ShotStat.com/NCISAA Custom Team Page Services Agreement
ShotStat.com, LLC is willing to license its Web Services (as defined below) to you only on the condition that you accept all of the Terms and Conditions in this License Agreement (the "Agreement") and indicate your acceptance by completing your order. By completing your order, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its Terms and Conditions. If you do not agree to these terms, do not subscribe to or use the Web Services. Important: by subscribing to and using the Web Services, you are agreeing to accept the terms of this Agreement as if you had signed it.
"Web Services" shall mean the tools, toolkit, and all other applications contained within the ShotStat.com website to which you have subscribed, including the display of tournament information such as tournament player's names, scores and statistical information, all updates and/or patches thereto, any accompanying documentation, all on-line components, and all password restricted access to the ShotStat.com Tour Administration Support Website.
1. Grant of License. By completing the enrollment process to become a subscriber to the Web Services and in consideration of your payment of the license fee, which is the price you paid for your subscription, ShotStat.com's Web Services are licensed to you, not sold, and the use of the Web Services is subject to the terms and restrictions set forth in this Agreement. ShotStat.com grants to you a limited, personal, nonexclusive, nontransferable and nonassignable license to use the Web Services in the manner described both in this License and in the Web Services.
2. Billing Information. You agree to provide ShotStat.com with accurate, current and complete "Billing Information," for your registration as a subscriber of the Web Services or at any time thereafter, and to maintain and to update this information as required to keep it accurate, current and complete. "Billing Information" shall include legal name, address, telephone number, email address and credit card/billing information. Providing incorrect or incomplete information may result in termination of your subscription.
3. Confidentiality. ShotStat.com, its employees, agents, and/or representatives will not at anytime or in any manner, either directly or indirectly, divulge, disclose, any financial payment or personal information, including contact information that is proprietary to you.
4. Single-Use Subscription. Your subscription to the Web Services is a single-website subscription.
5. Posting Website Content. You are allowed to upload photos and content to your website. You shall be responsible for, and assume all liability associated with, any content posted through your subscriber account, including but not limited to liability claims of infringement of intellectual property rights and defamation. You shall not post, transmit through, or otherwise make available on your ShotStat Custom Website any material which: violates or infringes in any way upon the rights of others, is obscene, unlawful, abusive, vulgar, defamatory, profane, sexually explicit, racist, hateful, threatening or otherwise objectionable or which encourages conducts that would constitute a criminal offense, cause civil liability or otherwise violate any law. You will not post any copyrighted material without the express written consent of the owner.
6. Marketing. SHOTSTAT.COM WILL NOT SELL OR SHARE YOUR TEAM PLAYER'S CONTACT INFORMATION.
7. Requested Information. You expressly permit and authorize ShotStat.com to furnish you, electronically when you use the Web Services or by any other means selected by ShotStat.com, information prepared by ShotStat.com including Subscriber Alerts, Subscriber Information and ShotStat.com advertising information and solicitations. You acknowledge that any such information, advertisements and solicitations are an inseparable part of the Web Services, and you understand and agree that the furnishing of such information, advertisements and solicitations to you cannot be terminated unless the Web Services are also terminated. All such advertisements and solicitations will be understood to be "requested" by you through the act of using the Web Services, and each time you use your subscription reaffirms such request. ShotStat.com's policies relating to privacy and the collection and use of subscriber information are set forth in the Privacy Statement, which forms an integral part of this Agreement.
8. Reaffirmation of Agreement. Each time you use the Web Services, you expressly reaffirm your acceptance of the then-current Agreement. If you do not wish to be bound by this Agreement, you may discontinue using the Web Services and immediately terminate your subscription as set forth below.
9. Term. Your subscription will continue in effect on a annual basis pursuant to your timely payment of your monthly subscription fee. ShotStat.com reserves the right to change the price of the Web Services upon 180 days notice. From time to time, ShotStat.com may offer certain promotions or packages with activation fees and monthly subscription fees that may differ from those to which you subscribed. There will be no right for an existing user to request application of any such promotions or packages to the user's terms of subscription.
10. Maintenance and Modification of Services. ShotStat.com shall have the right to change or add to the terms of this Agreement at any time, and to change, alter, modify, discontinue or impose conditions on any aspect or feature of the Web Services at any time, for any reason, without providing notice of such modification, without liability and in ShotStat.com's sole discretion. Your continued use of the Web Services will indicate your agreement to any such changes.
11. Copyrights. Unless otherwise noted, all materials in the Web Services are Copyright ShotStat.com, LLC. All rights are reserved. Third-party modules and any applicable copyrights are owned by the party supplying the module and nothing in this Agreement or in the Web Services is intended or shall be interpreted as an attempt to infringe upon those copyrights.
