Terms of service and end user license agreement
These Terms of Service and End User License Agreement (hereinafter the “Agreement”) explain and govern how you can use the products and services we offer (the “Services” as defined further below).
Understanding this Agreement is important because, by using our Services, you’re legally agreeing to abide by everything set forth herein (including, where applicable, other linked or referenced agreements).
The Services governed by this Agreement are provided by, and you’re contracting with, the following entity (“us”, “we”, “our”, “company”):
34635 WRIGHT RD P.O. BOX 445
PINEHURST, TX 77362
- Age requirements
If you’re under the age of majority where you live (eighteen in most states), you must have your parent or legal guardian’s permission to use our products or services. Please have your parent or legal guardian read these terms with you.
- This Agreement works with other agreements
This Agreement provides the general terms and conditions applicable to our family of Services. Many of our Services also have their own additional, specific terms and conditions unique to the particular Service being offered (“Service-specific terms”). You should review those Service-specific terms where applicable, because they supplement this Agreement and likewise form a binding legal contract between you and us.
To the extent they conflict with this Agreement, the Service-specific terms will govern your use of the particular Service to which they apply.
- Your account.
To use the Services, you must register with and create a User account (a “User Account”), as well as reaffirm your acceptance of and agreement to this Agreement and those additional terms, conditions and policies referenced herein, as we may require from time-to-time. Unless otherwise permitted by us in writing, an individual User may only have one (1) non-transferable User Account.
You are responsible for all activity that occurs under your User Account and you are prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password) and that absent such notice from you, you agree that we may assume that any communications we receive from, through or in reference to your User Account. You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current payment method and email address) because your failure to do so may result in your inability to access, use or receive all or any part of Services. For the sake of security, you must immediately notify us if you suspect that a third-party has gained access to or is making any use of your User Account without authorization. For the avoidance of doubt, we have the unencumbered right to access and use, and to allow our agents, employees, representatives, contractors and vendors to access and use, the information in your User Account.
- The Services defined
The Services include our mobile application and any features, content, or other offerings that we make available on or through that application. Those features may allow you (for example and without limitation) to upload or review videos or statistics; locate and sign up for tournaments; or record athletic measurables.
- We grant you a limited license to use our Services.
Provided you comply with this Agreement and any other applicable Service-specific terms, we grant you a limited license to:
- Download, install, and use our mobile application for your personal, non-commercial use on compatible devices owned or controlled by you, strictly in accordance with the applicant’s documentation; and
- Access, stream, download, and use the Services on such mobile device(s).
The license we give you is:
- Non-exclusive (we can license the Services to others as well);
- Royalty-free, which means there are no fees for this license (though there may be a fee to use specific Services);
- Personal to you; and
- Non-assignable, which means you’re not allowed to assign the license to anyone else.
To be clear, we are conveying no ownership of any property to you, and your license to use the Services is strictly limited to the license granted in this Agreement and any Service-specific terms.
- License restrictions
You shall not:
- Copy any part of the Services, except as expressly permitted by this license;
- Modify, translate, adapt, or otherwise create derivative works or improvements of the Services;
- Reverse-engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of any part of the Services; or
- Remove, delete, alter, or obscure any trademarks, copyright, or other intellectual property or proprietary right notices from the Services.
We may from time to time develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the mobile application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement and any applicable Service-specific terms.
- Using the Services
When you use the Services, you agree to:
- Respect others – we want to maintain a respectful environment for everyone;
- Refrain from using profanity or posting obscene or other content deemed objectionable in our sole discretion;
- Comply with all applicable laws, whether federal, state, or local;
- Respect the rights of others, including privacy and intellectual property rights; and
- Refrain from using the Services in a misleading or deceptive manner.
The Service-specific terms may provide additional details about appropriate conduct.
- You give us permission to use your content
Some of our Services are designed to let you upload, submit, store, send, receive, or share your own information and content (“User Content”).
You grant us a limited license to:
- Host, archive, store, reproduce, distribute, communicate, and otherwise use your User Content;
- Publish, publicly perform, or publicly display your User Content;
- Modify and create derivative works based on your User Content, such as reformatting or translating it; and
- Sublicense or otherwise transfer those rights.
You represent and warrant to us that:
- You own or have obtained all necessary rights to grant the above license for your User Content;
- Your User Content will not infringe the intellectual property, privacy, or other rights of any other individual or entity;
- Your User Content is not disparaging or defamatory; and
- Your User Content is accurate, truthful, not misleading, not deceptive, or otherwise unlawful in any way.
The license you grant is:
- Non-exclusive (you can license your User Content to others);
- Non-revocable; and
- Royalty-free, which means there are no fees for this license.
For the avoidance of doubt, you are not entitled to any compensation for User Content.
All feedback, suggestions and other submissions that are submitted by you in connection with using the Services shall be the non-confidential and may be used, sold, exploited and disclosed in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you.
- Removal of content; suspension of Services
If we reasonably believe that any of your User Content violates: (1) this Agreement; (2) any Service-specific terms; or (3) any applicable law, or if we believe your User Content to be offensive or threaten harm to someone else, we have the right to remove your User Content in our sole discretion.
We also reserve the right to suspend or terminate your access to the Services.
- Term and termination
You are free to discontinue your use of the Services at any time, but you cannot use the Services without abiding by this Agreement. This Agreement becomes effective when you download our mobile application or otherwise sign up for Services, and continues in effect until terminated as set forth herein:
- You may terminate this Agreement by deleting the Services and all associated data from your mobile device(s);
- We may terminate this Agreement at any time by notifying you in writing or terminating your account or access to the Services;
- We may also stop providing the Services at any time, for any reason sufficient in our sole discretion, at which point this Agreement will terminate.
