Effective Date: March 8, 2018
Last Updated Date: March 8, 2018
1. PERSONAL INFORMATION WE MAY COLLECT
Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Services if that information is necessary to provide you with the service or if we are legally required to collect it.
a. Personal Information Provided by You
Native Registration. We ask you to provide certain Personal Information when you register for an account through our websites or mobile application, such as your name, address, email address and phone number.
User Content. 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, to the extent permitted under applicable law.
Customer Support. We may collect information through your communications with our customer-support team or other communications that you may send us and their contents.
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.
Preferences. We ask you for information regarding dating preference categories available on the Service, which may include racial or ethnic origin, political opinions, religious or philosophical beliefs, sex life or sexual orientation.
b. Personal Information Obtained from Your Interactions with our Services
Cookies, Automatic Data Collection, and Related Technologies. When you use our Service, we may collect technical data and related information, including, but not limited to, device identifier and other technical information about your device, system and application software, and peripherals. 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.
Location Information from Your Mobile Device. We may collect and store your location information, including GPS coordinates, if you enable your mobile device to send it to us. Collection of this information may improve the provision of the Service.
Personal Information Obtained from Other Sources
Social Sign-On. We collect Personal Information about you when you log into the Services via a Social Network. For example, when you log in using your Facebook credentials, we collect the information that you have made publicly available in Facebook, such as your name, location, email address and profile picture. When you log in using your LinkedIn credentials, we collect 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.
2. HOW WE MAY USE YOUR PERSONAL INFORMATION
We may use the Personal Information we obtain about you to:
- create and manage your account, provide our Service, process payments, and respond to your inquiries;
- communicate with you to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance, including by periodically emailing you service-related announcements;
- provide online advertising on the Service and to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you;
- analyze your interactions with our Service and third parties’ online services, including to provide tailored advertising;
- aggregate your Personal Information for analytical purposes;
- anonymize your Personal Information;
- operate, evaluate and improve our business (including by developing new products and services; managing our communications; determining the effectiveness of our advertising; analyzing how the Service is being accessed and used; tracking performance of the Service; facilitating the use of our Service);
- send you marketing communications about products, services, offers, programs and promotions of TLA, and affiliated companies;
- ensure the security of our Service;
- manage our service provider or partner relationships;
- enforce our agreements related to our Service and our other legal rights;
- comply with applicable legal requirements, industry standards and our policies; and
- perform auditing, research and analysis in order to maintain, protect and improve our Service.
We may process your Personal Information for the above purposes when:
- you have consented to the use of your Personal Information;
- we need your Personal Information to provide you with services and products requested by you, or to respond to your inquiries;
- we have a legal obligation to use your Personal Information; or
- we or a third party, have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to ensure and improve the safety, security, and performance of our Service.
3. HOW WE SHARE YOUR PERSONAL INFORMATION
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 with social networking websites when you invite friends to use the Service. We do not share your 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 information about you with other people or non-affiliated companies for their direct marketing purposes, unless we have your permission. To the extent permitted under applicable law, we may allow third parties to access data that is automatically 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.
Affiliates and Business Partners. We may share the Personal Information we collect with our affiliated companies and business partners to whom it is reasonably necessary or desirable for us to disclose your Personal Information.
With Your Consent. We may also otherwise disclose your Personal Information with your permission.
In order to match you more effectively, we may use your Personal Information and preferences to perform automated analyses, identify correlations, and make predictions about your interests. This may include the use of dating preference Personal Information and may affect your match results on the Service. For example, your education level and your preference for someone with the same political beliefs may match you with someone with the same political belief looking for someone with your education level. Similarly, you and others may be excluded as a matches based on your profile.
5. YOUR RIGHTS AND CHOICES
Account Information. Through your account settings, you can update some of your Personal Information, such as your name, photo, and email address. You can contact us at email@example.com if you find yourself unable to update these things via our software.
Location Information. You can prevent us from collecting location information from your device by changing the settings on your device; however, if you do not provide us with location information you may not be able to fully use the Service.
Marketing Opt-out. You can unsubscribe from promotional emails from us via the unsubscribe link provided in the email. Even if you opt out from receiving promotional messages from us, you will continue to receive administrative messages from us.
Other Rights. In certain jurisdictions you have the right to request access and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or object to the processing of your Personal Information, to have the information blocked, anonymized or deleted, as appropriate, or to exercise your right to data portability to easily transfer your Personal Information to another company. Those rights may be limited in some circumstances by local law requirements. In addition to the above-mentioned rights, you also have the right to lodge a complaint with a competent supervisory authority subject to applicable law.
