Terms of Service
1. SERVICES AGREEMENT
RiseGame, LLC. (“RiseGame,” “us”, “our”, or “we”). As proponents of youth sports, we aim to be the best place to experience youth sports moments through our proprietary organized sports services through our technology-enabled platforms, websites (e.g., http://www.risegame.com), mobile applications (i.e., “App”) and related online and offline services (collectively, the “Services”), which provide electronic content, functionality, features and applications (collectively, “Materials”) to our users (“Users” or “you”).
Please read our Terms of Use, Privacy Policy, and any other any other terms, policies, rules or guidelines that we post in connection with the Services (collectively, the “Terms”) before using the Services. By using the Services or registering an Account (described below), you represent and warrant that (i) you are of legal age to form a binding contract with us, (ii) meet any eligibility requirements herein, and (iii) agree to be bound and abide by our Terms. If you use the Services or register an Account on behalf of an Organization, “you” as used throughout the Terms also includes the Organization, and you represent and warrant that you can and do agree to these Terms on behalf of that Organization. As used herein, “Organization” means any national, state or local sports governing body, league, club, team, or other organization or entity including without limitation those who host and/or conduct games, tournaments or other events. If you have entered into a separate contract executed by an authorized representative of RiseGame, LLC, that contract will control to the extent it conflicts with the Terms.
PLEASE SEE SECTIONS 10-11 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, AND NOTE THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER. THESE PROVISIONS INCLUDE EACH PARTY’S WAIVER OF THE RIGHT TO A JURY TRIAL.
If you do not agree to the Terms, or if you violate them in any way, your right to access or use the Services is terminated. We reserve the right, in our sole discretion, to modify, alter or otherwise update our Terms from time-to-time in our discretion by posting an updated version through the Services, and by re-accepting the Terms or using the Services afterwards, you agree to such updates.
2. RISEGAME SERVICES, TEAMS AND USERS
2.1 Our Service
Our Services can be used for various purposes, including among other things to organize and manage a sports team (a “Team”), maintain a roster of athletes participating in sports activities (each, a “Player”) along with associated information about Players and Teams, such as their performance at sporting events, games, activities or other events (the “Events”) and record media content. By using the Services, our Users can use available features and functionality such as (i) scorekeeping, (ii) live stream or replay Events; (iii) watch, modify or share video clips and other content; (iii) engage with other Users such as family, friends and fans; (iv) connect with each other through in-app messaging and alerts, forums or other provided features; and (v) other features and functionality that may be made available through the Services.
Users can post, publish, store, display, stream, modify, transmit and/or share with other Users or persons (collectively, “post”) information or data about specific Players (“Player Data”) as well as pictures, audio, video and other content including without limitation concerning Players, Teams and Events and any other User posted information or data (“Media Content”) (Player Data and Media Content are collectively referred to as “User Content”).
In the course of providing the Services, we also receive information about Users themselves, such as Account data and other Services-related information associated with a particular User as described below and in our Privacy Policy (“User Data”). Our Services may also use information we receive from our legal affiliates, or information and content received from third parties and licensed to us, such as sports, media, and any other businesses we partner with.
2.2. Our Users
Our Services are organized around a few types of Users:
“Registered User” refers to a User who provides certain information (name, email address and password) to create a RiseGame account (“Account”) and access certain password-protected portions of the Services, such as User Content restricted to Registered Users associated with a particular Team;
“Coach” is a Registered User who manages or instructs Players, whether on field or off and has access to Player or Team-related User Content;
“Team Admin” is a Registered User who is an Organization, league official coach or other Team manager or designee with administrator access to manage one or more Team(s) and Team-related User Content; and
“Guest” refers to a User who accesses only portions of our Services that do not require any Account or other login (e.g., our public-facing website).
2.3 How We Handle Personal Information
Any personal information collected by us in regard to Users, Players and any other individual in connection with the Services (including both User Data and Player Data) will be maintained in accordance with these terms and our posted Privacy Policy. As a general matter, however, Team Admins or Coaches are responsible for their Player Data.
