Last Updated Date: August 14, 2014
“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
THE SERVICE COLLECTS YOUR INFORMATION
We collect Personal Information when you: • log in with social networking credentials; • use the Service; and • communicate with us. We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Service.
Social Sign-On. We collect Personal Information from your Social Networks when you use your Social Network credentials to log into the Service. For example, when you log in with your Facebook credentials, we collect the Personal Information you have made publicly available in Facebook, such as your name, location, email address and profile picture. When you log in with your LinkedIn credentials, we collect Personal Information such as your name and email address. We will also collect other information you have authorized your Social Networks to share with us, such as your education, profession, hometown, gender, age, events, and public friends or connections lists.
Using the Service. We collect information you post through the Service. For example, when you interact with other Users by sending them Messages, the Service will collect the information you provide in such submissions, including any Personal Information.
Making Payments. When you make payments through the Service, you may need to provide Personal Information to our third-party service providers, such as your credit card number.
Customer Support. We may collect Personal Information through your communications with our customer-support team.
Location Information from Your Mobile Device. We may collect and store your location information if you enable your mobile device to send it to us. Collection of this information may improve the provision of the Service.
Cookies, Automatic Data Collection, and Related Technologies. The Service collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics. When you visit the Service, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Service may not work properly. By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service.
HOW TLA USES YOUR INFORMATION
We use Personal Information to • facilitate and improve our services; and • communicate with you. We may use aggregate information for any purpose, including for marketing purposes.
Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes only and may provide it to third parties to allow us to facilitate the Service. We may use and retain any data we collect to provide and improve our services.
Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
Marketing. We may use information, including Personal Information, to provide online advertising on the Service and to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
Aggregate Data. We may anonymize and aggregate data collected through the Service and use it for any purpose.
TLA MAY DISCLOSE YOUR INFORMATION
We may share your information: • with our third-party service providers; • to comply with legal obligations; • to protect and defend our rights and property; and • with your permission. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Service.
Displaying to Other Users. Your Profile will be displayed to other Users; provided, however, that we will use commercially reasonable efforts to not display your Profile to (1) Users with whom you are currently “friends” or “connected to” on Facebook or LinkedIn, as applicable and (2) Users who have identified the same current employer as you on a Social Network. We are not responsible for privacy practices of the other Users who will view and use the posted information.
Inviting Friends. The Service may allow you to share information, including Personal Information, with social networking websites when you invite friends to use the Service. We do not share your Personal Information with them unless you direct the Service to share it. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites. You may also invite friends to use the Service by sending them a text message. We will not collect the phone numbers of any person you invite to use the Service through text message.
Marketing. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. We may allow access to other data collected by the Service to enable the delivery of online advertising on this website, or otherwise facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.
SECURITY OF YOUR INFORMATION
We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it. We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Service is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at email@example.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION
The League App, Inc. • 508 Natoma St. San Francisco, CA 94103 • firstname.lastname@example.org
Terms of Service
END USER LICENSE AGREEMENT AND TERMS OF SERVICE
This End User License Agreement and Terms of Service (this “EULA”) constitutes a binding contract between you and The League App, Inc. Throughout this EULA, we will refer to you as “you”, we will refer to The League App, Inc. as “we”, “us”, or “TLA”. This EULA governs your use of the website (the “Website”) and any mobile applications (each, an “App”) or other Internet services under TLA’s control and used to provide TLA’s services to you (the Website, Apps, and such Internet services are, collectively, termed the “Service”). BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.
To have a copy of this EULA sent to you, contact TLA at email@example.com
1. Summary of Material Terms. As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following: • the App is licensed, not sold to you, and that you may use the Service only as set forth in this EULA; • the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are solely your responsibility; • you consent to the collection, use, and disclosure of information you provide and other information obtained about you from your use of the Service, including personally identifiable information and location information; • the App and Service are provided “as is” without warranties of any kind and TLA’s liability to you is limited; • disputes arising hereunder will be resolved by binding arbitration. By accepting this EULA, as provided in greater detail in Section 22 of this EULA, you and TLA are each waiving the right to a trial by jury or to participate in a class action; • the App may require access to the following services or resources on your mobile device: applicable device identifier, location, as further described in Section 10; and • if you are using the App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple,” below.
a. The Service provides a platform for young professionals (“Users”) to connect and meet new people. TLA will provide you with a series of profiles of other Users (“Prospects”) on the Service. Once you and a particular Prospect indicate you like each other (a “Match”), messaging is opened up between you.
