BLEACHR TERMS AND CONDITIONS OF SERVICE
THESE TERMS AND CONDITIONS OF SERVICE ("AGREEMENT") GOVERN YOUR ACCESS AND USE OF ANY WEBSITE OR MOBILE APPLICATION (COLLECTIVELY THE “SERVICES”) THAT INCLUDES, ATTACHES, REFERENCES, OR LINKS TO THIS AGREEMENT, WHICH IS PROVIDED OR POWERED BY BLEACHR, AS WELL AS ANY VIDEOS, AUDIO, TEXT, GRAPHICS, PHOTOS OR OTHER INFORMATION OR MATERIALS UPLOADED, DOWNLOADED, OR OTHERWISE TRANSMITTED FROM WHATEVER SOURCE INCLUDING WITHOUT LIMITATION OTHER USERS (COLLECTIVELY “CONTENT”) USING THE BLEACHR SERVICES. BY CLICKING “I ACCEPT” OR OTHER SIMILAR BUTTON, ACCESSING, USING, OR DOWNLOADING A BLEACHR, OR POWERED BY BLEACHR, MOBILE APPLICATION OR ACCESSING A BLEACHR, OR POWERED BY BLEACHR, WEBSITE, WHICHEVER IS APPLICABLE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT IS SUBJECT TO CHANGE BY BLEACHR AT ANY TIME IN ITS DISCRETION. YOUR USE OF THE SERVICES AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THIS AGREEMENT REGULARLY.
CERTAIN PORTIONS OF THE SERVICES SUCH AS PROMOTIONS AND CONTESTS MAY BE SUBJECT TO ADDITIONAL RULES, TERMS, AND CONDITIONS BEYOND THOSE LISTED IN THIS AGREEMENT.
BLEACHR SERVICES ARE NOT DIRECTED TO PERSONS UNDER 13 AND MAY NOT BE USED BY PERSONS UNDER 13. IF YOU ARE UNDER 13, BLEACHR DOES NOT AUTHORIZE YOUR USE OF ITS SERVICES.
All User Content (as defined herein) is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials transmitted via the Services or obtained by you through the Services is at your own risk.
Bleachr does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications transmitted via the Services or endorse any opinions expressed via the Services. Under no circumstances will Bleachr be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content transmitted or otherwise made available via the Services or reproduced or displayed elsewhere.
1. ACCESS TO THE SERVICES
To access the Services or some of the resources it has to offer, you may be asked to provide certain registration details or other information and may be given the option to use Facebook to log into and use some or all of the Services. It is a condition of your use of the Services that all the information you provide to Bleachr or its team and tournament partners, including all Facebook account information used to log in or access the Services, will be correct, current, and complete. Bleachr, or any of its team and tournament partners, has the right to refuse you access to the Services or any of its resources, and to terminate or suspend your access at any time including without limitation if Bleachr or its team and tournament partners believe the information you provide is not correct, current, or complete.
2. RESTRICTIONS ON USE OF THE SERVICES
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. You should keep in mind that the Content you post using the Services may be copied, reposted, distributed, and displayed by Bleachr and third parties that Bleachr shares User Content with, including without limitation sports team and tournaments and advertising sponsors. You should only provide Content that you are comfortable sharing with others.
You may use the Services only in compliance with this Agreement and all applicable local, state, provincial, national, and international laws, rules and regulations.
The Services may include advertisements, which may be targeted to the Content you provide to Bleachr or its team and tournament partners, Content provided by other Services users, or other information. You agree that Bleachr and third party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether created by Bleachr, its team and tournament partners, or submitted by you or others in postings or otherwise.