3. YOUR RESPONSIBILITIES
3.1. All Users
You represent, warrant, covenant and agree with respect to any User Content posted by you or on your behalf through the Services that: (i) it does and will comply with the Terms and all applicable laws, including with respect to its access and use by other Users and RiseGame in accordance with the Terms and as enabled by the Services; (ii) you own all legal rights to the User Content or otherwise have the right to grant the rights and licenses set forth in the Terms; (iii) you will pay for all royalties, fees, and any other monies owed as a result of User Content you post using the Services; (iv) you are fully responsibility for the User Content, including its legality, reliability, accuracy and appropriateness; (v) we are not responsible or liable to any third party for the content or accuracy of your User Content; and (vi) it may be used, modified and disclosed by RiseGame or any person subject to these Terms.
With regard to any content you post through the Services, such as personal information, User Content or User Data, you represent, warrant and covenant to us that you have received any legally required consents from relevant individuals or entities, and will not stream or otherwise post anything associated with an individual or entity who has lawfully objected to such posting.
If you post any User Content relating to a minor under the age of 16 (a “Minor”) including without limitation Player Data and video recordings (collectively, “Minor Data”), you represent, warrant and covenant that either (i) you are the parent or guardian of such Minor and consent to the use of such Minor Data by us and the Services consistent with the Terms, or (ii) you have obtained verifiable consent from a parent or guardian of such Minor accordingly, and will provide proof of such consent to us upon request. In the event the parent or guardian of a Minor withdraws consent, (y) you will cause the Team Admin or Coach to promptly remove the Minor Data from the Services, and/or (z) if they or the relevant Team Admin or Coach notifies us we will endeavour to remove the Minor Data from the Services. If we discover that Minor Data was posted to the Services without any legally-required consent, we will endeavour to remove the Minor Data from the Services.
You are solely responsible for your interaction with other Users, whether online or offline. You agree that we are not responsible or liable for the conduct of any User. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other Users. You agree to exercise common sense, your best judgment, and respect when interacting with others, including without limitation when you submit or post User Content or User Data. We may remove any User Content or User Data for any reason in our sole discretion, which may include but is not limited to perceived violations of our Terms, applicable laws, or concerns about safety, security, privacy, intellectual property or maintaining a suitable environment for our Users.
We are not responsible for the activities of Team Admins, or Coaches or Organizations, or how they choose to use the Services. This includes their administration of Teams and Players (e.g., coaching decisions, team selections, Organization refund policies, Organization terms, etc.), or their collection and posting of Player Data. An Organization’s use of the Services does not constitute or imply our approval or endorsement of the Organization or their activities. Any questions and issues with a Team Admin’s, Coach’s or Organization’s Team policies and practices in connection with the Services should be directed to them.
You are responsible for any costs associated with internet, communication, devices or other equipment you use in connection with the Services. Use of the Services may impact your cellular data usage or other data plan.
3.2 Registered Users
This paragraph applies if you are a Registered User. You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license, assign, or provide any other person or entity your Account, username, or any Account rights. With the exception of individuals that are expressly authorized to create accounts on behalf of their Organization, we prohibit the creation of and you agree that you will not create an Account for anyone other than yourself. All information you provide upon registering an Account, during a purchase and at all other times must be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth, accuracy, currency and completeness. You are responsible for keeping any password used with the Services confidential and secure, and may not share it with a third party service so they can access your Account. We may assume that anyone who logs into an Account with the correct credentials is the User associated with that Account in our records and will grant access to features, information and content accordingly. You may not use a different person’s Account without our express written permission.
3.3. Team Admins, Coaches and Organizations
This paragraph applies if you are a Team Admin, Coaches and/or Organization. You are responsible for any activities associated with the Team(s) that you manage, including without limitation, with respect to Player Data and other User Content. You must resolve any lawful (i) complaints, objections or legal claims, or (ii) exercise of privacy rights under applicable laws, in each case of (i) and (ii) that are communicated to you by Players, Users or third parties (or by us on their behalf) with respect to Player Data and User Content that you manage in connection with the Services.