- All rights granted to you under this Agreement will also terminate;
- You must cease all use of the Services; and
- Termination will not limit any of our rights or remedies at under this Agreement, at law, or in equity, which will survive and persist after termination.
- Disclaimers and limitations
Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, OUR AFFILIATES, EMPLOYEES, PRINCIPALS, AND OTHER REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, EMPLOYEES, PRINCIPALS, AND OTHER REPRESENTATIVES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO USE THE SERVICES, IF ANY, AND IN NO EVENT MORE THAN $100.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE , AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS, AS WELL AS OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR USE OR MISUSE OF THE SERVICES OR YOUR BREACH OF THIS AGREEMENT.
ADDITIONALLY, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COST AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM (i.) YOUR PROVISION OF ANY PHONE NUMBER, E-MAIL ADDRESS, OR OTHER DELIVERY LOCATION THAT IS NOT YOUR OWN; (ii.) YOUR VIOLATION OF APPLICABLE FEDERAL, STATE OR LOCAL LAW, REGULATION OR ORDINANCE; (iii.) (TO THE FULLEST EXTENT PERMITTED BY LAW), ANY DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES; (iv.) NON-DELIVERY, DELAYED DELIVERY, MISDIRECTED DELIVERY OR MISHANDLING OF, OR INACCURATE CONTENT, INFORMATION AND INSTRUCTIONS RELATING TO THE SERVICES; (v.) ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON; OR (vi.) YOUR FAILURE TO COMPLY WITH ANY TERMS AND CONDITIONS PROVIDED BY YOUR COMMUNICATION SERVICE PROVIDER, ANY APP STORE, OR THE TERMS AND CONDITIOMS SET FORTH HEREIN. YOUR OBLIGATION UNDER THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THE AGREEMENT.
- Disputes, governing law, and courts; CLASS ACTION WAIVER.
This Agreement, will be governed by and construed in accordance with the laws of the State of Texas (without regard to any choice of law analysis). Any dispute, claim, lawsuit, litigation, or other legal proceeding arising out of or relating to this Agreement, the Services, or any transaction contemplated thereby, shall be filed and pursued exclusively in the federal or state courts located in Harris County, Texas. You and we hereby irrevocably submit to the jurisdiction of said courts, agree that said courts are a convenient forum, and irrevocably waive any right to contest jurisdiction or venue in said courts.
Any dispute must be raised within two (2) years after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void.
YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST COMPANY.
- Export regulation
The Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.
- DMCA and copyrights
Copyright Infringement & DMCA. We have adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the “DMCA”). The address of our Designated Agent for copyright takedown notices (“Designated Agent”) is:
34635 WRIGHT RD P.O. BOX 445 PINEHURST, TX 77362
If you believe that Content residing or accessible on or through the Services infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we can find it and verify its existence.
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
If you do not receive a response from us within ten (10) days of submitting a complaint, please email us again at firstname.lastname@example.org to confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.
- A note on Apple.
Acknowledgement. The Parties hereby acknowledge that this Agreement is between the Parties only, and not with Apple; Apple is not responsible for the Services; Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services; Apple has no warranty obligations, whether express or implied; Apple is not responsible for addressing any claims you or any third party may have; this Agreement’s usage rules are not intended to be less restrictive than Apple’s; and Apple is a third-party beneficiary of this Agreement. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control.
- Other legal provisions
No relationship. YOU ARE AN INDEPENDENT CONTRACTOR. NO EMPLOYEE-EMPLOYER RELATIONSHIP EXISTS BETWEEN YOU AND COMPANY, AND WE ARE NOT A PARTNER, AGENT, FRANCHISEE, JOINT VENTURER OR ENGAGED IN ANY OTHER JOINT OR COMMON UNDERTAKING.
Severability. If any provision or any part of any provision of this Agreement shall for any reason be held to be invalid, unenforceable, or contrary to public policy or any law, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way, and thereafter, this Agreement shall be construed in such a manner as to best effectuate the Agreement’s original intent.
Entire Agreement. It is expressly agreed and understood that this document sets forth the entire Agreement between you and us, and that the consideration for this Agreement is contractual and not a mere recital. You agree and acknowledge that you have not seen, heard, or relied upon any promises, statements, representations, covenants, or warranties, whether written or oral, express or implied, made by another Party, except to the extent that a matter is expressly stated in this Agreement, and expressly disclaim any reliance on any other representation made by us.
Modification. We may modify this Agreement at any time. If we do, we will promptly make the modified Agreement available to you on our website, through the Services, or by other reasonable means. Your continued use of the Services after modification constitutes acceptance of the modified Agreement.
Force Majeure. We shall not have any liability for any failure to perform obligations under this Agreement if such failure is caused by fire, flood, natural disaster, epidemic, pandemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of Company or such other party.
Last Modified: 11-21-2023.
SERVICE SPECIFIC TERMS – STATKEEPER
This portion of the Services (the “Statkeeper Services”) may allow authorized Users to do the following:
- Tournament managers or their authorized designees
- Keep and review statistics for seven-on-seven football games; and
- Broadcast seven-on-seven football tournaments and games;
- Other Users
- Watch broadcasted tournament and games via livestream;
- Post, like, dislike, and comment upon photographs; and
- Post video clips to certain areas of our mobile application.
The following restrictions apply to your use of the Statkeeper Services, in addition the restrictions and provisions of the Agreement:
- Users will not use the Statkeeper Services except as expressly authorized above (e.g., Users not specifically authorized by tournament managers will not broadcast games via the Statkeeper Services);
- Users will not use the Statkeeper Services to post or publish misleading content; and
- Users will refrain from using the Statkeeper Services in a harassing or obscene manner.
Nothing in these Service-specific terms is intended to conflict with the Agreement, and these Service-specific terms shall be interpreted to avoid conflict to the greatest extent possible under governing law.