You may use the Services for purposes expressly permitted by Bleachr and Bleachr is intended for your personal use. You may not use the Services for any other purpose without Bleachr’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Bleachr, or a powered by Bleachr, website or mobile application, (ii) frame the Bleachr, or a powered by Bleachr, website or mobile application, (iii) deep hyper-link to subpages on the Bleachr, or a powered by Bleachr, website, (iv) use spiders, scripts, bots, scrapers, crawlers, or other manual or automated tools to index, download, or gather information from the Services or take screen shots or otherwise capture the Content, without the express prior written permission of an authorized representative of Bleachr, (v) access, create, send, receive, or view postings created, received, or sent using the Services except by and through the Bleachr, or a powered by Bleachr, mobile application or through such other means as Bleachr expressly authorizes in writing; (vi) probe, scan, or test the vulnerability of any Bleachr, or powered by Bleachr, system or network or breach or circumvent any security or authentication measures; (vii) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (viii) use the Services in a commercial setting without obtaining a commercial license from Bleachr; (viiii) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including e-mail addresses, without the express consent of such users; (x) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services; or (xi) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Bleachr, or a powered by Bleachr, website or mobile application or Content accessible within the Bleachr website or mobile application. You agree to cooperate with Bleachr in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
In addition to the foregoing, Bleachr, and its team and tournament partners, reserve the right, but do not have the obligation, to block, delete, or otherwise not allow the posting of User Content or to terminate, remove, or ban users of the Services for any or no reason in its sole discretion, including without limitation in response to violations of the following non-exhaustive set of rules (these rules are subject to change without warning at Bleachr’s discretion):
SPAM IS NOT ALLOWED
Spamming is commonly defined as sending unsolicited messages or commercial electronic messages or posting through the Services without the consent of the recipient, including for annoying or otherwise unwanted purposes such as unsolicited commercial purposes, fraud, harassment, or impersonal bulk communications. Spamming is not allowed. You may not use the Services for advertising or encouraging participation in any commercial endeavor (e.g., offering for sale products or services, soliciting funds, sponsorship, or advertisement) or otherwise engaging in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners or links, and/or soliciting goods or services) except as may be specifically authorized by Bleachr and in compliance with all applicable federal and provincial privacy and anti-spam laws.
Trolling, the posting of User Content that is deliberately designed for the purpose of angering or insulting others using the Services, or to distract from or derail conversations, may be blocked, banned, or removed by Bleachr in its discretion.
NO CONTENT REGARDING OR CONTAINING ILLEGAL ACTIVITY
User Content that is illegal under any applicable law or regulation may not be posted using the Services.
USERS ARE NOT PERMITTED TO IMPERSONATE OTHERS
Attempting to pose as another individual or entity, including without limitation Bleachr, its team and tournament partners or their respective employees, will not be tolerated and shall result in the deletion of that user account. Bleachr also does not allow postings intended to deceive, confuse, or otherwise mislead others.
NO VULGAR CONTENT OR CONTENT THAT VIOLATES THE RIGHTS OF OTHERS
You may not use the Services to send Content that is vulgar, obscene, pornographic, or indecent or that violates the rights of a third party, including without limitation copyright, trademark, trade secret, patent, privacy, or publicity or privacy rights.
You also may not use the Services to send Content that bullies, threatens others, slanders or defames, or is harassing or abusive of others or otherwise hateful, racially, ethnically or otherwise objectionable.
DISCLOSURE OF INFORMATION FOR LEGAL PURPOSES
We and our team and tournament partners reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Bleachr, its team and tournament partners, its users and the public.
3. PROPRIETARY INFORMATION INCLUDING USER AND BLEACHR CONTENT
All right, title, and interest in and to the Services belongs to Bleachr and its licensors. The Services are protected by copyright, trademark, trade secret and/or patent rights in addition to contractual rights and obligations under the laws of the United States, Canada and/or other jurisdictions. Except for Content submitted by you and other users through the Bleachr, or a powered by Bleachr, mobile application (“User Content”), the material and content accessible from the Bleachr, or powered by Bleachr, website and mobile application, and any other World Wide Web website or mobile application owned, operated, licensed, or controlled by Bleachr (the “Bleachr Content”) is the proprietary information of Bleachr or the party that provided the Content to Bleachr, and Bleachr or the party that provided the Content to Bleachr retains all right, title, and interest in the Bleachr Content. Accordingly, the Bleachr Content may not be copied, distributed, republished, uploaded, posted, displayed, used or transmitted in any way without the prior written consent of Bleachr. You may not remove or alter, or cause to be removed or altered, any copyright, patent, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Bleachr Content. Modification or use of the Bleachr Content except as expressly provided in this Agreement violates Bleachr’s contractual and intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Services or its Bleachr Content.
