Terms of Service

1. ACCEPTANCE, APP, AND LICENSE

These Terms of Service (these “Terms”) apply to the SportsCaster platform (the “Platform”) provided by SportsCaster Inc. (“Company”). Company (“we,” “us,” “our”) provides the Platform to you subject to your acceptance of these Terms. We may update the Terms by providing a new version on your device, and your continued use of the Platform after any such update constitutes your binding acceptance of such changes. This document is a binding contract between you and the Company.

When using the Platform, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the Terms. The Platform is solely for your personal, non-commercial use. When you register with us, you agree to provide accurate, current, and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current, and complete.

Subject to your agreement and continuing compliance with these Terms and any other relevant Company policies, Company grants you a non-exclusive, non-transferable, revocable limited license to access and use the Platform using a Company-supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Platform for any other purpose.

Company reserves the right to modify or discontinue the Platform (or any part thereof) with or without notice at any time. You agree that Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform, except as otherwise specified in any separate rules governing certain events or contents.

We may provide certain products and services for purchase within the Platform (each an “In-App Purchase”). In-App Purchases (a) may include additional functionality, content, or subscription access to content or services, and (b) may be subject to additional terms within the In-App Purchase. Once you have received an In-App Purchase, you are responsible for any loss or damage to the In-App Purchase, and Company shall have no liability in such circumstances, regardless of cause. You expressly understand and agree that your use of In-App Purchase is at your sole risk and that any In-App Purchase is provided “as is” and “as available.” All In-App Purchases are final. Once you have made an In-App Purchase, we encourage you to promptly take the necessary steps to complete your transaction (e.g., activate or download any content).

The Platform is intended for the use of adults 18 years or older and children over the age of 13. You acknowledge and agree that you are not permitted to use the Platform, and you shall not use this website, if you are under the age of 13. By using the Platform or this website, you (a) certify that you are at least 18 years of age or, if you are under the age of 18 but at least 13 years of age, you certify that you have the permission of your parent or guardian who agrees to be bound by these Terms and is responsible for your actions, and (b) agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to (c) assist children under the age of 13 in accessing the Platform or website or (d) attempt to contact children under 13 in conjunction with the Platform or the website.

2. PRIVACY AND SECURITY

Your Registration Data, as well as information that you may provide at other times during your use of the Platform, is subject to our Privacy Policy (available at sportscaster.com/legal/privacy-policy, which is incorporated by reference into these Terms.

When registering for any part of the Platform, you may be required to authenticate with Google services. SportsCaster uses Google services to authenticate users and to provide a secure and seamless experience, but does not assume any responsibility for the security of your Google account.

3. USER CONDUCT

By using the Platform, it is your responsibility to know, understand, and abide by our rules of conduct. These rules are not meant to be exhaustive, and Company reserves the right to determine what types of conduct it considers to be inappropriate use of the Platform and to take such measures as it sees fit. Company reserves the right to add to or amend this list of rules at any time.

You agree that you will not use the Platform to:

Make available content that:

harasses, abuses, defames, or threatens other users;
contains graphic/violent content, nudity, pornography, or otherwise content deemed objectionable by Company;
degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
contains any other party’s intellectual property unless you have the right to do so or violates the privacy, publicity or other personal rights of others;
contains software viruses or any other computer code, files, or programs that can interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

stalk or harass any other person or entity;
manipulate identifiers in order to disguise the origin of any content;
impersonate any entity or misrepresent your affiliation with a person or entity;
post advertisements or solicitations, or otherwise engage in commercial activity;
interfere with the Platform or servers or networks connected to the Platform, or disobey any requirements of networks connected to the Platform;
violate any applicable local, state, national or international law or regulation;
promote or facilitate illegal gambling or wagering;
make available, distribute, re-upload or share any video, photos, downloads, or other content provided by Company or through the Platform to any other website, streaming technology, peer-to-peer software, or similarly unauthorized distribution channel unless expressly authorized to do so by Company;
use any meta tags or any other hidden text using the Company’s name or trademarks;
attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the website;
attempt to monitor or copy any material through the use of any robot, spider or other automatic device;
access any content not intended for your use or log onto a server or account that you are not authorized to access; or
attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Violation of the rules of conduct may result in the immediate removal of your content from the Platform and/or the termination of your account(s).