12. Copy, Use and Transfer Restrictions. ShotStat.com owns the title, copyright, and other intellectual property rights in all of the Web Services. You may not delete the copyright notices or any other proprietary legends on the original copy of the Web Services. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Web Services. You may not copy, rent, lend, lease, sublicense, distribute, or otherwise commercially exploit the Web Services.
13. No Warranty. The materials in the Web Services are licensed "as is." ShotStat.com makes no warranties, whether express or implied, regarding the Web Services or as to their
performance, merchantability or to the results that may be obtained by using the Web Services. ShotStat.com does not guarantee the fitness of the Web Services for a particular purpose.
14. Assignment. Neither this Agreement nor any copyrighted or licensed material provided for herein may be assigned or transferred in whole or in part, in any manner, without the prior written consent of ShotStat.com.
15. Jurisdiction. This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of Georgia without regard to conflict of law provisions. Fulton County, Georgia shall be the sole location for venue or any action brought under this Agreement. Any disputes, controversies or claims arising out of or relative to this Agreement which fail to come to settlement by good faith negotiation of the parties within three (3) months shall be submitted to binding arbitration in Atlanta, Georgia in accordance with the Rules of the American Arbitration Association. The arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
16. Limitation of Liability and Damages. Understanding the limitations of the Web Services as set forth herein, to the maximum extent permitted by applicable law, under no circumstances (including negligence, fundamental breach, breach of contract, breach of warranty, tort or any other reason) shall ShotStat.com be liable for any direct, indirect, incidental, special or consequential damages or losses (including but not limited to damages for loss of business, loss of profits and the like) in connection with the Web Services, including those that result from the use of or inability to use the Web Services or that result from mistakes, omissions, interruptions, deletion of files, defects, viruses, delays in operation or transmission or any failure of performance, even if ShotStat.com has been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
In all situations, ShotStat.com's entire liability and your exclusive remedy for all damages, losses and causes of action (whether in contract, tort or otherwise) with respect to the Web Services will be the total amount of subscription fees paid by you during the current subscription month. In jurisdictions that restrict limitation of liability provisions, ShotStat.com's liability will be limited to the greatest extent permitted by law. This limitation will apply regardless of the failure of the essential purpose of any limited remedy. The terms of this section will survive any termination of the Agreement.
17. Indemnification. You agree to indemnify and hold harmless ShotStat.com and its officers, directors, employees and agents against any liability, damages or other expenses (including attorneys' fees and costs) arising from your use of the Web Services (including, without limitation, your dissemination of any information on the Web Services).
18. Termination. At its sole discretion, ShotStat.com may terminate your access to the Web Services and your subscription at any time, for cause or for no cause, with or without written (including electronic) notice. Upon termination, you will have no right to continue to use the Web Services or access any stored content on the Web Services. You acknowledge that if an account on the Web Services is terminated (or if you delete your account from ShotStat.com's central computers), any stored information may be deleted from the Web Services. If your subscription is terminated, your billing will also terminate, but you will not be entitled a refund of any subscription fees previously paid.
Should your subscription be terminated, ShotStat.com will deliver a copy your Tour Member user information and tournament scores to you in a "Delimited Text" file. Any custom website content that you provided or posted will be delivered in an .html file. Files will be delivered electronically within seven (7) days of your cancellation. ShotStat.com shall retain the right to continue displaying player information including but not limited to, the player's name, round scores and statistical data.
19. Your Ability to Cancel Your Subscription. You may cancel your subscription and billing at any time by contacting ShotStat.com at 800.296.4436 (as of the date of this Agreement) or by using such other means as ShotStat.com may make available from time to time, provided that you will remain liable for any fees to which you have committed at the time of registration. If you are dissatisfied with this Agreement or any terms, policies, or practices of ShotStat.com in operating the Web Services, any content available through ShotStat.com, or any change to any of the foregoing, your sole recourse is to cancel your subscription. Simply discontinuing use of the Web Services will not cancel billing for your service. If your subscription is terminated, your billing will also terminate, but you will not be entitled a refund of any subscription fees previously paid.
Should you cancel your subscription, ShotStat.com will deliver a copy your Tour Member user information and tournament scores to you in a "Delimited Text" file. Any custom website content that you provided or posted will be delivered in an .html file. Files will be delivered electronically within seven (7) days of your cancellation. ShotStat.com shall retain the right to continue displaying player information including but not limited to, the player's name, round scores and statistical data.
20. Entire Agreement. By using the Web Services, you agree that this Agreement is the complete and exclusive statement of the agreement and Agreement between you and ShotStat.com regarding the Web Services. However, this Agreement does not limit any rights that ShotStat.com may have under trade secret, copyright, patent, trademark or other laws. If any provision of this Agreement is found to be invalid or unenforceable under applicable law, any remaining provisions will continue in full force and effect. Any delay or failure on the part of ShotStat.com to exercise any of its rights under the agreement or under law or to insist upon your strict compliance with any provision of this Agreement, shall not be construed as a waiver of ShotStat.com's rights or remedies.