THE LEAGUE TERMS OF SERVICE
Effective Date: January 24, 2022
Welcome to The League’s App, Inc.’s (“The League”) Terms of Service (as may be amended from time to time, these “Terms”).
The purpose of this document is to define the contract between you and The League, and we want you to be familiar with your rights, and ours, before embarking on your dating journey!
The League provides our services (described below) and related content to you through our website located at https://www.theleague.com/ (the “Site”) and through our mobile applications and related technologies (“Apps”, and collectively, such Apps and the Site, including any updated or new features, functionality, and technology, the “Service(s)”). All access and use of the Service is subject to these Terms. By accessing, browsing, or otherwise using the Site, App, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms, you will not access, browse, or otherwise use the Service.
Please be aware that if you subscribe to services for a term (the “Initial Term”), then the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at The League’s then-current fee for such services unless you cancel your subscription in accordance with Section 5 below.
YOU SHOULD ALSO NOTE THAT SECTION 14 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND THE LEAGUE HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT THAT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. IN ACCORDANCE WITH SECTION 14, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS ONLY; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
SPECIFIC STATE TERMS
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
If you want to cancel and you subscribed using your Apple ID, please note that refunds are processed by Apple, not The League. If you want to request a refund from Apple, please visit https://getsupport.apple.com. If you subscribed using your Google Play Store account or through The League directly, please email firstname.lastname@example.org. Where provided for by law, you may also be able to place your subscription on hold.
For subscribers residing in New York:
- The Services do not guarantee any number of “referrals”—rather, the functionality of the Services is such that the subscriber can view as many profiles as he/she would like;
- Upon notice in writing and delivered via email to email@example.com or to The League App, Inc. 13359 North Highway 183, Suite 406-777, Austin, TX 78750, subscribers may place their subscription on hold for up to one year;
- You may review the New York Dating Service Consumer Bill of Rights here;
- Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
- Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
- If you want to cancel and you subscribed using your Apple ID, please note that refunds are processed by Apple, not The League. If you want to request a refund from Apple, please visit https://getsupport.apple.com. If you subscribed using your Google Play Store account or through The League directly, please email firstname.lastname@example.org. Where provided for by law, you may also be able to place your subscription on hold.
- Our Services are widely available in the United States—if you believe that you have moved outside a location where we provide the Services, please contact us in writing via email to email@example.com or to The League App, Inc. 13359 North Highway 183, Suite 406-777, Austin, TX 78750, and we will work with you to provide alternative services or a refund.
For subscribers residing in North Carolina:
- You may review the North Carolina Buyer’s Rights here.
For subscribers residing in Illinois, New York, North Carolina, and Ohio:
- Our Services are widely available in the United States—if you believe that you have moved outside a location where we provide the Services, please contact us in writing via email to firstname.lastname@example.org or to The League App, Inc. 13359 North Highway 183, Suite 406-777, Austin, TX 78750, and we will work with you to provide alternative services or a refund.
1. THE LEAGUE RULES
Before you can use the Service, you will need to register for an account (“Account”). In order to create an Account you must (1) be at least 18 years old and (2) be legally permitted to use the Service by the laws of your home country.
Unfortunately, we cannot allow you to use another person’s Account or to share your Account with any other person without permission. You are responsible for maintaining the confidentiality of your password and Account details and are fully responsible for any and all activities that occur under your password or Account. You agree to (a) immediately notify The League of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session when accessing the Service. The League will not be liable for any loss or damage arising from your failure to comply with this paragraph.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from The League is free of viruses or other harmful components. You accept that The League will not be provided uninterrupted or error-free, that defects may not be corrected, and that The League, or the server that makes it available, may contain viruses, bugs, spyware, a Trojan horse, or any similar malicious software. The League is not responsible for any damage to your device hardware, device software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
No employee, independent contractor, agent, or affiliate of any competing dating service is permitted to view, access, or use any portion of the Service without express written permission from The League. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of The League or any of its affiliates, or acting on behalf of a competitor of The League in using or accessing the Service.
We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account or make use of any operational, technological, legal or other means available to enforce these Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these terms, (2) due to your conduct through the Services, or your conduct with other users of the Service (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.
When using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms.
Subject to these Terms, The League hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the App on one mobile device and (b) use the App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the App on another device on which you also agreed to these Terms. Each instance of these Terms that you agree to in connection with downloading an App grants you the aforementioned rights in connection with the installation and use of the App on one device.
The technology and software underlying the Service or distributed in connection therewith are the property of The League, its affiliates, and its licensors (including the Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by The League.
You may not access, tamper with, or use non-public areas of the Service or our systems. Certain portions of the Service may not be accessible if you have not registered for an Account.
