Terms of Service
Updated: August 14, 2022
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER THAT IMPACT YOUR LEGAL RIGHTS TO RESOLVE DISPUTES UNLESS YOU OPT OUT. PLEASE READ IT CAREFULLY.
Welcome to GameDay+!
Data+Sports, Inc., its parents, subsidiaries, and affiliate companies, (collectively, “Data+Sports” or “we”) provides the Data+Sports website, mobile applications, and other online products and services, including without limitation the following: GameDay+; GameDay.plus (we call these the "Services").
These Terms of Service inform you of the general terms that you agree to when using our Services. Some of our Services may have additional terms that apply specifically when using the particular Service. These Terms of Service together with any additional specific Service terms are collectively called the “Terms.” By using any of the Services, you agree to be bound by the Terms. If you do not agree to these Terms, including the mandatory arbitration provision (see “DISPUTES-ARBTIRATION” below), or our Privacy Policy, do not access or use the Services.
1. AUDIENCE AND ACCOUNTS
You must be at least 13 years of age in the US, or 16 years of age in countries subject to the EU General Data Protection Regulation (the “GDPR”), unless exempted by individual country exceptions, to use the Services or submit any information to Data+Sports. If you are between 13 and 18 years of age, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms and our Privacy Policy. If you are under 13, or 16 where applicable, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under the required minimum age, we will delete that information as quickly as possible. If you believe that a child under the required minimum age may have provided us personal information, please contact us via our contact form.
By using the Services, you agree to: (a) maintain the security of your account by not sharing your password (if you have an account with a password) or other access credentials with others; (b) restrict access to your account and your computer or mobile device; (c) promptly notify Data+Sports if you discover or otherwise suspect any security breaches related to the Services; and (d) take responsibility for all activities that occur under your account and accept all risks of unauthorized access; and (e) comply with these Terms and the Community & Content Policy.
You understand that you are responsible for all data charges you incur by using the Services.
2. YOUR USE OF THE SERVICES
You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right, or constitute a tort. You are solely responsible for your conduct while on the Services and you use the Services at your own risk.
The Services offer users the ability to communicate and interact with one another. We encourage Users to treat each other with respect, and to understand that Users are solely responsible for their interactions with others. Data+Sports has no responsibility or liability with respect to any online or offline interactions. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services. Please use your best judgment and keep safety in mind when you use the Services and interact with others.
When using the Services, You further agree not to:
· Use the Services in any manner that could inhibit other users from fully enjoying the Services or that could damage or impair the functioning of the Services;
· Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
· Attempt to indicate that you have a relationship with Data+Sports or that Data+Sports has endorsed you or any products or services;
· Send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the Services for the purpose of sending commercial messages, or use any domain name or URL in any account username or nickname;
· Attempt to reverse engineer any aspect of the Services or do anything that might circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
· Use or attempt to use another’s account without authorization from such user and Data+Sports;
· Develop any third-party application that interacts with the Services without Data+Sports’s prior written consent;
· Use any automated means or interface not provided by Data+Sports to access or manipulate the Services or content (for example: using bots, crawlers, scripts, Maillist, Listserv, auto-responders or "spam", or any processes that run or are activated while you are not logged into the Services);
· Use the Services or the Service Materials (defined below) for anything other than their intended purpose or in a way that violates the Community & Content Policy.
3. USER CONTENT
What’s Permitted?
The Services allow you and other users to create, post, send and store content or Feedback, including messages, text, photos, videos, and other materials (we call these "User Content"). You are permitted to post User Content that: (a) is non-confidential; (b) you own or have all necessary legal rights to post to the Services; (c) you have the written consent, release, and/or permission from each identifiable person to use their name or likeness; (d) is accurate and not misleading or harmful in any manner; and (e) complies with these Terms, the Community & Content Policy, and any applicable laws, rules or regulations. You understand that User Content may be displayed publicly.
With some of our Services, we may enable linRewardsg or sharing to certain available content. When such linRewardsg or sharing is permitted, you may only do so for personal, non-commercial purposes, and this permission is non-transferable and may be revoked at any time. Any such links shall: (i) contain only text, and not any Data+Sports or Services trademarks, (ii) not suggest affiliation with Data+Sports or cause confusion; and (iii) not portray Data+Sports or the Services in a false, misleading, derogatory, or otherwise offensive manner, and not contain content that violates these Terms or the rights of any third party.