Where required by law, we obtain your consent for the processing of certain Personal Information collected by cookies or similar technologies, or used to send you direct marketing communications, to collect your location information or when we carry out other processing activities for which consent may be required. If we rely on consent for the processing of your Personal Information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.
To update your preferences, ask us to remove your information from our mailing lists, delete your account or submit a request to exercise your rights under applicable law, please contact us as specified in the “How to Contact Us” section below.
6. HOW WE PROTECT YOUR PERSONAL INFORMATION
We also take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it in the context of the Service or when you request their deletion, unless we are required by law to keep the information for a longer period. We complete periodic reviews of our databases, and have established specific time limits for data deletion, taking into account the type of services provided in the context of the Services, the length of our relationship with you, mandatory retention periods and the statute of limitations.
7. DATA TRANSFERS & INTERNATIONAL USERS
8. DO NOT TRACK
Some web browsers incorporate a “Do Not Track” feature. Because there is not yet an accepted standard for how to respond to Do Not Track signals, our website does not currently respond to such signals. By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at firstname.lastname@example.org.
9. CHILDREN’S PRIVACY
We do not knowingly collect, maintain, or use Personal Information, as defined by the Federal Trade Commission’s Children’s Online Privacy Protection Act (“COPPA”) Rule, 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, then we will promptly take steps to delete such information and terminate the child’s account.
11. HOW TO CONTACT US
The League App, Inc.
55 Grace Street San Francisco
You can delete your account and personal data from our system by going to Settings section of The League app, scrolling down to the very bottom, clicking ‘Request A League Time Out’, and swiping through to the last section entitled ‘Delete Account’. Clicking the ‘Delete My Account’ button will remove your personal data from our systems within the next five minutes after you’ve clicked. If you are a current paying subscriber, you can find this same functionality at the bottom of Settings in the ‘Manage Subscriptions’ section. Please note, account deletion is irreversible and all data will be lost.
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 firstname.lastname@example.org.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 22, you agree that disputes arising under this EULA will be resolved by binding, individual arbitration, and BY ACCEPTING this EULA, YOU AND TLA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
As further described below, TLA may offers monthly subscriptions to the Service. SUBSCRIPTIONS LAST FOR THE DURATION THAT YOU CHOOSE ON THE SERVICE (WHICH MAY BE MONTHLY OR ANNUAL) DATE AND THEY AUTOMATICALLY RENEW FOR SUCCESSIVE TERMS OF THE SAME DURATION UNTIL CANCELLED BY YOU.
- 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, messaging is opened up between you.
- 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.
- Changes to the EULA. TLA reserves the right to revise this EULA in an immaterial manner its sole discretion at any time and without prior notice to you other than by posting the revised EULA on the Service. TLA will endeavor to provide notice to you of material changes to this EULA. Unless otherwise stated in the Service, revisions to this EULA are effective upon posting and your continued use of the Service after a revised version of this EULA has been posted by TLA to the Service constitutes your binding acceptance of such revised EULA. This EULA will be identified as of the most recent date of revision, and you should visit this page periodically to ensure your continued compliance with and acceptance of the EULA.
- 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.
- Scope of License to Users.
- 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.
- 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.
- 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.
- Registration and Eligibility; Your Account.
- 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 may also allow Users to register with the Service natively. We reserve the right to disallow anyone from registering for the Service.
- 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 email@example.com. You will be solely responsible for the losses incurred by TLA and others due to any unauthorized use of your account.
- League Score. To maximize the benefits you can receive from your use of the Service, we may assign you a “score” that is based on how active you are on the Service (“Score”). For example, the more messages you respond to, the higher your score will be. Other Users that you match with may be able to see your score.
- Referrals. You may be able to earn free tickets for use on the Service by inviting friends to use the Service. TLA may discontinue its referral incentive program at any time.
- Content You Submit; License Grants From You.
- 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, with any other content you include in your Profile (defined below), “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.
- 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.
- 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.
- 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 not identified the same current employer on their Social Networks as you.
- Fees; Payments.
