These TERMS OF SERVICE (this “Agreement”) concern the MajorLeagueFishing.com, ScoreTrackerLive.com and ShopMLF.com websites (each with their respective pages and features, the “Site”), the SCORETRACKER LIVE™ software program or application (together with its pages and features, the “ScoreTrackerLive App”), and those certain fishing tournament and other event services accessible or registrable on or through the Site as described further below (collectively, the “Event Services”). This Agreement is made and entered into by and between you and any person helping you visit, access, register with or use the Site, the ScoreTrackerLive App and/or the Event Services (collectively, “you” or “your”), on the one side, and Major League Fishing, LLC (“MLF”), on the other side. You and MLF are sometimes referred to herein each as a “Party” and together as the “Parties.”
Please read this Agreement carefully before accessing or using the Site, the ScoreTrackerLive App or the Event Services because it constitutes a legally binding agreement between you and MLF. This includes the “Dispute Resolution” clause contained in this Agreement, which provides for binding arbitration and waivers of jury trials and class actions.
When you create, register with or log into an account through the Site, the ScoreTrackerLive App or the Event Services you are automatically accepting and agreeing to the most-recent version of this Agreement.
Similarly, by visiting, accessing, registering with or using the Site, the ScoreTrackerLive App or the Event Services you are automatically accepting and agreeing to the most-recent version of this Agreement, and your continuing visit, access, registration with or use of the Site, the ScoreTrackerLive App or the Event Services reaffirms your acceptance and agreement in each instance.
If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing, registering with and/or using the Site, the ScoreTrackerLive App or the Event Services.
MLF may supplement, amend or otherwise modify this Agreement at any time. Such modifications will be posted on this or a similar page of the Site or the ScoreTrackerLive App, as applicable, emailed to the email address associated with your User Account (defined below) or posted to your User Account (defined below), and shall be deemed effective as of their stated effective or modification date. It is your responsibility to carefully review this Agreement and your User Account (defined below) each time you visit, access, or use the Site or the ScoreTrackerLive App.
1. Eligibility. The Site, the ScoreTrackerLive App and the Event Services are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Agreement. By visiting, accessing, registering with or using the Site or the ScoreTrackerLive App, or by purchasing or using any products or services (including, without limitation, the Event Services) through the Site or the ScoreTrackerLive App, you represent and warrant to MLF that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using the Site and the ScoreTrackerLive App and for purchasing and using any products or services through the Site or the ScoreTrackerLive App, and you may only use them for lawful purposes.
2. Privacy. MLF respects your privacy and the use and protection of your personal information. MLF’s policies concerning the collection and use of your personal information in connection with the Site and the ScoreTrackerLive App are set forth in the Privacy Policy, which you should carefully review each time you visit, access, register with or use the Site or the ScoreTrackerLive App.
3. Your Devices. Certain portions of the Site and/or the ScoreTrackerLive App may be configured for, and MLF may offer the Site and the ScoreTrackerLive App through, computers, tablets, smart phones and/or other electronic devices (“Device(s)”), and this Agreement shall apply with equal force and measure to your visit, access, registration with and use of the Site and the ScoreTrackerLive App through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Site and/or the ScoreTrackerLive App. MLF does not guarantee that the Site, the ScoreTrackerLive App or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. If you visit, access or use the Site or the ScoreTrackerLive App through a particular Device, then you hereby acknowledge and agree that information about your use of the Site or the ScoreTrackerLive App through that Device or its carrier or network (such as, by way of example only, the identity of your Device or its carrier or network) may be communicated to MLF and/or certain third parties. All or any part of the voice, message, and data fees, rates, charges and taxes of your Device’s carrier or network, or another third party, may apply to your visit, access, registration with and/or use of the Site and/or the ScoreTrackerLive App. MLF is not responsible for, and you further accept full responsibility for, all Device, carrier and network fees, rates, charges and taxes which may apply, if any.