You affirm, represent, and/or warrant that: (i) you own or have the necessary legal licenses, rights, consents, and permissions to use, post, publish the User Content and to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use their respective name or likeness to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms.
Data+Sports does not control, take responsibility for or assume liability for any User Content or any loss or damage related to User Content. .
What’s Not Permitted?
User Content shall not violate these Terms or the Community & Content Policy for any Service, which we may update from time to time. You agree not to post, store, create or otherwise publish or send through the Services any User Content that violates these Terms and/or the Community & Content Policy. Among other things, Data+Sports forbids User Content that infringes other’s intellectual property rights, including without limitation, copyright, trademark, patent, trade secret, privacy or publicity rights. Some other examples of User Content that is not permitted include, without limitation:
· Material that you do not own or have the legal rights to post in accordance with these Terms. For example, material that is the copyright, trademark, patent, or trade secret of another, or is otherwise subject to third party proprietary rights, including privacy and publicity rights;
· Falsehoods or misrepresentations that could damage any third party or Data+Sports;
· Material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate as determined in our sole discretion;
· Advertisements or solicitations of business; and
· Fraudulent content or impersonating another person.
For additional information on prohibited User Content, please review the Community & Content Policy.
6. COPYRIGHT, TRADEMARK AND LIMITED LICENSES
ALL INTELLECTUAL PROPERTY RIGHTS TO WORKS THAT ARE NOT THE PROPERTY OF DATA+SPORTS OR ITS SERVICES THAT ARE USED OR REFERRED TO ON THE SERVICES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.
a. Our Intellectual Property
The names, logos, and any slogans of the Services, are trademarks of Data+Sports, its affiliates, suppliers or licensors. Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Service names, logos and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files (collectively, the "Service Materials") as well as their selection and arrangement are the proprietary property of Data+Sports or its licensors and are protected by U.S. and international copyright, trademark and other laws. Except as explicitly stated in these Terms, Data+Sports does not grant any express or implied right to use Service Materials.
The Services and any necessary software used therein contain proprietary and confidential information that is protected by law. You acknowledge and agree that the Services and Service Materials are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as permitted by us in writing, you agree not to reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile or disassemble the Services in whole or in part. Data+Sports’ ownership rights to the Services and Service Materials includes future developments, updates, modifications, and enhancements.
b. Our Limited License to You
You are granted a limited, nonexclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and Service Materials as described in these Terms for your personal, non-commercial use. This license is revocable at any time. This limited license does not change our rights of ownership to the Services and Service Materials. Data+Sports continues to own all right, title, and interest in and to the Services and Service Materials, even if you incorporate Service Materials into your User Content. But we do not own your purely original content. Data+Sports reserves the right to change, improve, or discontinue the Services, Service Materials, or any aspect thereof at any time without advance notice.
c. Your License to Us
To provide the Services, it is necessary for us to have certain permissions to work with User Content. You grant Data+Sports a nonexclusive, royalty-free, worldwide, transferable, and fully sub-licensable right to use, reproduce, modify, host, publish, translate, create derivative works from, distribute, run, publicly perform or display your User Content in any media (now known or later developed), including in connection with Data+Sports’ marketing and promotional activities. This permission does not affect your ownership rights, if any, to your User Content. You further grant Data+Sports the right to publicly display your username in connection with User Content.
This license also includes the right for Data+Sports to make User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services.
To terminate this license, you will need to delete your User Content or your account. Please note that if your User Content was shared with or by others, it will continue to appear on the Services.
4. COPYRIGHT COMPLAINTS
Data+Sports respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may complete the DMCA submission form here. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Data+Sports or the alleged infringer as the result of Data+Sports’ relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
5. HOW WE RESPOND TO VIOLATIONS
Removal of User Content; Suspending or Terminating Account
To prevent abuses or violations of the Services or these Terms, Data+Sports has the right to monitor your use of the Services. We will investigate activity related to your use of the Services using any means legally available and, where appropriate, may provide information about your use of the Services to law enforcement authorities and other third parties. As permitted and explained in our Privacy Policy, we may use and disclose data derived from your use of the Services to provide or improve the Services as well as to enforce these Terms.
As explained in the Section called “Termination,” Data+Sports has the absolute right to stop providing part or all of the Services, or to suspend or terminate a User’s account at any time. Data+Sports also has the right to delete or remove any User Content that we, in our sole discretion, view as violating these Terms, our Community & Content Policy, or for any other reason. Removal of User Content and/or terminating access to Services can be done without prior notice to the User.
