Terms of Service
This agreement is written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 11 contains certain additions to the general terms for users outside the United States.
Date of Last Revision: August 27, 2013.
Terms of service
This Terms of Service ("Statement," "Terms," or "TOS") is the terms of service that governs ScoreboardTap’s relationship with users and others who interact with ScoreboardTap. By using or accessing ScoreboardTap, you agree to this Statement, as updated from time to time in accordance with Section 8 below. In this Statement and the referenced or incorporated documents, “you” means the user, “we,” “us” and “our” refer to ScoreboardTap. “ScoreboardTap” means, depending on the context, (i) the ScoreboardTap Service (defined in Section 12) or (ii) ScoreboardTap and it’s creators, designers, programmers, owners, partners, employees, and agents.
- Your Content and Information
You own all of the content and information you post on ScoreboardTap, but by posting it using ScoreboardTap, you are making it publicly available for access and reuse. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with ScoreboardTap.
- When you publish content or information, it means that you are allowing everyone, including people off of ScoreboardTap, to access and use that content and information, and to associate it with you (i.e., your screen name).
- We always appreciate your feedback or other suggestions about ScoreboardTap, and you understand that we may use them without any obligation to compensate or acknowledge you (just as you have no obligation to offer them).
- Although we provide rules for user conduct, we do not control or direct users' actions on ScoreboardTap and are not responsible for the content or information users transmit or share on ScoreboardTap. We are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content or information you may encounter on ScoreboardTap. We are not responsible for the conduct, whether online or offline, of any user of ScoreboardTap. We attempt to keep ScoreboardTap safe, but cannot guarantee it.
- We need you to help keep ScoreboardTap safe and fun for everyone. You agree:
- You will not post unauthorized commercial communications (such as spam) on ScoreboardTap.
- You will not collect users' content or information or otherwise access ScoreboardTap using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on ScoreboardTap.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content or information that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use ScoreboardTap to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of ScoreboardTap, such as a denial of service attack or interference with page rendering or other ScoreboardTap functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
- You will comply with all applicable laws when using or accessing ScoreboardTap.
- Registration and Account Security
Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not use ScoreboardTap if you are under 13.
- You will not use ScoreboardTap if you are a convicted sex offender.
- If you select a screen name for your account, we reserve the right to remove or reclaim it in our discretion (such as when a trademark owner complains about a screen name that does not closely relate to a user's actual name).
- You acknowledge that screen names are not unique so other users may also use the same screen name as you at any time.
- Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or information or take any action on ScoreboardTap that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content and information you post on ScoreboardTap if we believe that it violates this Statement or our policies.
- If we remove your content or information for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If we believe that you have intentionally or repeatedly infringed other people's intellectual property rights, we may disable your account.
- You will not post any personal identification document, financial information, or other private content or information on ScoreboardTap.
- Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as data transmission and text messaging fees, will still apply.
- Special Provisions Applicable to Software
- You agree that from time to time the ScoreboardTap Service may download bug-fixes, upgrades, and additional features in order to improve, enhance, secure, fix, and further develop the software.
- You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from the ScoreboardTap Service, unless you are expressly permitted to do so under an open source license or we give you express written permission.
- If we make changes to policies stated, referenced in, or incorporated by this Statement, we may but are not required to provide advanced notice.
- Your continued storage of content or information or use of ScoreboardTap following changes to our terms constitutes your acceptance of our amended terms.
- If you violate the letter or spirit of this Statement or otherwise create risk or possible legal exposure for us we may in our discretion stop providing all or part of ScoreboardTap to you. We reserve the right to stop the service immediately. You may be informed by email or at the next time you attempt to access your account.
- In either case, this Statement shall terminate, but the following provisions will still apply: 2.1, 2.2, 2.3, 3.1, 5.2, 7.2, 9.2, 10, and 13.6-13.9.
- You and we agree to resolve any claim, cause of action or dispute (“claim”) that you have with us or we have with you, including any claim arising out of or relating to this Statement or use of ScoreboardTap, exclusively in a state or federal court located in Santa Clara County, California, USA. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to, and hereby do, submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all claims.
- If anyone brings a claim against us related to your actions, content or information on ScoreboardTap, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP SCOREBOARDTAP UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SCOREBOARDTAP AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SCOREBOARDTAP WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT SCOREBOARDTAP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
- SCOREBOARDTAP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES.
- YOU RELEASE SCOREBOARDTAP, IT’S CREATORS, DESIGNERS, OWNERS, PARTNERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
- WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SCOREBOARDTAP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THE SCOREBOARDTAP SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SCOREBOARDTAP'S LIABILITY WILL BE LIMITED TO THE LEAST LIABILITY PERMITTED BY APPLICABLE LAW
- IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. Users and non-users who interact with ScoreboardTap outside the United States consent to having their personal data transferred to and processed in the United States.
- By "ScoreboardTap Service" we mean the software and services we make available, including through (a) our website at www.scoreboardtap.com and any other ScoreboardTap branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; or (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from ScoreboardTap or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with ScoreboardTap.
- By "content" we mean anything you or other users post on ScoreboardTap that would not be included in the definition of information.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from ScoreboardTap or provide to ScoreboardTap through Platform.
- By "post" we mean post on ScoreboardTap or otherwise make available by using ScoreboardTap.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.
- This Statement makes up the entire agreement between the parties regarding ScoreboardTap, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portions will remain in full force and effect.
- If we fail to enforce any part of or event under this Statement, it will not be considered a waiver.
- Any amendment to, waiver of, or consent under this Statement must be made in writing and signed by our product manager.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with applicable law.
- This Statement does not confer any third-party beneficiary rights on you, other users, or other persons.
- We reserve all rights not expressly granted to you.