3.4 Prohibited Activities
You agree that the Services will be used solely for the purposes and functions permitted under the Terms, and may not: (a) decompile, reverse engineer, disassemble, modify, reduce to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or retrieve or record information about the Services or its Users except as we expressly permit; (d) merge the Services or Materials with another program or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in violation of any applicable laws or regulations in your specific country or state; (h) otherwise act in a fraudulent, illegal, misleading, malicious or negligent manner when using the Services; (i) post violent, defamatory, libelous, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including without limitation any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, or intimidating people or entities; (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including without limitation, advertising or promotional material, without our prior written consent, including without limitation, any “junk mail,” “chain letter,” “spam,” “pyramid schemes,” or any other similar solicitation; (k) access or use the Services by means of any automated program, expert system, electronic agent or bot; (l) give any other person or entity unauthorized access to the Services; (m) engage, or enable another person or entity to engage, in any scraping, copying, republishing, licensing, or selling the data or information on the Services for commercial purposes; or (n) otherwise violate the rights of a third party. In response to any actual or suspected violations of the foregoing we may suspend or terminate your access to the Services, pursue legal action, and/or report the violation to law enforcement.
4. PAID SERVICES
4.1. Fees, Taxes and Subscriptions
If you elect to use fee-based portions of the Services, you may be required to pay a fee (“Fee”) on a subscription basis (“Subscription”) or a one-time purchase for certain access rights, posting privileges or other features of the Services, which may be subject to a specific limitation (e.g., quantity of Players, Teams or data) and/or timeframe (e.g., 1 year). All paid Services are offered on demand starting from the date of purchase (or as soon as the Fee is processed thereafter) for a specified timeframe. The timeframe for any purchased Services shall expire one (1) year from purchase unless another timeframe is specified. Any purchase of equipment will be subject to the terms provided at the time of purchase.
All amounts are in U.S. Dollars. You can manage your subscription renewals through the service you used to sign up (such as an app store), and you can access your payment history in your Account, through the service you used to sign up, or by contacting us. We may revise the Fees for our Services at any time, or impose additional fees or charges, in which case we will notify you by posting the change to our Services or by email. Fee changes will be effective as of the next billing cycle. If you opt-in to a Subscription or other Fee-based Services, you (i) agree to pay us the applicable Fees in accordance with these Terms, (ii) authorize us, through our payment processor, to charge you via your provided payment method for the Fees, and (iii) agree to such payment(s). All Fees are exclusive of any applicable taxes, duties, levies, tariffs, and other governmental charges for use of the Services (collectively, “Taxes”), other than taxes based on our income, and you are responsible for paying all Taxes.
Subscription Fees are automatically charged on a specified recurring basis (e.g., monthly). Unless you cancel or change your Subscription(s) in accordance with the Terms, your Subscription(s) will be automatically extended for successive renewal periods of the same duration as the Subscription(s) originally selected (e.g., annually), at the then-posted Fees. YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) FOR ANY SUBSCRIPTION YOU OPT INTO WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL WE RECEIVE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE CAN REASONABLY ACT. YOU CAN TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD THROUGH THE SERVICES OR BY CONTACTING US. This does not waive our right to seek payment directly from you.
You must provide current, complete, and accurate information for billing details, such as billing address, credit card number and credit card expiration date. You must promptly notify us if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a security issue.
4.2. Cancellations, Refunds and Returns
You may cancel a recurring subscription at any time by emailing info@risegame.com, requesting such cancellation and providing the name and email address associated with your Account. Some cancellations may require you to contact the third party app store where you registered for the recurring subscription.
Once initiated by you, payment obligations are non-refundable. We do not issue refunds of any Fees for early cancellation or termination of the Services, or for any other reason. To the extent any return or refund is required by law for Fees paid, it will be provided in credits for paid portions of the Services unless we are legally required to issue a refund or otherwise choose to do so in our sole discretion. If you have a question or issue with the charges applicable to your Account, please contact us immediately. You agree to notify us of any Fee dispute within thirty (30) days of it being due, and must cooperate with us in good faith to promptly resolve any such dispute. If the charges were made in error, we will credit your Account or payment method for the appropriate amount. You agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.