4. Description of ScoreTrackerLive App. The ScoreTrackerLive App is a web-based, non-downloadable scoring technology that registered users can access through their Devices to score fishing tournaments in real time and watch active fishing tournament leaderboards, among other features. Users may register to use the ScoreTrackerLive App as an event “Organizer” or a participating event “Angler” by setting up a ScoreTrackerLive.com User Account (defined below).
5. Description of Event Services. The Event Services involve those services MLF may provide in relation to its various fishing tournaments and other events, which you may register for online through the Site in certain instances, and which are subject to any additional terms, conditions and rules MLF may impose with respect to any such events or event registrations.
6. Ownership. The Site, the ScoreTrackerLive App, the Event Services and all elements and derivatives of the foregoing (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by MLF. In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of MLF’s or its licensors’ respective rights and remedies under applicable law.
7. Rights, Permissions, and Consents.
a. License of the Site. Subject to the terms and conditions of this Agreement, MLF grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon. If you have a User Account (defined below) with the applicable Site in good standing, then, subject to any associated payment and registration obligations imposed by or with the prior consent of MLF, said license shall extend to the registration-only pages of that Site. If you have a User Account (defined below) with the applicable Site in good standing, then, subject to any associated payment and registration obligations imposed by or with the prior consent of MLF, said license shall extend to the registration-only pages of that Site. Your unauthorized use of the Site, the ScoreTrackerLive App or the Event Services, or any breach by you of this Agreement, automatically terminates this license.
b. License of the ScoreTrackerLive App. Subject to the terms and conditions of this Agreement, and any associated payment and registration obligations as imposed by or with the prior consent of MLF, MLF grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and use the ScoreTrackerLive App through your Device in the manner that MLF intends registered end users to access and use the ScoreTrackerLive App. You may not rent, lease, lend, sell, transfer, redistribute or sublicense your right to access or use the ScoreTrackerLive App. Your unauthorized use of the Site, the ScoreTrackerLive App or the Event Services, or any breach by you of this Agreement automatically terminates this license.
c. License of Event Services. Subject to the terms and conditions of this Agreement, and any associated payment and registration obligations as imposed by or with the prior consent of MLF, MLF grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and use the Event Services through the MajorLeagueFishing.com Site and/or the ScoreTrackerLive App, as applicable, for your personal and non-commercial use, with such use being limited to the country or other jurisdiction in which you have established your MajorLeagueFishing.com User Account, and with such use being further limited to those geographic areas where MLF offers the applicable Event Services.
d. License of User Materials. All names, photographs, information, communications and any other content that you submit to or publish on or through the Site or the ScoreTrackerLive App, or that you submit to or publish on an online social media account (e.g., Facebook, Google Plus, Twitter, Instagram) that you own and link or otherwise associate with the Site, the ScoreTrackerLive App, the Event Services or your User Account (defined below), if any and as applicable, is hereinafter defined as the “User Materials.” You hereby grant MLF an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual and universe-wide license for MLF to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any manner, medium or form, whether now known or hereinafter devised, as MLF sees fit in its sole discretion.
e. Reservation of Rights. Nothing in this Agreement shall restrict or limit MLF’s rights, titles or interests in or to the Site, the ScoreTrackerLive App, the Event Services, the User Materials or any elements or derivatives of the foregoing.
f. Warnings; Disclaimers. Please note that the User Materials might become the subject of public disclosure. Thus, MLF is not responsible for, and expressly disclaims any liability arising from or in connection with, its use of any User Materials in accordance with the terms and conditions of this Agreement.
8. Suspension or Termination of Service. MLF has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site, the ScoreTrackerLive App, the Event Services and/or your User Account (defined below) at any time, and without notice or recourse, as MLF deems advisable in its sole discretion. MLF shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content).