The individual user retains ownership of any User Content they submit or send on or through the Services. By submitting or sending User Content on or through the Services, you grant Bleachr a worldwide, perpetual, irrevocable, non-exclusive, assignable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify and create derivative works of, publish, transmit, display and distribute your User Content in any and all media or distribution methods (now known or later developed), including without limitation on stadium scoreboards. You further agree that this license includes the right for Bleachr to provide, promote, and improve the Services. Such uses by Bleachr, or other companies, organizations or individuals who partner with Bleachr, may be made with no compensation paid to you with respect to the User Content that you submit, transmit, or otherwise make available through the Services.
We and our sublicensees may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media. You agree that you shall not assert any moral rights against Bleachr or its sublicensees relating to any User Content.
Subject to applicable laws, to the extent contained in or related to User Content you submit or send by or through the Services and your use of the Services, you furthermore grant to Bleachr worldwide, perpetual, irrevocable, non-exclusive, assignable, royalty-free license (with the right to sublicense) and unrestricted right and permission to take, use, reproduce, display, perform, copyright, and publish photos, videos, audio (including without limitation your voice), and the likeness of you, including without limitation my name, pseudonym, or other personal identifier, in whole or in part, modified in any way, and without restriction as to form, format, or other materials that may be included or omitted, for any purpose, whether known, unknown, now in existence, or later developed, and without editorial or approval rights reserved by me. EXCEPT WHERE PROHIBITED BY LAW, YOU RELEASE AND DISCHARGE BLEACHR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND ITS SUBLICENSEES FROM ANY AND ALL CLAIMS AND DEMANDS THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE PHOTOGRAPHS, VIDEOS, LIKENESS OR AUDIO OF YOU, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS FOR PAYMENT, LIBEL, DEFAMATION, OR VIOLATION OF ANY RIGHT OF PUBLICITY.
You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party licensees.
EXCEPT WHERE PROHIBITED BY LAW, Bleachr will not be responsible or liable for any use of your User Content by Bleachr or its licensees.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit or send using the Services and that such User Content does not and will not through any use, coping, reproduction, processing, adaption, modification and creation of derivative works, publication, transmission, display, distribution and sublicense to third parties for the same infringe the intellectual property, publicity, privacy, or other rights of third parties.
4. COPYRIGHT POLICY
Bleachr respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law, and in particular the Digital Millennium Copyright Act, and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 you are authorized to act on behalf of the copyright owner.
We reserve the right to remove, block, and prohibit from transmission Content alleged to be infringing without prior notice and at our sole discretion. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Bleachr LLC, , Attn: Kristin Geer, CEO
250 Park Ave, First Floor
6. HYPER-LINKS AND ADVERTISING
The Bleachr Services may be hyper-linked or otherwise connected to other websites, apps or advertising which are not maintained by, or related to, Bleachr. All such connections to such websites, apps, and advertisements are provided as a service to users and are not sponsored by or affiliated with the Services or Bleachr. Bleachr has not reviewed any or all of such websites, apps, or advertisements and is not responsible for the content of those websites, apps, or advertisements. Connected content is to be accessed at the user's own risk, and Bleachr makes no representations or warranties about the content, completeness, or accuracy of the connected content or the websites, apps, or advertisements connected to its Services. Further, the inclusion of any connection to a third-party website, app, or advertisement does not necessarily imply endorsement by Bleachr of that website, app, or advertisement.