5. OWNERSHIP, RIGHTS AND OBLIGATIONS
5.1. Your License Grant to RiseGame, LLC
You hereby grant Rise with its affiliates a non-exclusive, perpetual, fully paid and royalty-free, transferable, sub-licensable (through one or multiple tiers), non-terminable, irrevocable, worldwide license and right to use, reproduce, perform, display, distribute, create derivative works and disclose to third parties any (i) User Content that you post through the Services or otherwise provide to us, (ii) User Content posted by others about you or any Player for whom you are a parent or guardian, and (iii) any feedback, recommendations, ideas, suggestions, or other similar materials you choose to send to us. It is in our sole discretion to share, reproduce, publish, or post any such User Content (including Player Data). In some instances, the Services will provide Users or Team Admins or Coaches certain controls to determine the extent to which other Users may access or use User Content, but except as provided in our Privacy Policy, User Content will be considered non-confidential and non-proprietary.
This license includes our use and disclosure of User Content for advertising, promoting, marketing, publicity, any lawful purposes, or any other purposes, including without limitation, to send marketing communications, for benchmarking, analysis and research, to promote our brand, Teams and Players in any and all media formats and channels including without limitation, third party websites, feeds, public forums and social media platforms, to businesses, organizations and sports-related agents, and for any other purposes as we may determine in our discretion without any further obligation to you or the Player.
5.2. Our License Grant to Users
RiseGame with its affiliates and licensors own all right, title and interest in the Services, Materials and User Data. Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful purposes. We reserve the right to decline or deny the Services to anyone for any reason and at any time in our discretion. This license grant is for personal non-commercial use and, to the extent you are an Organization, for the benefit of your members.
The Services contain Materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Services. Except as provided herein or otherwise made directly available to you through features and functionality we provide in the Services, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without prior written permission from us or the third-party owner, as applicable. Unauthorized use of any Materials provided by the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Except as expressly provided herein, we and our third-party licensors reserve all rights with respect to the Services and Materials. We may pursue legal action under applicable laws and/or report to law enforcement for any violations, any we may terminate the account of any user believed to violate the Terms. We may also disable any social media features and any links at any time without notice in our sole discretion.
Trademarks and service marks that may be referred to in the Services are our property or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or content without our written permission. You are not authorized to use our company and brand names and logos (including without limitation RiseGame) without express written permission, except to the extent otherwise permitted by law.
5.3. Our Services and Materials
We may update our Services and Materials from time to time, but they will not necessarily be complete or up-to-date. The Services may be supported by advertising revenue and may display advertisements and promotions, and you agree that we may place such advertising and promotions through the Services or on, about, or in conjunction with User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice. You acknowledge that we may not always identify promoted services or content, or commercial communications as such. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted or unavailable, including without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content, data, or information from the Services for any reason, without prior notice. User Data and User Content removed from the Services may continue to be stored by us, including without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.
5.4. Linking to the Services
You may link to our Services, provided you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it, but you must not establish a link in such a way that violates the Terms or suggests any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking). We may disable any social media features and any links at any time without notice in our sole discretion.
6. THIRD PARTY LINKS AND TOOLS IN THE SERVICES
Although we generally control the Services, certain hyperlinks or provided tools within the Services may be associated with third-party services or features. We include these third-party links and tools solely as a convenience to you. The presence of a link or a tool does not imply an endorsement of the linked site or tool, its operator, or its contents, or that we are in any way affiliated with the linked site or tool. The Services do not incorporate any materials appearing in such linked sites or tools by reference. We reserve the right to terminate a link or tool to a third party website or services at any time. The third party websites or services are not controlled by us, and may have different terms of use and privacy policies, which we encourage you to review.
7. BETA TESTING
From time to time, we may make certain Services and Materials available to select Users through “beta testing” (each beta testing feature, a “Beta Feature”). Beta Features are not publicly available and are offered solely for testing and evaluation purposes.
Your participation in beta testing or otherwise accessing Beta Features is subject to this Section and the Terms, and you further acknowledge and agree: (a) Beta Features may not operate as expected and/or perform at the level of our commercially available Service; and (b) any and all information related to a Beta Feature, including your use of a Beta Feature and your feedback, is confidential information that must be maintained in strict confidence and must not be shared with any other person. In the event of any unauthorized use or disclosure of any confidential information, you must immediately provide us with written notice of such unauthorized use or disclosure and fully cooperate with us to regain control of, and to prevent further unauthorized use or disclosure of, the confidential information.