9. User Account.
a. Registration. As explained further above, to secure the right to access and use the registration-only pages or features of the Site, the ScoreTrackerLive App and the Event Services (with all such Event Services being registration based), register with and create a personal user account with MLF through the MajorLeagueFishing.com or ScoreTrackerLive.com Site, as applicable (each a “User Account”), as well as further acknowledge your acceptance of and agreement to this Agreement and those additional terms, conditions and policies referenced herein, as MLF may require from time-to-time. As part of the registration process, you may be required to satisfy certain conditions precedent imposed by MLF (including, for example, providing additional information to MLF, and entering into additional agreements with MLF). Unless otherwise permitted by MLF in writing, you may only have one (1) non-transferable MajorLeagueFishing.com User Account and one (1) non-transferable ScoreTrackerLive.com User Account.
b. User Account Activity and Information. You are responsible for all activity that occurs under your User Account and prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current payment method and email address) because your failure to do so may result in your inability to access, use and/or receive all or any part of the Site, the ScoreTrackerLive App and/or the Event Services and/or MLF’s termination of this Agreement. For security purposes, you shall immediately notify MLF if you suspect a third party has gained access to or is using your User Account without authorization. For the avoidance of doubt, MLF has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors and vendors to access and use, the information in your User Account in order to facilitate the exercise and performance of MLF’s rights and obligations under this Agreement, the operation of the Site and the ScoreTrackerLive App, and/or any other the rights, obligations and services related to the subject matter of this Agreement (including, without limitation, payments, and communications).
c. Indemnification. If you fail to comply with any terms or conditions of sections 9(b) or 9(c) above (whether intentionally or unintentionally), then you accept full responsibility for the consequences thereof (including, without limitation, any unauthorized charges and payments, any unauthorized changes to your User Account information and settings and any unauthorized access or use of your User Account), and agree to indemnify, release and hold harmless MLF and MLF’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with your failure to comply with such terms or conditions.
10. Payments.
a. Event Fees; Promotional Free Trials and Discounts. You understand and acknowledge that, with the exception of any free trial periods, and addition to any User Account registration or other event registration requirements, MLF will charge you a fee to use the Event Services (including, for example, fishing tournament or other event registration fees based on the number of Anglers participating in a particular event) (collectively, the “Event Fee(s)”). MLF reserves the right, but not the obligation, to afford you a promotional free trial period(s) or discounted Event Fee amount(s) for accessing and using certain registration-only pages or features of the Site, the ScoreTrackerLive App and/or the Event Services. MLF will not charge you an Event Fee for any such promotional free trial period. However, upon the expiration of any such promotional free trial period or discounted Event Fee amount, you must further agree to the terms and conditions of this Agreement and pay the applicable Event Fees in order to receive the continued right to access and use the those registration-only pages or features of the Site, the ScoreTrackerLive App and/or the Event Services, as applicable
b. Products and Services. MLF might offer, sell, license or otherwise make available various products or services on, through or in relation to the Site or the ScoreTrackerLive App (including, without limitation, the Event Services), some of which might only be made available to you upon completion and submission of an online form or other instructions provided to you by MLF. MLF has the right to refuse its products and services to you if it suspects that you are in any way involved in fraudulent or illegal activity, (including, without limitation, the use of stolen credit cards); and may contact your payment method issuer, law enforcement or others and share information relating to your payments if MLF believes doing so will prevent a violation of the law or financial loss.
c. Shopping Cart. Certain sales transactions on, through or in relation to the Site or the ScoreTrackerLive App might take place through an online shopping cart feature (“Shopping Cart”). Once you proceed to “check out” or the like, you will be able to review your order, update quantities, remove items and enter promotional codes, if any, as applicable. MLF will then ship or arrange for the shipment of the purchased product items to your designated shipping address, if any such shipment is applicable.
d. Third-Party Vendors. The Shopping Cart is provided by a third-party vendor and resides on that third-party vendor’s website via a dedicated page or portal. All credit card, debit card and other monetary transactions on or through the Site, the ScoreTrackerLive App and/or the Shopping Cart occur through an online payment processing application that is provided by a third-party vendor(s). MLF’s relationship with its third-party vendors, if any, is merely contractual in nature, as they are nothing more than third-party vendors and are in no way subject MLF’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors or the like.