You hereby grant to Bleachr the royalty-free, perpetual, irrevocable, worldwide, non-exclusive, assignable right and license (including the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all remarks, suggestions, feedback, or other information communicated to Bleachr regarding its Services (together, but excluding User Content, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Bleachr will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Bleachr operations.
You understand that Bleachr cannot and does not guarantee or warrant that the Services or Content will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Services for the blocking of harmful data or the reconstruction of any lost data. Bleachr does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by any source. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using the Services is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
EXCEPT WHERE PROHIBITED BY LAW, YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND CONTENT, REGARDLESS OF ITS SOURCE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BLEACHR DISCLAIMS ALL WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BLEACHR DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKES THE SERVICES AND CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLEACHR DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OR SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BLEACHR MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BLEACHR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR ITS CONTENT. BLEACHR MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICES OR CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SERVICES OR CONTENT.
All of the information related to the Services, whether historical in nature or forward-looking, speaks only as of the date the information is posted, and Bleachr does not undertake any obligation to update such information after it is posted or to remove such information from the Services if it is not, or is no longer, accurate or complete.
9. LIMITATION ON LIABILITY
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CONDITIONS OR THE LIMITATION OF LIABILITY IN CONTRACTS, AND AS A RESULT THE CONTENTS OF THIS SECTION AND THE DISCLAIMER SECTION MAY NOT APPLY TO YOU.
BLEACHR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, TEAM AND TOURNAMENT PARTNERS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES (INCLUDING IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES), EVEN IF BLEACHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BLEACHR AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO BLEACHR FOR THE APPLICABLE CONTENT OR SERVICES OUT OF WHICH LIABILITY AROSE OR THE MINIMUM AMOUNT ALLOWED BY LAW, WHICHEVER IS GREATER.
You will indemnify and hold Bleachr, its subsidiaries, affiliates, licensors, licensees, team and tournament partners, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you (or anyone acting under your user account), including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, legal and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Services or Content accessed through the Services.
Trademarks, service marks, and logos appearing in relation to the Services are the property of Bleachr or the party that provided the trademarks, service marks, and logos to Bleachr. Bleachr and any party that provided trademarks, service marks, and logos to Bleachr retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in relation to the Services.
12. INFORMATION YOU PROVIDE
Bleachr reserves the right to monitor use of the Services to determine compliance with this Agreement, as well the right to remove or refuse any information you provide for any reason.
EXCEPT WHERE PROHIBITED BY LAW, you acknowledge and agree that neither Bleachr nor any third party that provides Content to Bleachr will assume or have any liability for any action or inaction by Bleachr or such third party with respect to any materials provided to, transmitted by, or otherwise in relation to the Services.
To access certain portions of the Services, you may be asked to complete an online or in-app registration form. In consideration for your use of the Services, you agree to provide true, current, complete and accurate information as requested on any registration form to which the Services may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Any passwords or other login methods or credentials used for the Services are for your individual use only. You will be solely responsible for the security of your password and other login credentials, and for any and all activity that occurs on the Services under such password or username. You agree to immediately notify Bleachr of any unauthorized use of your password or username or any other breach of security.
Bleachr and its team and tournament partners will be entitled to monitor your password and login credentials and, at its discretion, require you to change them. If you use a password or login credential, including without limitation Facebook login, that Bleachr or its team and tournament partners consider insecure, Bleachr and its team and tournament partners will be entitled to require the password or other login credentials to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Bleachr and its team and tournament partners reserve the right to release your details to system administrators at other third parties in order to assist them in resolving security incidents. Bleachr and its team and tournament partners reserve the right to investigate suspected violations of this Agreement.
Bleachr reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Bleachr to disclose the identity of anyone using the Services. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BLEACHR AND ITS TEAM AND TOURNAMENT PARTNERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BLEACHR OR ITS TEAM AND TOURNAMENT PARTNERS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BLEACHR, ITS TEAM AND TOURNAMENT PARTNERS, OR LAW ENFORCEMENT AUTHORITIES.