You understand that all postings and content submitted to any part of the Platform by users (“User Materials”), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. You are entirely responsible for all User Materials that you make available via the Platform.

You acknowledge that Company may or may not pre-screen User Materials, but that Company and its designees have the right (but not the obligation) in their sole discretion to remove any User Materials. You understand that by using the Platform, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Platform.

With respect to User Materials you directly submit or make available on the Platform, you grant Company an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.

4. LOCATION-BASED SERVICES

The Platform may contain functionality that can enable Company to access your location and tailor your experience with the Platform based on your location (“Location-based Services”). To use Location-based Services, you must enable certain features of your mobile device (e.g., GPS, Wi-Fi, or Bluetooth) to allow Company to identify your location. To the extent your location is collected through Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third party that may access such information for the purpose of providing such data services to Company. You agree to such access by such third parties. You may enable or disable such Location-based Services at any time via a menu within the Platform. If you choose to disable any Location-based Services on your device and/or opt-out of any Location-based Services through the menu, you will not be able to utilize certain features of the Platform. By enabling Location-based Services on your device, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the Platform, (ii) Company may provide Location-based Services related to and based on your then-current location, and (iii) Company may use any such information collected in connection with the provision of Location-based Services in providing the Platform.

PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND COMPANY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.

5. INDEMNITY

You agree to defend, indemnify, and hold harmless Company, its parent company, affiliates, subsidiaries, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees, and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney’s fees) made by any third party due to or arising out of your use of the Platform, any transaction resulting from use of the Platform (including, without limitation, any In-App Purchases), your connection to the Platform, your violation of these Terms, your submission, posting, or transmission of User Materials to the Platform, and/or your violation of any rights of another.

6. TERMINATION

You agree that Company may, in its sole discretion and without notice, immediately terminate your access to the Platform. Termination of your account(s) may include (i) removal of access to all offerings within the Platform, (ii) at Company’s sole discretion, the deletion of all of your account information related to the Platform, User Materials, and other content associated with your account(s) related to the Platform (or any part thereof), and (iii) barring your further use of the Platform. You agree that Company may refuse access to the Platform to anyone for any reason at any time and may force forfeiture of any username for any reason.

7. LINKS

The Platform or other user-generated content may provide links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

8. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

All title, ownership, and intellectual property rights in and to the materials contained in the Platform are owned by Company or its licensors. Unless noted otherwise, you should assume that all content, software, and other materials made available through the Platform are protected by copyright, trademark, and other applicable intellectual property law and may not be used except as permitted in these Terms.

Nothing contained in the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Platform without the written permission of Company or any such third party that may own the trademarks. Your misuse of the Company trademark(s) displayed in the Platform, or any other content in the Platform, except as provided in these Terms, is strictly prohibited. You are also advised that Company will aggressively enforce its intellectual property rights to the fullest extent permitted by law, including by seeking criminal prosecution.

Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company with a notice containing the following information and send it to support@sportscaster.com:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS. THE COMPANY DOES NOT REPRESENT THAT THE PLATFORM WILL BE ERROR FREE OR UNINTERRUPTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
BY ACCESSING OR USING THE PLATFORM, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

10. LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE PLATFORM; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (D) ANY OTHER MATTER RELATING TO THE PLATFORM.

11. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. GENERAL INFORMATION

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this Agreement.

Notice. Company may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, or postings on the Platform; provided, however, that this Section places no requirements on Company not already expressly set forth herein.

Choice of Law and Dispute Resolution. These Terms are governed by the laws of the State of Michigan, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Oakland County, Michigan, for any claims arising out of or relating to your use of the Platform. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms or your use of services or information offered by Company, any dispute relating in any way to your use of or access to any part of the Platform shall be submitted to confidential arbitration in Michigan, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no dispute under this Agreement shall be joined to a dispute involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Entire Agreement; Waiver; Severability. These Terms constitute the entire agreement between you and Company with respect to your use of the Platform. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Territorial Restrictions. The Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject the Company to any registration requirement within such country or jurisdiction. The Company reserves the right to limit the availability of the Platform or any portion thereof, to any person, geographic area, or jurisdiction, at any time and in its sole discretion.

Survivorship. You agree that any of your registered accounts in the Platform is non-transferable and any rights to your user ID or account contents terminate upon your death.

Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.