, and/or notify you by some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
SBLive takes the privacy of its users very seriously. For the current SBLive Privacy Policy, please click here.
Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@scorebooklive.com.
What are the basics of using SBLive?
You may be required to sign up for an account, select a password and user name ("SBLive User ID"), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your SBLive User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). Individuals between 13 and 18 years of age may utilize the Services only with the involvement of a parent or guardian. If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization's or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services and Products you obtain for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services or Products in a way that breaks the law.
You will not share your SBLive User ID, account or password with anyone, and you must protect the security of your SBLive User ID, account, password and any other access tools or credentials. You're responsible for any activity associated with your SBLive User ID and account.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, video, photos, images, illustrations, virtual goods and services, User Submissions (as defined below) and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including SBLive's) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that SBLive owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to SBLive or to other users?
User Submissions
Anything you post, film, upload, share, store, contribute, or otherwise provide through the Services, including, without
limitation any profile pictures, user names, audio, video, footage, copy, images, comments, and all other information and data
resulting from your use of the Services, is your "User Submission." Some User Submissions (including but not limited to profile
pictures and user names) may be viewable by other users. You are solely responsible for all User Submissions you contribute to
the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance
with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
Licenses
In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant
us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses
are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable
information.
By submitting User Submissions through the Services, you hereby do and shall grant SBLive a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Certain features of the Services allow you to share information with others, including through your social networks or other services where you have an account ("Third Party Accounts"). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a "share" button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize SBLive to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
Finally, you understand and agree that SBLive, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing , and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services, is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Content may include extreme or dangerous activities, if you engage in any such activities, you do so at your own risk; SBLive does not endorse users engaging in the activities that may be presented through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third party websites or services that are not owned or controlled by SBLive. When you access third party websites or use third party services, you accept that there are risks in doing so, and that SBLive is not responsible for such risks.
SBLive has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, SBLive will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that SBLive shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that SBLive is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release SBLive, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "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."
Will SBLive ever change the Services?
We're always trying to improve our Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What about Mobile Applications?
You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an "App Store"). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
I use the SBLive App, the Gameday app, and the Scorebook app available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including our iOS applications (the "Application") available via the Apple, Inc. ("Apple") App Store, but the following additional terms also apply to the Application:
What about Contests?
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. Each SBLive contest operated through the Services, including without limitation through SBLive's mobile application ("App") (each, a "Contest") is sponsored by SBLive. "Contest" shall not include any contest that SBLive may offer exclusively as part of the Paid Services, which shall be subject to separate terms, to be made available to individuals who have paid for such Paid Services. In addition to these Terms and our Privacy Policy, your participation in any Contest is subject to the terms of this Section (the "Official Rules"). The Contests are not sponsored, endorsed, administered by, or associated with Apple Inc. or its subsidiaries or affiliates or any sports leagues.
ELIGIBILITY:
Subject to these Official Rules, the Contests are open to any individual who is at least 13 years old as of the date of entry.
Employees of SBLive and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other
entity involved in the development or administration of the Contests, and their immediate family members or household members,
or any other individuals or parties deemed not eligible under the Terms, are not eligible to participate in or win the
Contests. THE CONTESTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS
WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL
APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
Notice to all international entrants: As stated above, it is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding contests that may prevent SBLive from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from SBLive. By entering this Contest, you acknowledge the risks, and understand that you may win but not be able to receive a Prize.
ENTRY PERIOD:
Contests will be announced through the Services from time to time. You may join the Contests while they are live.
HOW TO ENTER AND PLAY:
No purchase or payment is necessary to participate in the Contests. Enter the Contests by completing each of the following
steps:
By downloading or using the App or the Services, you agree that your use, and any information provided by you or collected by SBLive in connection with the Contests, are subject to the Privacy Policy and Terms. SBLive may use your information in accordance with the Terms and/or the Privacy Policy and may share such information with SBLive's affiliated business entities, service providers, prize providers, marketing and promotional partners and/or business partners. All information submitted to or through the App or the Services becomes the property of SBLive unless otherwise expressly set forth in writing by SBLive.
SBLive expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void.
PRIZES:
The winner of each Contest will receive a prize determined in SBLive's sole discretion (the "Prize").
Decisions of the SBLive are final and binding with respect to all matters related to the Contest. In no event shall the SBLive be obligated to award any prizes other than the Prize specified in these Official Rules or as otherwise set forth where specific Contest rules and terms are provided. The SBLive does not guarantee that the Prize can be made available to the winner. The Prize is not assignable and not transferable and no substitutions are permitted. In addition, if the Prize is unable to be fulfilled to the winner due to any applicable law, rule or regulation, or for any other reason, or if the winner cannot claim the Prize for any reason, then SBLive reserves the right to not award the Prize at all. The winner shall be responsible and liable for all federal, state and local taxes on the value of the Prize.
PRIZE SELECTION:
The winner of the Contest will be the person with the most points at the end of each day. In the event of a tie, the person
with the most coins within the App, as determined by the SBLive, will be the winner of the Contest. Cash prize fulfillment will
be subject to these Official Rules. Other prize fulfillment may be subject to the terms, conditions and privacy policies of
other business entities. For example if another entity sponsors or otherwise provides support for a prize, that entity may
require additional steps to redeem such prize.
The Contest will be conducted under the supervision of the SBLive. The decisions of the SBLive are final and binding in all matters relating to this Contest. The winner will be notified in the App or by direct messaging; provided, however, that SBLive reserves the right to determine an alternate method of notification. Upon such notification, to cash-out the Prize, the winner must contact SBLive at support@scorebooklive.com. SBLive will request winner's phone number and any other information SBLive deems necessary to verify winner's identity before a Prize is awarded.
The winner must cash-out the Prize within 30 days after the date of notification of such Prize. A Contest winner's failure to cash-out the Prize within the specified 30 days will be considered such Contest winner's forfeiture of the Prize and SBLive may, at its option and sole discretion, choose not to award the Prize at all. If an entrant is found to be ineligible, SBLive may, at its option and sole discretion, choose not to award the Prize at all.
GENERAL CONDITIONS AND RELEASES:
By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When
applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and
returning) to SBLive, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted
by SBLive to be eligible for the Prize. The winner may be required in SBLive's sole discretion to complete relevant tax forms
as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and
birth date in order to receive a Prize.
Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner SBLive deems appropriate for publicity purposes without any compensation to you or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing your name/user name on a winner's list or leaderboard). Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have SBLive (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audiovisually record you, (ii) have SBLive (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that SBLive sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and (iii) have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
An entrant or winner may be disqualified from the Contest if he or she fails to comply with each provision of these Official Rules and all other applicable terms and rules for the particular Contest, as set forth by SBLive, as determined in the sole discretion of the SBLive. Participation in the Contest is at entrant's own risk. SBLive shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading or using the App or the Services or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof. THE CONTEST IS PROVIDED "AS IS" AND SBLive DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST. NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SBLive SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES' REASONABLE CONTROL.
By entering the Contest, you agree to and hereby do release and hold harmless SBLive, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the "Released Parties") from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, "Claims") that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. SBLive reserves the right to modify these Official Rules in any way and at any time. SBLive reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, SBLive shall promptly post a notice on the Services to such effect. This Contest shall be governed by New York law, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in New York, NY, by and under the American Arbitration Association's rules for arbitration of consumer-related disputes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, SBLive may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
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