e. Payment Authorization. If you provide MLF with your payment information, then you authorize MLF to do the following as MLF deems necessary, although MLF has no obligation to do so: (a) share your payment information with its third-party vendor(s); (b) obtain your updated payment information from your payment issuer, MLF’s third-party vendor(s) and/or applicable third-party providers; and (c) use your payment information to charge payments that accrue under your account(s) with MLF in accordance with this Agreement.
f. Payment Obligations. You agree that you are responsible for the payment of all amounts that accrue under your account(s) with MLF, MLF’s third-party payment processing vendor(s), and/or any other third-party providers on or through the Site and/or the ScoreTrackerLive App (including, without limitation, all shipping and handling charges associated with the delivery of any products that you purchase online from MLF). You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on or through the Site and/or the ScoreTrackerLive App, including, without limitation, all fees, penalties, taxes and duties; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.
g. Waiver of Claims. To the fullest extent permitted by law, you agree to waive all claims against MLF related to any unauthorized payments made on, through or in relation to your account(s) with MLF, MLF’s third-party payment processing vendor(s), any other third-party providers and/or any other person or entity, regardless of whether they are authorized or unauthorized.
h. Accurate Payment Information. You represent and warrant to MLF that any payment information you provide on or through the Site and/or the ScoreTrackerLive App is current, complete, and accurate; and that you will promptly notify MLF if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.
i. No Refunds. All sales and payments made on, through or regarding the Site or the ScoreTrackerLive App, or any products or services offered, marketed or provided on, through or in relation to the Site or the ScoreTrackerLive App (including, without limitation, the Event Services), are final, irrevocable, and not subject to or eligible for refund or return, in whole or in part, unless otherwise expressly stated in this Agreement.
j. Refusal of Products and Services. MLF has the right, but not the obligation, to refuse any and all of its products and services to you (including, without limitation, the Event Services) if it suspects that you are in any way involved in fraudulent or illegal activity (including, without limitation, the use of stolen credit cards). MLF may contact your payment method issuer, law enforcement or others and share information relating to your payments if MLF believes doing so will prevent a violation of the law or financial loss.
11. Electronic Communications.
a. Express Consent. You hereby expressly consent to MLF and its affiliated companies sending or otherwise communicating with you for any purpose (including, without limitation, for advertising or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters or other informational purposes) by email. By giving such consent, you agree that no such communication shall violate the CAN-SPAM Act or any other applicable laws, rules or regulations. Voice, message, and data fees, rates, charges and/or taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for purchase or license of any other MLF products or services.
b. Email Opt-Out. You may opt-out of receiving any emails as described in section 11(a) above any time by following the opt-out instructions in any such emails you have received and would like to opt-out of. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, the ScoreTrackerLive App, your User Account, MLF’s products or services, and/or your ability to receive certain messages and/or notifications from MLF.
12. Submissions. MLF does not accept unsolicited materials or ideas for content, and you acknowledge and agree that neither MLF nor any of MLF’s content providers are responsible or liable for the similarity of any information or content made available on or through the Site, the ScoreTrackerLive App and/or the Event Services.
13. Prohibited Activities. You shall not engage in any of the following activities at any time with respect to the Site, the ScoreTrackerLive App or the Event Services: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by MLF or its licensors with respect to the Site, the ScoreTrackerLive App or the Event Services); (c) the reproduction of the Site, the ScoreTrackerLive App or the Event Services or any information or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by MLF herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements to or through the Site or the ScoreTrackerLive App that is false, misleading, deceptive or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (i) the systematic retrieval or copying of any information or content found on or through the Site, the ScoreTrackerLive App or their servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (j) the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site, the ScoreTrackerLive App or their servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like in relation to the Site, the ScoreTrackerLive App or their servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site, the ScoreTrackerLive App or their servers; (m) any act that gains or attempt to gain unauthorized access to computer systems, networks, information or materials through the Site, the ScoreTrackerLive App or their servers; or (n) any other act that MLF becomes aware of and believes in good faith is improper, illegal or harmful to the Site, the ScoreTrackerLive App, their servers, or any person, entity or property.
14. Links to Other Sites, Apps, Networks, Platforms, and Servers.
a. Linked Technologies. The Site, the ScoreTrackerLive App, the Event Services and/or any communications sent through or as a function thereof may contain links to third-party websites, networks, platforms, servers and/or applications, and, similarly, third-party websites, networks, platforms, servers and/or applications may contain links to the Site, the ScoreTrackerLive App and/or the Event Services (collectively, “Linked Technologies”). The Linked Technologies are not under the control of MLF. The Site, the ScoreTrackerLive App, the Event Services and any such communications contain the outgoing links as a convenience to you.
b. Disclaimer About Linked Technologies. MLF is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information and illegal content). MLF does not make, nor has MLF made, any representations or warranties (express, implied or otherwise) concerning the terms of use or service, privacy policies, agreements, information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies; nor shall the fact that the Site or the ScoreTrackerLive App may link to or from any Linked Technologies constitute an affiliation with, association with or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from such Linked Technologies. If you decide to access any Linked Technologies, then you do so at your own risk.
15. Take Down. MLF reserves the right, but not the obligation, to take down or otherwise exclude from the Site and the ScoreTrackerLive App, without notice or recourse, any communications, names, photographs, information and/or content made or submitted by you or others on or through the Site or the ScoreTrackerLive App which MLF believes at any time and in its sole discretion to be infringing or otherwise in violation of the proprietary, privacy or publicity rights of any person or entity; plagiarizing; defamatory; disparaging; embarrassing towards any person or entity; disclosing of confidential, private or personal information about or belonging to any person or entity; profane; indecent; obscene; racist, sexist, or otherwise derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; illegal; false; misleading; deceptive; inciting violence; hate speech; and/or a political attack on a group or individual.
16. Copyright Infringement. MLF respects the copyrights of others and prohibits users from uploading, posting, distributing, or otherwise transmitting any materials on or through the Site or the ScoreTrackerLive App, or from engaging in any activities on or through the Site or the ScoreTrackerLive App, which violate the copyrights of others. It is the policy of MLF to terminate, and MLF reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of any subscriber and account holder (which may include, without limitation, you) to access, register with and use the Site and the ScoreTrackerLive App who is a repeat copyright infringer. And if MLF becomes aware that a user who is not a subscriber or account holder (which may also include, without limitation, you) is a repeat copyright infringer, then it is the policy of MLF to take reasonable steps within its power to terminate, and MLF reserves the right to terminate without penalty or recourse, in appropriate circumstances the right of that user to access and use the Site and the ScoreTrackerLive App. The following procedures shall apply in the event that you or another person or entity alleges that the reproduction, public performance, public display, digital transmission or other use of a work found on the Site or the ScoreTrackerLive App infringes your copyright, the copyright of said person or entity or any other intellectual property right owned by you or said person or entity. These procedures are intended to comply with 17 U.S.C. § 512 and any other applicable laws. By visiting, accessing, registering with or using the Site or the ScoreTrackerLive App, you are automatically agreeing to comply with the following procedures.