The League is headquartered in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
2. TYPES OF CONTENT
There are three types of content that you will be able to access through the Services: (1) content that you upload and provide (“Your Content”); (2) content that users provide (“User Content”); and (3) content that The League provides (“Our Content”).
There is certain content we can’t allow on The League. We want our users to be able to express themselves as much as possible and post all sorts of things on The League, but we have to impose restrictions on certain content which:
- contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- is obscene, pornographic, violent, or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- is abusive, insulting or threatening, discriminatory, or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
- is defamatory or libelous;
- relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
- involves the transmission of “junk” mail or “spam”;
- contains any spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse, or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from The League or otherwise;
- itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- shows another person which was created or distributed without that person’s consent;
- is harmful to minors; or
- impersonates any other person, including falsely stating your name.
The League operates a zero-tolerance policy for this kind of content.
You agree that Your Content must comply with our guidelines made available at https://www.theleague.com/guidelines. As you control usage of Your Content through the Services, and you agree that you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As The League is a public community, Your Content may be visible to other users of the Service all around the world instantly – so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the Service (e.g. individuals who receive a link to a user’s profile or shared content from other The League Users). By uploading Your Content on The League, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty-free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, incorporating into advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you. We do not have any obligation to store Your Content – if it’s important, you should make a copy.
Other users of The League will also share content via the Service. User Content belongs to the user who posted the content and is stored on our servers and displayed via the Service at the direction of the user providing the User Content.
You do not have any rights in relation to other users’ User Content, and you may only use other users’ personal information to the extent that your use of it (a) complies with these Terms and (b) matches The League’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
User Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about User Content, please see the Digital Millennium Copyright Act section below for more information.
Since The League is an online community, we generally try to avoid getting in the way and therefore don’t assume any obligation to pre-screen any of Your Content or any User Content. However, there may be times where we need to step in, and we reserve the right to review, pre-screen, refuse and/or remove any User Content and Your Content, including content exchanged between users in direct messages.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on The League are owned, controlled, or licensed by us and are protected by copyright, trademark, and other intellectual property law rights. All right, title, and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
- you shall not use, sell, modify, or distribute Our Content except as permitted by The League through the Services;
- you shall not use our name in metatags, keywords, and/or hidden text;
- you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
- you shall use Our Content for lawful purposes only.
We reserve all other rights.
3. RESTRICTIONS ON THE APP
You agree to:
- comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws, and regulatory requirements;
- use your real name on your profile; and
- use the services in a professional manner.
You agree that you will not:
- act in an unlawful or unprofessional manner including being dishonest, abusive, or discriminatory;
- misrepresent your identity, your current or previous positions, qualifications, or affiliations with a person or entity;
- disclose information that you do not have the consent to disclose;
- stalk or harass any other user of the Service via The League or other third-party networks or services;
- create or operate a pyramid scheme, fraud, or other similar practice;
- Frame, in-line link or otherwise associate yourself or any third party, or your or any third party’s content, with the Service without first obtaining our prior written approval;
- scrape, data mine, use robots, or replicate any part of the Service without our prior consent, including accessing the Service by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us; or
- circumvent any measures implemented by The League to block your access to the Service (including blocking your IP address).
We don’t like users misbehaving in The League community. You can report any abuse or complain about User Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Flag’ or ‘Block’ link. We reserve the right to investigate any possible violations of these Terms, and we may, in our sole discretion, immediately terminate any user’s right to use the Service without prior notice, as set out further in Section 1 above. We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the Service.
YOU UNDERSTAND THAT THE LEAGUE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. THE LEAGUE ALSO DOES NOT ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE LEAGUE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. YOU AGREE TO REVIEW AND COMPLY WITH OUR SAFE DATING PRACTICES POLICY. THE LEAGUE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
5. PAYMENT TERMS
The League may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply and that such additional terms are incorporated herein by reference.
You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
Subscriptions and Auto-Renewal: The League may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, three-month subscription, six-month subscription, or one-year subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT THE LEAGUE’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If The League changes these prices and you do not cancel your subscription, you agree that you will be charged at The League’s then-current pricing for subscription.
Canceling Subscriptions. If you purchased a subscription directly from The League, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.
Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial.
Refunds. Except as described in these Terms, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
Taxes. The payments required under this Section 5 do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If The League determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, The League will collect such Sales Tax in addition to the payments required under this Section 5. You will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
6. VIRTUAL ITEMS
At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features from The League, referred to here as “Virtual Items.” You can only purchase Virtual Items through The League or The League’s partners. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement, and your purchase of Virtual Items, does not constitute the sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your license to access Virtual Items. Virtual Items do not incur fees for non-use. Your license in Virtual Items will terminate on the earlier of The League ceasing provision of services or your account closing or terminating. The League may also at times provide Virtual Items as bonuses to, or parts of, paid subscriptions for its services. Your ability to use Virtual Items you have access to in this manner may terminate at the end of each of your subscription periods and your access to Virtual Items may not “roll over” or accumulate through additional subscription periods. Your access to Virtual Items gained through subscriptions may also end if you cancel your subscription.
