Terms of Service
Last Updated: June 15, 2016
Welcome to ScoreStream.com hosted by ScoreStream, Inc. (hereafter, “ScoreStream,” “we”, “us” and “our”). Please review the following terms and conditions (the “Terms”) govern your access to and use of the services offered by our various websites (including ScoreStream.com), SMS, APIs, email notifications, mobile applications (including the ScoreStream mobile application), buttons, widgets, ads, and commerce services (collectively referred to as the "Services" or “ScoreStream”), and any scores, information, text, graphics, photos, videos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content").
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THE TERMS INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH SCORESTREAM, PLEASE READ IT CAREFULLY.
1. Basic Terms
are responsible for your use of the Services, for any Content you
post to the Services, and for any consequences thereof. The Content
you submit, post, or display will be able to be viewed by other users
of the Services and through third party services and websites. You
should only provide Content that you are comfortable sharing with
others under these Terms.
You may use the Services only if you can form a binding contract with ScoreStream and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that ScoreStream provides are always evolving and the form and nature of the Services that ScoreStream provides may change from time to time without prior notice to you. In addition, ScoreStream may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information, such as location. The types and extent of advertising by ScoreStream on the Services are subject to change. In consideration for ScoreStream granting you access to and use of the Services, you agree that ScoreStream and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. Unless advertising concerns ScoreStream’s products or service, any advertisements are provided solely for informational purposes and ScoreStream is not the sponsor, source, manufacturer, distributor, supplier or provider of the any goods or services offered by third parties shown or referenced within such advertisements and makes no representations or warranties and has no control over the quality or availability of goods and services offered by third parties shown or referenced within or the accuracy of the claims made by any such third parties. To the extent you choose to visit with these third parties or purchase or otherwise transact with such third parties, you do so at your own risk
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. ScoreStream cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services
Content, whether publicly posted or privately transmitted, is the
sole responsibility of the person who originated such Content. We may
not monitor or control the Content posted via the Services and, we
cannot take responsibility for such Content. Any use or reliance on
any Content or materials posted via the Services or obtained by you
through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will ScoreStream be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your Rights
retain your rights to any Content you submit, post or display on or
through the Services. By submitting, posting or displaying Content on
or through the Services, you grant us a worldwide, non-exclusive,
royalty-free license (with the right to sublicense) to use, copy,
reproduce, process, adapt, modify, publish, transmit, display and
distribute such Content in any and all media or distribution methods
(now known or later developed).
You agree that this license includes the right for ScoreStream to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with ScoreStream for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by ScoreStream, or other companies, organizations or individuals who partner with ScoreStream, will be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. ScoreStream will not be responsible or liable for any use of your Content by ScoreStream in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License To Use the Services
ScoreStream gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by ScoreStream as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ScoreStream, in the manner permitted by these Terms.
7. ScoreStream Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of ScoreStream and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the ScoreStream name or any of the ScoreStream trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ScoreStream, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of the Services
The Services (including those offered by the ScoreStream mobile app) offer users the ability to submit Content (as defined above) for display and publication to users of the Services. By submitting Content via the Services, you represent and warrant that you:
are at least eighteen (18) years of age;
are the author and owner of the intellectual property rights thereto or that you have obtained the necessary waiver of any moral rights owned by any third party in any intellectual property;
are not posting any Content that includes threats to incite violence or that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable to a reasonable person;
will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with ScoreStream, expressing or implying any endorsement by ScoreStream of your posted content or otherwise attempt to mislead others as to the source of the posted content;
will not use the Services in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
will not to re-sell or assign your rights or obligations under the Terms; and
will not send unsolicited email advertisements to any other users of the Services via any contact made through the Services;
reserve the right at all times (but will not have an obligation) to
remove or refuse to distribute any Content on the Services, to
suspend or terminate users, and to reclaim usernames without
liability to you. We also reserve the right to access, read,
preserve, and disclose any information as we reasonably believe is
necessary to (i) satisfy any applicable law, regulation, legal
process or governmental request, (ii) enforce the Terms, including
investigation of potential violations hereof, (iii) detect, prevent,
or otherwise address fraud, security or technical issues, (iv)
respond to user support requests, or (v) protect the rights, property
or safety of ScoreStream, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, ScoreStream’s computer systems, or the technical delivery systems of ScoreStream’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ScoreStream (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with ScoreStream (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of ScoreStream is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Minimum Age
10. Copyright Policy
respects the intellectual property rights of others and expects users
of the Services to do the same. We will respond to notices of alleged
copyright infringement that comply with applicable law and are
properly provided to us. If you believe that your Content has been
copied in a way that constitutes copyright infringement, please
provide us with the following information: (i) a physical or
electronic signature of the copyright owner or a person authorized to
act on their behalf; (ii) identification of the copyrighted work
claimed to have been infringed; (iii) identification of the material
that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to
locate the material; (iv) your contact information, including your
address, telephone number, and an email address; (v) a statement by
you that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its
agent, or the law; and (vi) a statement that the information in the
notification is accurate, and, under penalty of perjury, that you are
authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, ScoreStream will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Terms will continue to apply until terminated by either you or
ScoreStream as follows.
You may end your legal agreement with ScoreStream at any time for any reason by deactivating your account(s) and discontinuing your use of the Services. You do not need to specifically inform ScoreStream when you stop using the Services
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect ScoreStream’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
12. Disclaimers/Limitations of Liability/Indemnification
Please read this section carefully since it limits the liability of ScoreStream and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “ScoreStream Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
access to and use of the Services or any Content are at your own
risk. You understand and agree that the Services are provided to you
on an "AS IS" and "AS AVAILABLE" basis. Without
limiting the foregoing, to the maximum extent permitted under
applicable law, THE SCORESTREAM ENTITIES DISCLAIM ALL WARRANTIES AND
CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The ScoreStream Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the ScoreStream Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the ScoreStream Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the ScoreStream Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SCORESTREAM
ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR
REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF
DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i)
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES,
INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED
FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF
YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SCORESTREAM ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SCORESTREAM, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SCORESTREAM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, hold harmless and defend, at your expense, against any and all third party claims, actions, proceedings, and suits brought against ScoreStream or any of its subsidiaries, officers, directors, employees, agents, affiliates, advertisers or marketing partners, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by ScoreStream or any of its officers, directors, employees, agents, affiliates, advertisers or marketing partners arising out of or relating to (i) your breach of any of these Terms, (ii) your use of the Services, (iii) your posting of any Content via the Services, or (iv) your unauthorized use of the Services.
13. Resolution of Disputes – Binding Arbitration Agreement and Class Action Waiver
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with ScoreStream or the use of the Services. Please read this section carefully. Our User Assistance Department, which you can reach at email@example.com, can help you resolve most of your concerns. If our User Assistance Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
Attention: Notice of Dispute
4216 Shorepointe Way
San Diego, CA 92103
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in these Terms will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Services or the Terms (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of San Diego, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of San Diego by clicking here. However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules.
Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in San Diego County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
14. General Terms
A. Waiver and Severability
The failure of ScoreStream to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Diego County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
between ScoreStream and you regarding the Services (excluding any
services for which you have a separate agreement with ScoreStream
that is explicitly in addition or in place of these Terms), and these
Terms supersede and replace any prior agreements between ScoreStream
and you regarding the Services. Other than members of the group of
companies of which ScoreStream, Inc. is the parent, no other person
or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time, the most current version will always be located at: https://scorestream.com/misc/termsOfService.
If the revision, in our sole discretion, is material we will notify you via a @ScoreStream update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.