a. Takedown Notice (Materials). To report any materials on the Site or ScoreTrackerLive App that violate the copyrights of others, you must send MLF a written communication that includes substantially the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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 at that site;
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 the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Takedown Notice (Information Location Tools). To report any information location tools (e.g., hyperlinks) on the Site or the ScoreTrackerLive App that refer or link users to an online location containing infringing material or infringing activity, you must send MLF a written communication that includes substantially the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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 at that site;
iii. Identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link;
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
c. Counter-Notice. If you believe that any material you have uploaded, posted, distributed, or otherwise transmitted on the Site or the ScoreTrackerLive App has been removed by mistake or misidentification, and if you have the right to upload, post, distribute or otherwise transmit the material at issue, then you may send MLF a written communication that includes substantially the following:
i. A physical or electronic signature of the subscriber;
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
iv. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
d. Copyright Administrator. The foregoing written communications (i.e., the above-described takedown notice, and the above-described counter-notice) must be sent to the following designated agent of MLF:
Major League Fishing, LLC, Attn.: Copyright Agent, 4500 S. 129th E. Avenue, Suite 201, Tulsa, Oklahoma 74134, tel.: (918) 281-4508, email: [email protected]
17. User Representations, Warranties, and Covenants. You represent, warrant and covenant to MLF that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that by accepting this Agreement you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state or local laws which may concern the Site, the ScoreTrackerLive App, their servers, the Event Services or any information, communications or content found on or through them; (g) you are the exclusive owner of all rights, titles and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass or disclose confidential, private or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is, profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware or other malicious or tracking technology; (l) MLF is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under this Agreement; (m) no obligation, disability, agreement or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to MLF in connection with your access or use of the Site, the ScoreTrackerLive App and the Event Services is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.
18. Disclaimers and Limitations.
a. General Disclaimer. Your visit, access, registration with or use of the Site, the ScoreTrackerLive App and/or any products or services made available to you on, through or in relation to the Site (including, without limitation, the Event Services, and any products purchased using the Shopping Cart) in any way is done at your own risk. The Site, the ScoreTrackerLive App, the success or performance of the Site or the ScoreTrackerLive App and all information, communications, content, features, products and services offered, sold, licensed or made available on, through or in relation to the Site or the ScoreTrackerLive App (including, without limitation, the Event Services, and any products purchased using the Shopping Cart) are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis. MLF does not make, nor has MLF made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the Site, the ScoreTrackerLive App, any such information, communications, content, features, products or services or their success, performance, functionality, reliability or safety. MLF expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, accuracy, reliability and performance) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Site, the ScoreTrackerLive App, any such information, communications, content, features, products and services and their success, performance, functionality, reliability and safety. MLF does not make, nor has MLF made, any affirmation of fact, promise or warranty (express, implied or otherwise) relating to the Site, the ScoreTrackerLive App, any such information, communications, content, features, products or services or their success, performance, functionality, reliability or safety that extends beyond the face of this Agreement or that has become any basis of any bargain.
b. Disclaimer About Products and Services. All descriptions, images, references, features, content, specifications, products and prices of any products or services offered on, through or in relation to the Site or the ScoreTrackerLive App (including, without limitation, the Event Services, and any products purchased using the Shopping Cart) are subject to change at any time and without notice to you. Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on, through or in relation to the Site or the ScoreTrackerLive App (including, without limitation, the Event Services, and any products purchased using the Shopping Cart) does not imply or warrant that they are or will be available. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any product or service ordered or purchased on, through or in relation to the Site or the ScoreTrackerLive App (including, without limitation, the Event Services, and any products purchased using the Shopping Cart). MLF reserves the right, with or without prior notice to you, to do any one or more of the following: (i) limit the available quantity of or discontinue any such product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar you from making or completing any transactions on or through the Site or the ScoreTrackerLive App; and (iv) refuse to provide you with any such product or service.
c. Disclaimer About System Delays. You understand and acknowledge that the Site and/or the ScoreTrackerLive App may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of MLF’s control. Accordingly, MLF shall not be responsible for, and expressly disclaims, any delays, failures, losses, injuries, liabilities or damages associated with the Site and/or the ScoreTrackerLive App which result from any system delays, downtimes, interruptions or other failures of or problems with the Site and/or the ScoreTrackerLive App which are outside of MLF’s control (including, without limitation, scheduled maintenance or network failure).
d. Disclaimer About Certain Information, Communications and Content. Any opinions, advice, reviews, statements, offers or other information, communications or content found on, through or in relation to MLF, the Site, the ScoreTrackerLive App, the Event Services or any third-party providers (including, without limitation, the Shopping Cart, advertisements, and social media pages) are those of their respective authors, and not necessarily those of MLF; thus, they should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such information, communications or content. MLF does not guarantee, adopt or endorse the accuracy, completeness, reliability or usefulness of any such information, communications or content, even if MLF is the author. MLF is not responsible for the accuracy, completeness, reliability or usefulness of any such information, communications or content. Under no circumstances shall MLF be liable to you or any third parties for any loss or damage caused by or arising from or in connection with your reliance on any such information, communications or content.
e. Limitation of Liability. In no event shall MLF or any of MLF’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with: (i) your visit, access, registration with or use of the Site, the ScoreTrackerLive App or the Event Services, or your inability to visit, access or use the Site, the ScoreTrackerLive App or the Event Services; (ii) any products or services made available on, through or in relation to the Site or the ScoreTrackerLive App (including, without limitation, the Event Services, and any products purchased using the Shopping Cart); (iii) any statements, content or conduct of any third party on, through or in relation to the Site, the ScoreTrackerLive App or any such products or services; (iv) any unauthorized access to or alteration of your personal; (v) any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s) or User Account; (vi) any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s) or User Account; (vii) the fact that you have relied on any information, content or communications published on, through or in relation to the Site, the ScoreTrackerLive App or any such products or services; or (viii) any acts, errors or omissions of any third-party providers. If you are dissatisfied with the Site, the ScoreTrackerLive App or any products or services offered, sold, licensed or made available on, through or in relation to the Site or the ScoreTrackerLive App (including, without limitation, the Event Services), then your sole and exclusive remedy is to discontinue your access and use of the Site, the ScoreTrackerLive App and such products and services.
f. No Injunctive Relief. If MLF breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the Site, the ScoreTrackerLive App and/or any products or services made available on, through or in relation to the Site or the ScoreTrackerLive App (including, without limitation, the Event Services, and any products purchased using the Shopping Cart) as a result of such breach or other violation. For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement).
g. Limitation of Remedies. If MLF breaches or otherwise violates this Agreement, then in no event shall you be entitled to recover any special, incidental, consequential, speculative or punitive damages arising out of or in relation to such breach or other violation, even if MLF has been notified of the possibility of such damages; and in no event shall MLF’s liability under this Agreement exceed the amount of Event Fees actually paid and/or payable by you under this Agreement within the six (6) month period immediately preceding the date of such breach or other violation of this Agreement, or the amount paid by you to purchase any products using the Shopping Cart which are the subject of the dispute, controversy or claim.
h. Consumer Protections. The disclaimers and limitations set forth in this section 18 are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.
19. General Release of Claims. You hereby release and hold harmless MLF and MLF’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Site, the ScoreTrackerLive App, the products or services made available on or through the Site or the ScoreTrackerLive App (including, without limitation, the Event Services, and any products purchased using the Shopping Cart) and/or the rights and privileges granted or conveyed by you under this Agreement (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives or marketing of the foregoing). Further, you waive your right to, and in no event shall you seek to, enjoin MLF, any of MLF’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees or any exercise of the rights or privileges granted or conveyed by you under this Agreement (including, without limitation, the User Materials).
20. Indemnification. You hereby agree to indemnify, release and hold harmless MLF and MLF’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorneys’ fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors or omissions, (b) your use of the Site, the ScoreTrackerLive App or any products or services made available on or through the Site or the ScoreTrackerLive App (including, without limitation, the Event Services, and any products purchased using the Shopping Cart) in any manner contrary to the terms and conditions of this Agreement, (c) your violation of the rights of or other injury to any third party, and/or (d) your breach of all or any part of this Agreement.
21. Term; Termination; Survival. This Agreement shall continue and remain in effect until it is terminated in accordance with the terms and conditions of this Agreement. MLF may terminate this Agreement at any time, for any or no reason, and without notice to you (including, without limitation, if MLF believes that you have violated or acted inconsistently with any term or condition of this Agreement). You may terminate this Agreement at any time and for any or no reason by cancelling your applicable User Account registration. If this Agreement is terminated for any reason, then all rights granted to you under this Agreement shall automatically revert back to MLF, and the following shall survive in perpetuity: (a) all defined terms under this Agreement; (b) all rights and privileges under this Agreement which were granted to and/or accrued in favor of MLF and/or any of MLF’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Agreement’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Agreement.