The League, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. The League may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items and The League shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT THE LEAGUE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
7. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts, and other messages related to the Service, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt-out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt-out by either following the specific instructions included in such communications or by emailing us with your request at email@example.com.
8. DISCLAIMER OF WARRANTIES
YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES, OUR CONTENT, AND USER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND THE LEAGUE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVICES, OUR CONTENT, ANY USER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. THE LEAGUE APP, INC IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. THE LEAGUE APP, INC DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LEAGUE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE LEAGUE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, 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 PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE LEAGUE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE LEAGUE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
You agree to defend, indemnify, and hold harmless The League, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “League Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any League Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such League Party. The League will provide notice to you of any such claim, suit, or proceeding. The League reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting The League’s defense of such matter. You may not settle or compromise any claim against the League Parties without The League’s written consent. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
The League has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any User Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to The League’s Copyright Agent as identified below, including the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to The League’s Copyright Agent at:
The League App, Inc.
ATTN: Legal Department (Copyright Notification)
13359 North Highway 183, Suite 406-777
Austin, TX 78750
12. THIRD-PARTY APP STORE
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
- These Terms are concluded solely between you and The League and not with the providers of the Third Party Store, and The League (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
- The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The League is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of The League
- The League, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have 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; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
- The Third Party Store provider and its subsidiaries are third-party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
13. THIRD-PARTY SERVICES AND WEBSITES
14. DISPUTE RESOLUTION BY BINDING ARBITRATION.
1. Generally. In the interest of resolving disputes between you and The League in the most expedient and cost-effective manner, and except as described in Section 14.2, you and The League agree that every dispute arising in connection with these Terms 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 these Terms, 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 these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE LEAGUE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
2. Exceptions. Despite the provisions of Section 14.1, nothing in these Terms 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.
3. Arbitrator. Any arbitration between you and The League 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 these Terms. 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 The League. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
4. 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”). The League’s address for Notice is: The League App, Inc., Attn: Legal Department, 13359 North Highway 183, Suite 406-777, Austin, TX 78750. 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 The League 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 The League 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 The League in settlement of the dispute prior to the award, The League will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
5. Fees. If you commence arbitration in accordance with these Terms, The League 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 Travis County, Texas, 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 The League 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.
6. No Class Actions. YOU AND THE LEAGUE 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 The League 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.
7. Modifications to this Arbitration Provision. If The League makes any future material change to this arbitration provision, other than a change to The League’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to The League’s address for Notice of Arbitration, in which case your account with The League will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
8. Enforceability. If Section 14.5 is found to be unenforceable or if the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.
15. TERMINATION AND SURVIVAL
These Terms commence on the date you accept them (as described in the preamble) or if earlier when you first access or use the Service and continue until terminated in accordance with the terms herein. If you want to terminate these Terms, you may do so by (a) notifying The League at any time, and (b) closing your Account. Your notice should be sent to The League’s address below. Please note that if you terminate these Terms, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 5.
You agree that The League, in its sole discretion, may suspend or terminate your Account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if The League believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. The League may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that The League may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service and all related information and content. Further, you agree that The League will not be liable to you or any third party for any termination of your access to the Service.
All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers, and limitation of liability.
The communications between you and The League may take place via electronic means, whether you use the Service or send The League emails, or whether The League posts notices in the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from The League in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The League provides to you electronically satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.
User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Service, and The League will have no liability or responsibility with respect thereto. The League reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These terms are subject to change
As The League grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email or pop-up notice telling you of a Change. We may use other reasonable means to inform you of material changes to these Terms as well. You can find the current, effective version of the Terms by visiting the Terms of Service link from the Site and in the Settings – About The League section of the App. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of The League following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using The League immediately.
If, for any reason, any of the Terms are declared illegal, invalid, or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power, or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power, or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
You represent and warrant that:
- 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
- you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the Services, you agree and acknowledge that The League is a global platform operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on The League, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction.
In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
If you have any questions, complaints, or claims with respect to the Service, please contact us at firstname.lastname@example.org.
17. GOVERNING LAW AND FORUM
Subject to Section 14, your access to the Services, Our Content, and any User Content, any claims arising from or related to your relationship with The League, and these Terms are governed and interpreted by the laws of the State of California. All claims arising out of or relating to these Terms and/or your relationship with The League that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts of Travis County, Texas. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.