b. Third Party Fees. Your may incur third party fees through use of the Service. In addition, you may be subject to third party terms, through your use of the Service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
c. Changes to the EULA. We may revise this EULA at any time to take account of changes in the law, or for any other reason. If we update the EULA, we will post a new version on the Website and within the App. As soon as you use the Service after the updated EULA is posted, you will be deemed to have agreed to the updated version. Your continued use of the Service after a change to the EULA constitutes your binding acceptance of the EULA.
d. Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
3. Scope of License to Users.
a. License Grant to You. The Service is licensed, not sold, to you for use only under the terms of this EULA. Subject to your complete and ongoing compliance with the terms and conditions of this EULA, TLA hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your own use. The Service is for your personal, non-commercial use only.
b. License Limitations. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
c. Applicability to Updates. The terms of the EULA will govern any updates provided to you by TLA that replace and/or supplement the Service, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
4. Registration and Eligibility.
a. Registration. Anyone may apply to be a part of the Service by logging in through the social media networks identified on the Service, such as Facebook and LinkedIn (collectively, “Social Networks”). We reserve the right to disallow anyone from registering for the Service.
b. Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. You shall be solely responsible for maintaining the confidentiality of your password. If you have any reason to believe that your account has been compromised or that your account has been accessed by a third party, you agree to immediately notify TLA via e-mail at firstname.lastname@example.org. You will be solely responsible for the losses incurred by TLA and others due to any unauthorized use of your account.
5. Content You Submit; License Grants From You.
a. Your Content. When you log in, we will collect the information you have made publicly available in your Social Networks, or have otherwise authorized your Social Networks to share with third party applications like ours, such as your profile picture, education, and employment information (collectively, “Social Content”). We use your Social Content to populate your profile on the Service (your “Profile”) and suggest Prospects to you. TLA claims no ownership or control over your Social Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of your Social Content. You are responsible for protecting those rights.
b. License Grants to TLA. By logging into the Service, you grant TLA a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display your Social Content in order to facilitate the display of your Social Content to you and other Users.
c. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own your Social Content or otherwise have the right to grant the license set forth in this EULA, (ii) the use of your Social Content on or through the Service does not violate the trade secret rights, privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Social Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of your Social Content that you post on or through the Service. You also acknowledge and agree that your Social Content is non-confidential and non-proprietary.
d. Privacy. We do not show your Profile to all Users. Through the information we obtain from your Social Networks, we will use commercially reasonable efforts to display your Profile only to Users that (i) you are not connected with on a Social Network (e.g., your Facebook friends or LinkedIn connections) or (ii) have identified the same current employer on their Social Networks as you.
6. Fees; Payments.
a. Fees. TLA may charge you a fee for certain features on the Service (the “Fee”). Any Fee will be set forth on the Service. Any Fees will be paid through our third party payment processors and must be in U.S. Dollars.
7. Sending Messages Through the Service; Inviting Friends.
a. The Service may allow Users to send messages (“Messages”) to other Users. Sending Messages is a privilege, not a right, and TLA may terminate such privileges of any User at any time and for any reason, without any liability to such User. If a User sends you an objectionable Message, then please notify us by sending an e-mail to email@example.com. You agree that TLA may monitor Messages for compliance with this EULA, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transmission to the intended recipient through the Service and for such other purpose as TLA may deem appropriate in its sole discretion.
b. Inviting Friends. TLA may offer you the ability to invite your friends to use the Service by sending them a text message from your phone. You represent and warrant you will only send text messages through the Service to people who have given you their express consent to be text messaged, and you hereby agree to indemnify and hold TLA harmless from any and all claims arising out of your sending text messages to any person. You are responsible for all fees and charges associated with such messages.
8. Third Party Materials; TLA Content.
a. You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials”), and data, information, applications, materials and other content from TLA (collectively, “TLA Content” and, together with Third Party Materials, but excluding your Social Content, “Service Content”), that may be offensive, indecent, or objectionable. You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk. TLA will not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable. b. In addition, third party services and Service Content that may be accessed from, displayed on, or linked to your device are not available in all languages or in all countries. TLA makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
9. Your Use of the Service and Service Content. Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
a. You may access the Service solely as intended through the provided functionality of the Service and as permitted under this EULA.
b. You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without TLA’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without TLA’s express written consent: i. altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and ii. using any trademarks, service marks, design marks, logos, photographs or other content belonging to TLA or obtained from the Service.
c. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
d. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by this EULA, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by TLA.
e. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent TLA makes available the means for embedding any part of the Service or Service Content.