- Fees. TLA may charge you a fee for certain features on the Service (the “Fee”). Any Fee will be set forth on the Service. TLA reserves the right to determine pricing for the Service. TLA will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. TLA may change the fees for any feature of the Service, including additional fees or charges, if TLA gives you advance notice of changes before they apply. TLA, at its sole discretion, may make promotional offers with different features and different pricing to any of TLA’s customers. These promotional offers, unless made to you, will not apply to your offer or this EULA. Any Fees will be paid through our third party payment processors and must be in U.S. Dollars
- Authorization. You authorize TLA to charge all sums for the orders that you make and any level of Service you select as described in this EULA or published by TLA, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, TLA may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize TLA to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our pricing page in app. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting us at firstname.lastname@example.org.
- Delinquent Accounts. TLA may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
- Sending Messages Through the Service; Inviting Friends.
- The Service may allow Users to send messages or other communications (such as through forums) (collectively, “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.
- 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.
- Third Party Materials; TLA Content.
- 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.
- 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.
- 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:
- You may access the Service solely as intended through the provided functionality of the Service and as permitted under this EULA.
- 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:
- • altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
• using any trademarks, service marks, design marks, logos, photographs or other content belonging to TLA or obtained from the Service.
- • altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- You agree not to violate any applicable federal, state or local laws or regulations or this EULA.
- 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.
- 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.
- 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.
- 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:
- own, exclusively, all now known or later discovered rights to the Creative Ideas;
- not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
- be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- Consequences of Violating this EULA. 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.
- TLA’s Liability.
- 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.
- Background Checks; Offline Interactions; Events. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, INCLUDING AT ANY TLA-HOSTED OR SPONSORED EVENTS. 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. TO THE FULLEST EXTENT PERMITTED BY LAW, 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.
- 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. To the fullest extent permitted by law, 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. TO THE FULLEST EXTENT PERMITTED BY LAW, 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.
- Content Accuracy. To the fullest extent permitted by law, we make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, to the fullest extent permitted by law, 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.
- 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.
- To the fullest extent permitted by law, we make no promises and disclaim all liability of specific results from the use of the Service.
- 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.
- Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (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.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, 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.
TO THE FULLEST EXTENT PERMITTED 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.
- Indemnity. To the fullest extent permitted by law, 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.
- 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 TO THE FULLEST EXTENT PERMITTED BY LAW, 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.
- Copyright Policy.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
The League App, Inc.
ATTN: Legal Department (Copyright Notification)
55 Grace Street, San Francisco, CA 94103
- Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:
- i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
- iii. a description of the material that you claim is infringing and where it is located on the Service;
- iv. your address, telephone number, and email address;
- iv. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- v. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
- i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- Repeat Infringer Policy. TLA’s intellectual property policy is to (i) remove or disable access to material that TLA believes in good faith or upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any Social Content uploaded to the Service by “repeat infringers.” TLA considers a “repeat infringer” to be any User that has uploaded Social Content or Creative Ideas to or through the Service and for whom TLA has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 (each a “Notification of Claimed Infringement”) with respect to such Social Content or Feedback. TLA has discretion, however, to terminate the account of any User after receipt of a single Notification of Claimed Infringement or upon TLA’s own determination.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. 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.
- 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.
- Dispute Resolution
- Generally. In the interest of resolving disputes between you and TLA in the most expedient and cost effective manner, and except as described in Section 22.b, you and TLA agree that every dispute arising in connection with this EULA will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND TLA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Despite the provisions of Section 22.a, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and TLA will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this EULA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting TLA. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). TLA’s address for Notice is: The League App, Inc., 55 Grace Street, San Francisco, California 94103. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or TLA may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or TLA must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by TLA in settlement of the dispute prior to the award, TLA will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
- Fees. If you commence arbitration in accordance with this EULA, TLA will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse TLA for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND TLA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TLA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If TLA makes any future change to this arbitration provision, other than a change to TLA’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to TLA’s address for Notice of Arbitration, in which case your account with TLA will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If Section 22.f is found to be unenforceable or if the entirety of this Section 22 is found to be unenforceable, then the entirety of this Section 22 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 24 will govern any action arising out of or related to this EULA.
- Governing Law. This EULA is governed by the laws of the State of California without regard to conflict of law principles. You and TLA submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under this EULA. We operate the Service from our offices in California, and we make no representation that Service Content included in the Service is appropriate or available for use in other locations.
- Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, this EULA.
- Contact Information. The Service is offered by The League App, Inc., located at 55 Grace Street, San Francisco, California 94103. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
- Notice Regarding Apple. This Section 32 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this EULA is between you and TLA only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) 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 Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. 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.