Scrimmage Search – Terms of Service
Last updated: August 1, 2020
These Terms of Service (“Terms” or “Terms of Service”) apply when you access or use our website and/or smart phone application, Scrimmagesearch.com (“Website”), our smart phone application and the services provided through the Website and App (collectively, “Services”). The Service is provided to you by ScrimmageSearch (“we,” “us” and “our”). These Terms explain the terms and conditions that will govern your use of the Services and constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) concerning your access to and use of the ScrimmageSearch website and/or Smart Phone Application.
Please read these Terms of Service carefully before accessing or using our website and/or our smart phone Application. By accessing or using our Services, you agree to be bound by these Terms of Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
When you use the Services, you represent that: (a) you are at least 18 years of age (or of the age of consent in your jurisdiction), (b) the information you submit is truthful and accurate; (c) your use of the Services do not violate any applicable law or regulation; (d) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service; (e) you will not access the Site and/or Smart Phone Application through automated or non-human means, whether through a bot, script, or otherwise; and (f) you will not use the Site and/or Smart Phone Application for any illegal or unauthorized purpose.
Updates to these Terms of Service
To access certain features of our Services, you may be required to register for an account with our Services. You can sign up for an account by completing the registration process when prompted in our App. If you register an account, you agree: (a) to provide true, accurate, current and complete information about yourself, whether provided by entering information in the Service’s registration form or by authorizing your social media account to provide us with your information (the “Registration Data”); (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) that you will not engage in any of the prohibited activities in Section 5 below.
You agree that you will not share your account login and password and are responsible for maintaining their confidentiality. You assume all responsibility for actions taken under your account, including any financial liability incurred. As part of your member account, you will be able to create a user profile, sync your activity across devices, and access certain features restricted to registered members only.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the exclusive right to suspend or terminate your account and refuse any and all current or future use of the Site and/or Smart Phone Application (or any portion thereof) without notice to you.
You may not access or use the Site and/or Smart Phone Application for any purpose other than that for which we make the Site and/or Smart Phone Application available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. We reserve the right to terminate your use of the Service or any related website and/or Smart Phone Application for violating any of the prohibited uses.
You agree that you in connection with your use of the Services, you will not:
- systematically retrieve data or other content from the Site and/or Smart Phone Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- use the Services for any improper, illegal, or unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means, using the system to send unsolicited or commercial emails or other communications, or engaging in unauthorized framing, mirroring, or linking to, the Services without our express written consent, or use any information obtained from the Site and/or Smart Phone Application in order to harass, abuse, or harm another person;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- take any action that would interfere with, disrupt, or create an undue burden on the Service or the networks, infrastructure, or services connected to the Services;
- use any meta tags, “hidden text,” agents, robots, scripts, spiders, crawlers or other tools or means, whether manual or automated, to collect, retrieve, scrape, index, mine, republish, redistribute, transmit, sell, license, download, access or manage the Services;
- distribute, transmit, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other technology or material intended to interfere with or cause harm to the Services or users of the Services;
- impersonate any other person or entity, sell or let others use your profile or password, or provide false or misleading identification or address information;
- decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof;
- violate or interfere with any rights of us, our users, or any other third parties, including intellectual property, privacy, or publicity rights; or
- circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use, access, or copying, or to enforce other limitation of use on the Services.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site/Smart Phone Application.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site and/or Smart Phone Application, or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site and/or Smart Phone Application.
- delete the copyright or other proprietary rights notice from any Content.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site and/or Smart Phone Application to you.
- make any unauthorized use of the Site and/or Smart Phone Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- use the Site and/or Smart Phone Application as part of any effort to compete with us or otherwise use the Site/Smart Phone Application and/or the Content for any revenue-generating endeavor or commercial enterprise.
- use the Site and/or Smart Phone Application to collect or track the personal information of others.
- attempt to bypass any measures of the Site and/or Smart Phone Application designed to prevent or restrict access to the Site/Smart Phone Application, or any portion of the Site/Smart Phone Application
- decipher, decompile, disassemble, or reverse engineer any of the software, coding or programming comprising or in any way making up a part of the Site and/or Smart Phone Application
Availability of the Services
We do not make any guarantees with respect to the availability of our Services. Our Services may be suspended temporarily without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
Intellectual Property Rights
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. We reserve all rights in and to the App not expressly granted to you under these Terms.
Provided that you are eligible to use the Site and/or Smart Phone Application, you are granted a limited license to access and use the Site and/or Smart Phone Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site and/or Smart Phone Application, the Content and the Marks.
If you submit any ideas, suggestions, feedback, or other content to us, you automatically grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, worldwide, perpetual, irrevocable, unrestricted, right and license to use, copy, display, perform, modify, adapt, publish, and distribute, or otherwise make available such content (including any associated intellectual property rights), in whole or in part, for any purpose.
By posting your Contributions to any part of the Site and/or Smart Phone Application or making Contributions accessible to the Site and/or Smart Phone Application by linking your account from the Site and/or Smart Phone Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
Subject to your agreement to and compliance with the terms of this agreement, we grant You a non-exclusive, non-transferable, non-sharable, revocable, limited license to use the services (including the software in connection with the services) solely for your personal, non-commercial use to the services in accordance with this agreement.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions and may revoke your right to use the Site at any time and without notice.
Electronic Communications, Transactions and Signatures
Visiting the Site and/or Smart Phone Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site/Smart Phone Application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE/SMART PHONE APPLICATION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third App Stores and Third-Party Sites.
You acknowledge and agree that the availability of the Services may be dependent on third party websites from which you download the Service, e.g., the Apple App Store or Google Play Store (each a “Third Party App Store”). You acknowledge that these Terms of Service are between you and us and not with the applicable Third-Party App Store. Each Third-Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third-Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third-Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
The Service may contain links to websites operated by third parties (“Third Party Sites”). For example, you may be able to share information with Third Party Sites through links on the Services; however, we do not own or operate the Third-Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Services does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws.
Dispute Resolution and Arbitration Agreement
Please Read This Following Clause Carefully — It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
If the Parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL AND ARE EXPRESSLY WAIVING YOUR RIGHT TO LITIGATION IN A COURT OF COMPETENT JURISDICTION. AS PART OF THIS WAIVER, YOU AGREE TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after You knew or should have known that the facts leading to the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Initial Dispute Resolution.
We are available by email at email@example.com to address any concerns, you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Both, you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating arbitration.
Exception – Small Claims Court Claims.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of the small claims court’s jurisdiction. For any small claims’ actions against us, you agree to litigate this matter in the exclusive jurisdiction of Los Angeles County, State of California.
You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and the Company.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES, SITE AND SMART PHONE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICES, WE DO NOT MAKE ANY REPRESENTATIONS ABOUT OR IMPLY THAT WE ENDORSE ANY USER CONTENT OR CONTRIBUTIONS AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT OR CONTRIBUTIONS HOSTED ON THIRD PARTY SITES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICES, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON OR LINKED TO BY THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER THEORY OF LIABILITY SHALL NOT EXCEED ONE THOUSAND $1,000 DOLLARS.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notice to California Users.
Under California Civil Code Section 1789.3, users located in California entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to firstname.lastname@example.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Digital Millennium Copyright Act Policy.
We follow the notice and take down provisions of the Digital Millennium Copyright Act (the “DMCA”). In addition, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user Contribution on the Service infringes upon your copyrights, you may submit a takedown notification to us by sending an email to email@example.com.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
No Modifications by Our Employees.
If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
Term and Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If you have any questions about these Terms of Service or your account, please contact us at firstname.lastname@example.org.