14. LOCATION SERVICES
The Services may use location tracking to identify the location of your mobile device or your point of access for the Services. Location tracking is an integral part of certain of the Services and if you do not allow such tracking, the Services may be in whole or in part unavailable to you.
15. NO MONETARY VALUE FOR POINTS SYSTEM
Through your use of the Services you may accumulate points or other similar credits through any means Bleachr allows. All such points or other similar credits are of no monetary value and you have no property rights in such points or other similar credits. Subject to applicable law, Bleachr or its team and tournament partners may award, diminish, or eliminate such points or other similar credits in its discretion without notice or compensation to you, and all such points or other such credits may expire or otherwise be eliminated as Bleachr or its team and tournament partners sees fit in its discretion. You may not violate this Agreement, any rules provided in relation to the accumulation or awarding of points or other similar credits, or use any automated method for accumulating point or other similar credits. All points or similar credits must be acquired by you personally or as otherwise expressly allowed in writing by Bleachr and may not be harvested, farmed, or otherwise acquired by others on your behalf.
16. PURCHASE OF GOODS AND SERVICES
From time to time the Services may present you with an opportunity to purchase various goods or services. All pricing, product information, payment, warranties, return policies, complaints, and other issues related to the purchasing of goods and services and the goods and services themselves must be directed at the entities processing those payments and providing those goods or services, including without limitation team and tournament partners, if applicable. Bleachr does not itself process payment information or provide any such goods or services, and the terms and conditions related to the same are provided by, and the responsibility of, the respective parties providing such processing, goods, and services, in addition to this Agreement, which pertains to the Services. The Services attempt to display as accurately any products, but the colors you actually see may depend on many factors, including without limitation your device and its settings, and to the extent such images are even within the control of Bleachr, we disclaim any warranties except where prohibited by applicable law and cannot otherwise guarantee that the color you see matches the color of the goods. You should carefully review all such terms and conditions presented by such parties and all inquiries and complaints should be directed towards those parties. All taxes related to your purchase of goods and services are strictly your responsibility to remit to the proper taxing authority unless otherwise indicated by the relevant third party processing your payment or providing such goods and services, and in any event are not the responsibility of Bleachr.
17. CONFORMANCE WITH THIRD PARTY APPLICATION STORE REQUIREMENTS.
This Agreement is between you and Bleachr, not any other entity such as without limitation Google, Inc., Apple, Inc., or Amazon.com, Inc., or any other third party through which you obtain the Services (collectively and individually “Third Party App Stores”), and in no event shall any Third Party App Store be obligated to provide maintenance or support of the Services, provide any warranty granted in this Agreement, or provide any indemnity for intellectual property violations of the Services. You are bound by any applicable terms set forth in relation to any such Third Party App Stores. In the event of any failure of the Services to comply with any warranty as set forth herein, where that Service was purchased through Apple, Inc., you may contact Apple, Inc. for a refund of the purchase price paid through Apple, Inc. You must contact Bleachr and not any Third Party App Stores, regarding any product liability claims, claims that the Services fail to conform to any applicable legal or regulatory requirement, or any claims arising under any consumer protection or similar legislation. Third Party App Stores and their subsidiaries shall be third party beneficiaries to this Agreement and shall have the right to enforce this Agreement against you.
It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
EXCEPT WHERE PROHIBITED BY LAW, this Agreement will be governed and interpreted pursuant to the laws of Minnesota, United States of America, notwithstanding any principles of conflicts of law and, in such circumstances, you specifically consent to personal jurisdiction in Minnesota in connection with any dispute between you and Bleachr arising out of this Agreement or pertaining to the subject matter hereof. EXCEPT WHERE PROHIBITED BY LAW, the parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement or pertaining to the subject matter of this Agreement will be in the state and federal courts in Hennepin County, Minnesota.
Last Revised: July 2019
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