22. Governing Law. This Agreement, the additional terms, conditions, and policies referenced herein (including, without limitation, the Site’s and the ScoreTrackerLive App’s Privacy Policy), your visit, access, registration with or use of the Site, the ScoreTrackerLive App and/or the Event Services, any transactions made on or through the Site or the ScoreTrackerLive App, any products purchased or services purchased on, through or in relation to the Site (including, without limitation, the Event Services, and any products purchased using the Shopping Cart), the Parties’ relationship, and all disputes, controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Colorado in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis. For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.
23. Dispute Resolution.
a. Binding Arbitration; Waiver. Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Agreement, any additional terms, conditions, or policies referenced in this Agreement, your visit, access, registration with or use of the Site, the ScoreTrackerLive App or the Event Services, any transactions made on or through the Site or the ScoreTrackerLive App, any products purchased or services purchased on, through or in relation to the Site (including, without limitation, the Event Services, and any products purchased using the Shopping Cart), and/or the Parties’ relationship (whether grounded in contract, tort, statute, law or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final and confidential. Each Party acknowledges and agrees that he/she/it is waiving the right to a trial by jury or to participate as the member of a class in any purported class action proceeding.
b. Arbitration Rules. The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence; and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this section 23 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
c. Arbitration Process, Location, and Procedures. The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Denver, Colorado, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.
d. Arbitration Decisions and Awards. The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and in any event not more than forty-five (45) days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under this Agreement or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this section 23. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Colorado, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award or other determination of the arbitrator shall be filed under seal.
e. Arbitration Fees and Expenses. JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, however, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Agreement or applicable law.
f. Litigation; Waiver. In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of the State of Colorado in Denver County, Colorado, United States of America and the United States federal courts in the District of Colorado, Denver Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.
g. Waiver of Jury Trial and Class Action. Regardless of whether a particular dispute is subject to arbitration or litigation, each Party does hereby waive his/her/its right to a trial by jury, to participate as the member of a class in any purported class action or other proceeding or to name unnamed members in any purported class action or other proceedings.
24. Notice. Unless otherwise expressly stated in this Agreement, MLF may give or deliver all other notices to you by means of a general notice posted on this or a similar page of the Site or the ScoreTrackerLive App, as applicable, by email to the email address associated with your User Account or by posting to your User Account, and shall be deemed effective as of their stated effective dates.
25. Relationship. In no event shall this Agreement, the performance of a Party’s rights or obligations under this Agreement, the Site, the ScoreTrackerLive App, the Event Services or a Party’s visit to, access of, registration with or use of the Site, the ScoreTrackerLive App and/or the Event Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you or MLF.
26. Miscellaneous.
a. Electronic Signatures. If your acceptance of this Agreement is further evidenced by your affirmative assent to the same (e.g., by a “check the box” acknowledgment procedure), then that affirmative assent is the equivalent of your electronic signature to this Agreement. However, for the avoidance of doubt, your electronic signature is not required to evidence or facilitate your acceptance and agreement to this Agreement, as you agree that the conduct described in this Agreement as relating to your acceptance and agreement to this Agreement alone suffices.
b. Excused Performance. MLF is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.
c. Assignment and Delegation. You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without MLF’s prior written consent in each instance.
d. Construction and Interpretation. This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
e. Headings. Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of this Agreement.
f. Severability. If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
g. Entire Agreement. This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site’s and the ScoreTrackerLive App’s Privacy Policy), constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.
27. Contact Us. Please direct any questions you may have about the Site, the ScoreTrackerLive App, the Event Services or this Agreement to [email protected], with a subject line of “Website Question.” The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Agreement.
28. Last Modified. This Agreement was last modified on January 16, 2018.