f. You agree not to access, tamper with, or use non-public areas of the Service, TLA’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of TLA’s providers.
g. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including TLA employees and other users. h. You agree not to provide any false personal information to TLA or any other user, or create a false identify or impersonate another person or entity in any way.
i. You agree not to create a new account on the Service, without TLA’s express written consent, if TLA has previously disabled an account of yours. j. You agree not to solicit, or attempt to solicit, personal information from other users.
k. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users. l. You agree not to use the Service, without TLA’s express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in this EULA. m. You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service. n. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
o. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
p. You agree not to violate any applicable federal, state or local laws or regulations or this EULA.
q. You agree not to assist or permit any persons in engaging in any of the activities described above. A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.
10. Consent to Use of Data. You agree that TLA may collect and use technical data and related information, including, but not limited to, UDID, device location, and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes.
11. Ownership. The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of TLA and its licensors. Except for the limited licenses expressly granted to you under this EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this EULA, either expressly, or by implication, estoppel or otherwise.
12. Feedback. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:
a. own, exclusively, all now known or later discovered rights to the Creative Ideas;
b. not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
c. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
13. Consequences of Violating These Terms. We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. TLA may review and remove any of your Social Content at any time for any reason, including activity which, in its sole judgment: violates the EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by, or arising out of, your breach of this EULA and your use of the Service.
14. TLA’s Liability.
a. Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
b. Background Checks. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS OF THE SERVICE. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. TLA RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
c. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Users. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release TLA of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. TLA makes no representations or warranties as to the conduct of Users. IN NO EVENT WILL TLA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOST PROFITS, TRADE SECRET MISAPPROPRIATION, INTELLECTUAL PROPERTY INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. ALL USERS OF THE SERVICE HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED THAT ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.
d. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
e. Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
f. We make no promises and disclaim all liability of specific results from the use of the Service. 15. Termination. This EULA is effective until terminated by you or TLA. Your rights under this EULA will terminate automatically without notice from TLA if you fail to comply with any term(s) of this EULA (including by violating any license restriction provided herein). You may terminate the EULA by emailing us at firstname.lastname@example.org. Upon any termination of the EULA, you must immediately cease all use of the Service.
16. Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
17. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (E) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. 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 IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO TLA AND USD $100.
18. Indemnity. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) your use of or reliance on any third-party content, (b) your use of or reliance on any TLA Content, (c) your Social Content, or (d) your breach of the EULA. We will provide notice to you promptly of any such claim, suit, or proceeding.
19. Third Party Disputes. TLA IS NOT AFFILIATED WITH ANY SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
20. Copyright Policy.
a. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send TLA a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information: i. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; ii. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works); iii. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TLA to locate the material on the Service; iv. Your name, address, telephone number, and email address (if available); v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send TLA a counter-notice. b. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to 508 Natoma Street. San Francisco, CA 94103 or email@example.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
21. Third Party Software. The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (the “Third Party Terms”), as described in more detail at the bottom of this EULA. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
22. Dispute Resolution
a. This EULA and the relationship between you and TLA will be governed by the laws of the State of California without regard to its conflict of law provisions. You and TLA agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in San Francisco County in the State of California. You covenant not to sue TLA in any other forum.
b. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this EULA: i. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; ii. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND iii. YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
a. Assignment. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of TLA. TLA may assign this EULA, including all its rights hereunder, without restriction. b. Survival. The provisions of this EULA that are intended to survive the termination of this EULA by their nature will survive the termination of this EULA, including, but not limited to, Sections 2 (General), 5 (Content You Submit; License Grants from You), 8 (Third Party Materials; TLA Content), 9 (Your Use of the Service and Service Content), 10 (Consent to Use of Data), 11 (Ownership), 12 (Feedback), 14 (TLA’s Liability), 15 (Termination), 16 (Disclaimer), 17 (Limitation of Liability), 18 (Indemnity), 19 (Third Party Disputes), 20 (Copyright Policy), 22 (Dispute Resolution), and 23 (Miscellaneous).
c. Consent to Electronic Communications. By using the Service, you consent to receiving electronic communications from us regarding your Account, or for operational and informational purposes. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
d. This EULA, together with any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and TLA regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to this EULA. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this EULA or any provision of this EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this EULA is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TLA as a result of this EULA or use of the Service.
e. Contacting TLA. You can contact The League App, Inc. by e-mail at firstname.lastname@example.org or by U.S. Post at 508 Natoma Street. San Francisco, CA 94103.
NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and TLA only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If TLA provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail