Last updated: May 26, 2015

Sports Follower App End User License Agreement and Terms of Use

This Mobile Application End User License Agreement and Terms of Use (the “Agreement”) is a binding agreement between you (“You”) and Travelmooch, Inc. (“Company” or “Travelmooch”), the maker of the Sports Follower application. This Agreement governs your use of the Sports Follower mobile application (including all related documentation, software, features, content and services offered by the Company relating thereto, the “Licensed Application”). The products transacted through the Licensed Application are licensed, not sold, to You for use only under the terms of this Agreement, unless a product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. The Company reserves all rights not expressly granted to You.

BY USING THE LICENSED APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE NOT YOUNGER THAN 13 YEARS OLD AND ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (C) ACKNOWLEDGE THAT YOU UNDERSTAND THAT THE CONTENT OF THE LICENSED APPLICATION AND SPORTS SCHEDULE INFORMATION, INCLUDING INFORMATION PROVIDED BY THE COMPANY AND/OR THIRD-PARTIES, MAY BE INACCURATE AND SHOULD NOT BE RELIED UPON; AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE LICENSED APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.


a. Scope of License: This license granted to You for the Licensed Application by Company is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Company and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Company that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.


b. Consent to Use of Data and Privacy Policy: You agree that the Company along with third parties such as Google Analytics, Apple analytics, Piwik, and Helpshift, may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, peripherals, and your use of the Licensed Application.All information we collect through or in connection with this Licensed Application is subject to the Sports Follower App Privacy Policy. By downloading, installing, using and providing information to or through this Licensed Application, You consent to all actions taken by us with respect to your information in compliance with the Sports Follower App Privacy Policy.


c. Termination. The license is effective until terminated by You or the Company. Your rights under this Agreement will terminate automatically without notice from the Company if You fail to comply with any term(s) of this Agreement. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.


d. Services; Third Party Materials. The Licensed Application may enable access to Company’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.


You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or nudity, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Company shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.


Certain Services may display, include or make available content, data, information, posts, pictures, videos, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.


Sports and schedule information provided by the Licensed Application, including but not limited to sports team schedules, game times, and game locations, may at times be inaccurate and are not intended to be relied upon. Instead, You should confirm any such information with official league and/or team authorities. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Company, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of sports and schedule information or location data displayed by any Services.


You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, reverse engineer, decompile, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Company is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.


In addition, third party Services and Third Party Materials may not be available in all languages or in all countries. The Company makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Company, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Company be liable for the removal of or disabling of access to any such Services. The Company may also impose limits on the use of or access to certain Services, in any case and without notice or liability.


e. Geographic Restrictions. The Licensed Application is based in the United States and provided for access and use by persons located in the United States. If You access the Licensed Application from outside the United States, You are responsible for compliance with local laws. In addition, through your continued use of the Licensed Application, which is governed by United States law, You are transferring your information to the United States and You consent to that transfer.


f. Updates. The Company may from time to time in its sole discretion develop and provide Licensed Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features, content, or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the Licensed Application will automatically download and install all available Updates; or (b) You may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Licensed Application or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Licensed Application and be subject to all terms and conditions of this Agreement.


g. Feedback and Unsolicited Idea Submission Policy. Please see the Company’s Feedback and Unsolicited Idea Submission Policy for information on this policy.


h. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.


i. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Company’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two dollars ($2.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.


j. Indemnification. You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Licensed Application or your breach of this Agreement. Furthermore, You agree that the Company assumes no responsibility for the content You submit or make available through this Licensed Application, if any, including if the Licensed Application may provide the ability to make user submissions.


k. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.


l. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.


m. Assignment. You may not assign any of your rights or obligations under this Agreement without prior written consent from the Company. The Company may assign any or all of its rights under this Agreement, in whole or in part, without obtaining your consent or approval.


n. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.


o. Governing Law; Jurisdiction. The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. Any legal suit, action or proceeding arising out of or related to this Agreement or the Licensed Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.


p. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE LICENSED APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


q. Entire Agreement. This Agreement, the Company’s Feedback and Unsolicited Idea Submission Policy, and the Sports Follower App Privacy Policy constitute the entire agreement between You and the Company with respect to the Licensed Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Licensed Application.


r. Modifications of this Agreement. The Company reserves the right, at its sole discretion, to modify or replace any of the terms of this Agreement, or change, suspend, or discontinue the Licensed Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the sportsfollower.com website, the App Store, the Google Play store, or by sending You notice through the Licensed Application. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Licensed Application without notice or liability. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Licensed Application following the posting of any changes to this Agreement constitutes acceptance of those changes.