Without limiting Data+Sports’ absolute rights of termination or removal (see Section 17 below), there are certain actions that will result in immediate removal of User Content and/or account termination. User Content that poses a legal risk, is a threat to community members, or violates these Terms will be immediately removed. In addition, if we receive notice that User Content is alleged to infringe a third party’s intellectual property or proprietary rights, it will be immediately removed and you will be notified.
If you are determined to be a repeat offender, Data+Sports will terminate your access to the Services. A repeat offender is a User who has been notified at least twice that they engaged in prohibited activity and/or has had User Content removed from any of the Services at least twice.
If your account has been suspended or terminated, and you wish to dispute it, please contact us via our contact form.
6. COPYRIGHT, TRADEMARK AND LIMITED LICENSES
ALL INTELLECTUAL PROPERTY RIGHTS TO WORKS THAT ARE NOT THE PROPERTY OF DATA+SPORTS OR ITS SERVICES THAT ARE USED OR REFERRED TO ON THE SERVICES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.
a. Our Intellectual Property
The names, logos, and any slogans of the Services, are trademarks of Data+Sports, its affiliates, suppliers or licensors. Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Service names, logos and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files (collectively, the "Service Materials") as well as their selection and arrangement are the proprietary property of Data+Sports or its licensors and are protected by U.S. and international copyright, trademark and other laws. Except as explicitly stated in these Terms, Data+Sports does not grant any express or implied right to use Service Materials.
The Services and any necessary software used therein contain proprietary and confidential information that is protected by law. You acknowledge and agree that the Services and Service Materials are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as permitted by us in writing, you agree not to reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile or disassemble the Services in whole or in part. Data+Sports’ ownership rights to the Services and Service Materials includes future developments, updates, modifications, and enhancements.
b. Our Limited License to You
You are granted a limited, nonexclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and Service Materials as described in these Terms for your personal, non-commercial use. This license is revocable at any time. This limited license does not change our rights of ownership to the Services and Service Materials. Data+Sports continues to own all right, title, and interest in and to the Services and Service Materials, even if you incorporate Service Materials into your User Content. But we do not own your purely original content. Data+Sports reserves the right to change, improve, or discontinue the Services, Service Materials, or any aspect thereof at any time without advance notice.
c. Your License to Us
To provide the Services, it is necessary for us to have certain permissions to work with User Content. You grant Data+Sports a nonexclusive, royalty-free, worldwide, transferable, and fully sub-licensable right to use, reproduce, modify, host, publish, translate, create derivative works from, distribute, run, publicly perform or display your User Content in any media (now known or later developed), including in connection with Data+Sports’ marketing and promotional activities. This permission does not affect your ownership rights, if any, to your User Content. You further grant Data+Sports the right to publicly display your username in connection with User Content.
This license also includes the right for Data+Sports to make User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services.
To terminate this license, you will need to delete your User Content or your account. Please note that if your User Content was shared with or by others, it will continue to appear on the Services.
7. THIRD-PARTY CONTENT
The Services may integrate with or otherwise interact with third party services or devices to bring you the Services. The Services may also include links and other content owned or operated by third parties, including advertisements and social "widgets." We may also allow access to third-party merchant sites from which you may purchase goods or services. We call all of these third-party services, merchants, and content "Third-Party Applications and Content."
Third Party Applications and Content have their own terms and privacy policies that govern your usage or interactions with them and their services or content. Your interactions with Third-Party Applications and Content are solely between you and the third party. Accordingly, you must read the terms and conditions and privacy policies of any Third-Party Applications and Content provider that you visit, interact with, or from whom content is posted on our Services.
You acknowledge that Data+Sports does not control, endorse, or have the ability to censor Third Party Applications and Content. You agree that Data+Sports assumes no responsibility or liability for the services, content, privacy policies, or practices of any Third Party Applications and Content and you access, use, or transact with Third Party Applications and Content at your own risk. We are not a party to any transactions entered into between you and any Third Party Applications and Content providers. Data+Sports does not warrant that any Third Party Applications and Content are compatible with the Services and expressly disclaims any liability for any damages arising from your interaction with Third Party Applications and Content.
8. EXPORT CONTROL
The Services may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you: (1) are not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) are not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Data+Sports or the Services to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
9. FEEDBACK AND OTHER FEEDBACK
Separate from User Content, you may submit questions, comments, feedback, suggestions, and other information regarding the Services (we call these "Feedback"). Feedback is considered User Content and treated accordingly under these Terms, except with regards to ownership rights. You acknowledge and agree that Feedback are non-confidential and will become the sole property of Data+Sports and that Data+Sports will own all right, title, and interest in and to any Feedback. You agree to execute any documentation required by Data+Sports to confirm such assignment to Data+Sports.
10. FEES; PAYMENTS
For any of the Services that charge a fee or require a subscription, you can make payment or purchase the subscription as described in the applicable Service. Data+Sports reserves the right to charge for certain or all Services it offers in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using those Services, you will be required to pay all applicable fees at that time. You represent and warrant that if you are maRewardsg any payments for or purchases through the Services that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company or bank, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Data+Sports, its parents, subsidiaries or affiliates, service providers, independent contractors, and consultants, and their respective directors, officers, employees, and agents (collectively, “Data+Sports Parties”), from and against any third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or in any way connected to, directly or indirectly: (a) your use of the Services; (b) your User Content or Feedback; (c) these Terms and/or the Community & Content Policy; (d) your violation of any third party’s rights; and/or (e) your conduct in connection with the Services.
Data+Sports, and/or the applicable Data+Sports Parties, reserve the right to assume the exclusive defense and control of any matter that is subject to this indemnification. If this right is exercised, you will cooperate with Data+Sports in the defense of any claim as we require. In no event shall you settle any claim without our prior written consent.
12. DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SERVICE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY RewardsD, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DATA+SPORTS. DATA+SPORTS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND SERVICE MATERIALS. DATA+SPORTS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVICE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR WILL CONTINUE TO BE OFFERED. DATA+SPORTS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE DATA+SPORTS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, DATA+SPORTS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
13. LIMITATION OF LIABILITY
You understand that when using the Services, you will be exposed to other users and to User Content from a variety of sources, and that users or User Content may be inaccurate, offensive, indecent, or objectionable. You may also access third party content or services. Data+Sports does not control you or other users’ conduct or the User Content, nor any third party content or services, and therefore we are not responsible for them. Data+Sports also does not endorse any user or User Content or any opinion, recommendation, or advice expressed therein. You assume all risk arising from your use of the Services, including but not limited to all of the risks associated with any online or offline interactions with other users or with any third party content or services. You agree to take any and all necessary precautions when interacting with other users and with third party content and services.
To the fullest extent permitted by applicable law, you agree that Data+Sports and the Data+Sports Parties shall not be liable for any direct, special, indirect, incidental, consequential, exemplary or punitive damages, or any other damages of any Rewardsd, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected to these Terms, the Services or Service Materials, even if we know they are possible (collectively, “Losses”). This includes, without limitation, Losses from your use of or inability to use the Services or the Service Materials, from reliance on any information obtained through the Services or that result from the online or offline conduct of you or anyone else in connection with the Services (including without limitation bodily injury, death or property damage), from deletion of files, accounts, or User Content, and/or from mistakes, omissions, interruptions, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Data+Sports’ or the Data+Sports Parties’ records, programs or Services.
To the fullest extent permitted by applicable law, in no event shall the aggregate liability of Data+Sports or the Data+Sports parties for any Losses, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Services or to these Terms exceed the greater of: (i) any compensation you paid, if any, to Data+Sports for access to or use of the Services for the twelve (12) months immediately preceding the Loss; or (ii) the amount of $100.00.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you. If you do not agree to this limitation of liability, your remedy is to terminate your account and discontinue using the Services.
14. MODIFICATIONS TO THE SERVICES
Data+Sports reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions of the Services or Service Materials, without prior notice. You agree that Data+Sports will not be liable for any modification, suspension or discontinuance of the Services or Service Materials, or any part thereof.
15. DISPUTES—ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DATA+SPORTS.
Any dispute, claim, or cause of action arising out of or relating in any way to these Terms, the Services, or Service Materials (we call these “Disputes”), shall be resolved by confidential binding arbitration on an individual basis, rather than in court, except as otherwise stated herein. You and Data+Sports each waive your respective rights to a jury trial for Disputes. This arbitration provision is governed by the Federal Arbitration Act.
As an exception to the arbitration requirement, the following disputes may be brought in court: (i) any dispute that seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (such as copyrights, trademarks, trade names, logos, trade secrets, or patents) may be brought in court; (ii) any claim of interference or attempted interference with our Services; and (iii) disputes regarding the scope and enforceability of this arbitration provision. In addition, either party may assert the Dispute in small claims court if the Dispute qualifies.
You and Data+Sports agree that Disputes are personal and therefore, class actions and class arbitrations are not permitted. Neither you nor Data+Sports will commence against the other a class action, class arbitration or other representative action or proceeding that would affect other users of the Services. The arbitrator does not have the authority to conduct a class arbitration or a representative action, and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Any arbitration under this provision shall be held in the state of Delaware (or, alternatively, via telephone or video conference) before and in accordance with the applicable rules of JAMS, which are available on the JAMS website. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. Arbitrations shall be conducted in English. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
As limited by the Federal Arbitration Act, these Terms, and the applicable JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any individual Dispute and to grant any remedy that would otherwise be available in court (excluding class arbitrations or representative actions as noted above). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and Data+Sports agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises before filing for arbitration. Notice to Data+Sports must be sent via our contact form. If the Dispute is not resolved informally between the parties within thirty (30) days of the date of notice, then either party may initiate arbitration in accordance with these Terms.
Any Dispute must be filed within eighteen months after it arose; otherwise, your claim is permanently barred.
Opt-Out of Arbitration: You have the right within thirty (30) days of first accepting these Terms to decline this agreement to arbitrate. To do so, you must send written notice with your name, address, username, email address or phone number that you use for your Service account, identify the Service(s) you use, and clearly state that you want to opt out of the Terms of Service arbitration agreement.
Send this notice to: ℅ Legal, Data+Sports, Inc., 35 Manor Rd, Wyckoff, NJ 07481
If you choose to file an arbitration proceeding after providing Data+Sports the required notice, Data+Sports will pay the filing fees, administration and hearing costs, and arbitrator fees if the arbitration seeks less than US $10,000 and the Dispute is not determined to be frivolous or improper by the arbitrator. We will also pay the fees and costs for any arbitration that we initiate. For all other Disputes, the fees and costs shall be paid according to the JAMS rules, including rules regarding frivolous or improper claims. 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.
16. APPLICABLE LAW AND VENUE
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of Delaware without resort to its conflict of law provisions. To the extent the arbitration requirement does not apply (if ever), you agree that any action at law or in equity for any Dispute shall be filed only in the state and federal courts located in Delaware and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding for any Dispute.
17. TERMINATION
Section 5 of these Terms have described specific instances in which Data+Sports will automatically terminate a User’s account for specified violations, such as for repeat infringement. In addition, Data+Sports reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and/or Service Materials at any time and to block or prevent your future access to, and use of, the Services and/or Service Materials, for any or no reason. Data+Sports also has the right to remove prohibited User Content at any time, without prior notice and at its sole discretion.
18. SEVERABILITY
If any provision, or part thereof, in these Terms shall be deemed unlawful, void or for any reason unenforceable, then the unenforceable provision or part thereof, shall be deemed severable from these Terms and shall not affect the validity and enforceability of the rest of the provision and any remaining provisions in these Terms.
19. CHANGES TO TERMS
If we make changes to these Terms, we will provide notice by posting a notice on the Services and will give you an opportunity to review the changes before they go into effect. We will also update the "Last Updated" date on the first page once the Terms take effect. Your continued use of the Services after notice will confirm your acceptance of the changes. If you do not agree to the updated Terms, you may delete your account(s).
20. FORCE MAJEURE
Neither party will be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including without limitation, acts of God, terrorism, war, riots, fire, natural disasters, outbreaks or pandemics, or degradation or failure of third party networks or communications infrastructure.
21. ENTIRE AGREEMENT
This is the entire agreement between you and Data+Sports regarding this subject matter and it supersedes any other written or oral information or agreements. You cannot assign your account without our written consent. We may assign or delegate our rights and obligations in whole or in part without your consent. No failure or delay by Data+Sports in exercising any of its rights under these Terms shall be deemed a waiver of those or any other rights. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Data+Sports or any of the Services, and you do not have any authority of any Rewardsd to bind Data+Sports in any respect whatsoever, and there are no third party beneficiaries intended under these Terms. The following sections will survive termination of these Terms or your account: 6a, 7, 9, 11, 12, 13, 15, 16, and 20.
22. QUESTIONS & CONTACT INFORMATION
Questions, comments, or notices under the Terms of Service may be directed to Data+Sports via our contact form.
GameDay+ – Special Terms of Service
In addition to the general Terms of Service applicable to the [GameDay+] Services, the following Special Terms of Service also apply to your use of the Services. The general Terms of Service together with these Special Terms of Service may be collectively called “Terms.” By using any of the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, do not access or use the Services. Any capitalized terms not defined separately in this Special Terms of Service policy shall have the meaning given to them in the general Terms of Service.
GAMEDAY TOKEN & GAMEDAY REWARDS
OUR GAMEDAY+ APPLICATION CONTAINS FEATURES AND FUNCTIONALITIES THAT MAY PROVIDE YOU WITH ACCESS TO OPPORTUNITIES TO EARN AND SPEND GAMEDAY TOKENS OR GAMEDAY REWARDS. YOU ACKNOWLEDGE AND AGREE THAT THESE FEATURES AND FUNCTIONALITIES ARE STILL UNDER DEVELOPMENT AND HAVE BEEN RELEASED TO YOU ON A TRIAL-BASIS. AS SUCH, IT MAY BE POSSIBLE FOR YOU TO LOSE SOME OR ALL REWARDS YOU HAVE ACCUMULATED IN ANY OF THE FOLLOWING CIRCUMSTANCES: (1) UPON LOGGING OUT AND LOGGING BACK IN USING A DIFFERENT DEVICE; OR (2) UPON TERMINATION OF YOUR GAMEDAY+ ACCOUNT BY US AT OUR DISCRETION. GAMEDAY+ IS UNDER NO OBLIGATION TO REFUND TO YOU ANY GAMEDAY TOKEN OR GAMEDAY REWARDS YOU MAY LOSE.
(1) GameDay Wallet. We may make available wallet services within GameDay+ Application for you to store GameDay Tokens and GameDay Rewards that you have earned through GameDay+ Application. The wallet is accessible to any person that has access to your account with us. Accordingly, you acknowledge and agree that it is your responsibility to maintain the safety and security of your password to the GameDay+ Application and that any person having access to your account may be able to spend Rewards that you have stored within your wallet.
(2) Irreversibility of GameDay Wallet Transactions. You acknowledge that GameDay Wallet transactions, including each time you spend or transfer GameDay Tokens or GameDay Rewards, are irreversible and that it is your sole responsibility to ensure you make each decision to transact carefully.
ADDITIONAL LICENSE TERMS
To the extent not already covered in the general Terms of Service, you grant us a non-exclusive, royalty-free and fully paid, irrevocable, worldwide license, with the right to grant sublicenses, to: (1) reproduce, distribute, host, display, and otherwise use the User Content for the purpose of operating, developing, providing and improving the Services, including publishing, distributing and promoting your User Content in the group or through the bot or with the operator of such bot, with whom you have interacted with, and researching and developing new products and services; (2) to generate anonymized or de-identified information (“Aggregated Statistical Information”); and (3) using your User Content as described in the Privacy Policy.
INACTIVITY. In addition to the other rights we have to terminate accounts or reclaim usernames, we may also reclaim usernames if you've been inactive for at least 3 months.
APPLE APP STORE ADDITIONAL LICENSE TERMS
If the GameDay+ Application is provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
(1) The parties acknowledge these Terms are concluded between the parties, and not with Apple. The responsibility for the GameDay+ Application and content thereof is governed by these Terms.
(2) Notwithstanding anything to the contrary hereunder, you may use the GameDay+ Application only on an iPhone or iPod touch that you own or control.
(3) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the GameDay+ Application.
(4) In the event of any failure of the GameDay+ Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the GameDay+ Application (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the GameDay+ Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms.
(5) Any claim in connection with the GameDay+ Application related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim.
(6) Any third party claim that the GameDay+ Application or your possession and use of the GameDay+ Application infringes that third party's intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
(7) You represent and warrant that you are not: (i) located in any 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; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
(8) Apple is a third party beneficiary to these Terms and may enforce these Terms against you.
(9) If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple's applicable instructions for Minimum Terms for Developer's End User License Agreement (the current version as of the date these Terms was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple's instructions for Minimum Terms for Developer's End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
GOOGLE PLAY
If the GameDay+ Application is provided to you through Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
(1) You acknowledge that Google is not responsible for providing support services for the GameDay+ Application.
(2) If any of the terms and conditions in these Terms are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google's Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.