8. REPORTING COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS
We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or our Terms. Please report any infringement issues or concerns to us via the contact information provided at the end of these Terms (such as regarding trademarks). However, specifically for copyright infringement issues, please use the following instructions to notify us that your copyrighted material may have been infringed.
Pursuant to 17 U.S.C. 512(c)(2), written notification must be submitted in writing to the Designated Agent as follows:
Attn: Legal Department – Copyright Claim
Subject: Notification of Claimed Infringement re RiseGame
By mail to: 2323 Clear Lake City Blvd, Suite 180, Box 300, Houston, TX 77062
Or via email to: info@risegame.com
To be effective, the notification of copyright infringement must include the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) 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; (3) 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; (4) 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; (5) 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 (6) 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.
9. SERVICES CONTROLLED FROM UNITED STATES
Our Services are controlled from the United States. We make no representation that content or materials in the Services are appropriate or available for use in other jurisdictions. Access to any of the Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Services from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
10.1. Disclaimer
YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR ARE THE CONSENTING PARENT OF AN ATHLETE UNDER THE AGE OF 18. YOU ARE AWARE AND UNDERSTAND THAT BASEBALL INVOLVES THE RISK OF SERIOUS INJURY OR DEATH. YOU ACKNOWLEDGE THAT THE SERVICES ARE DESIGNED TO PROVIDE RECOMMENDATIONS TO GUIDE PLAYER DEVELOPMENT, BUT THAT ULTIMATELY ALL TRAINING DECISIONS AND ACTIVITY ARE YOUR SOLE RESPONSIBILITY. YOU ACKNOWLEDGE THAT THE SERVICES PROVIDE SUGGESTIONS BASED ON SCIENTIFIC ANALYSIS, HOWEVER EACH ATHLETE’S PERSONAL CIRCUMSTANCES MAY BE DIFFERENT AND REQUIRE THE USE OF YOUR PERSONAL JUDGEMENT WHETHER OR NOT THE RECOMMENDATIONS APPLY TO YOUR SITUATION AND IF THEY CAN BE COMPLETED BY YOURSELF WITHOUT ANY INJURY OR HARM.
By using the Services, You hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Provider, their affiliates, organizations or associations that promote or require use of the Services, their sponsors, and their subject master experts and their officers, directors, managers employees, agents, representatives, affiliates, shareholders, members, successors and assigns (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my use of the Services or in baseball activities generally, whether arising out of the negligence of the Provider or any Releasees or otherwise. You covenant not to make or bring any such claim against the Provider or any other Releasee, and forever release and discharge the Provider and all other Releasees from liability under such claims. You hereby represent that You have full power and all requisite authority to execute this Agreement and the release of liability contained herein, and that You have not in any way assigned or otherwise transferred the claims released under the terms of this Agreement.
Our Services are not guaranteed to preserve all user content or information, and WE ARE NOT A BACKUP SERVICE, so you agree that you will not rely on the Services for the purposes of storing the sole copy of any User Content that is important to you. Except as otherwise set out in our Privacy Policy, we have no obligation to retain or provide you with copies of User Content. We will not be liable to you or any third-party for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.
YOUR USE OF THE SERVICES, MATERIALS AND USER CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL USER CONTENT AND MATERIALS THEREIN ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE, APPROVE OR VERIFY ANY POSTED USER CONTENT ON THE SERVICES AND WE SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY USER CONTENT POSTED ON THE SERVICES (INCLUDING WITHOUT LIMITATION CLAIMS OF INFRINGEMENT RELATING TO USER CONTENT POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
THE PLAYING OF SPORTS INVOLVES THE RISK OF ACCIDENT, INJURY OR EVEN DEATH. THE ADVICE AND INFORMATION PRESENTED IN OUR APPS AND ONLINE ARE OFFERED AS RECOMMENDATIONS, BUT IT IS IN THE USER’S HANDS TO DECIDE WHAT IS BEST FOR THEIR OWN PERSONAL SITUATION AND CIRCUMSTANCES. EVERY HAS AND SHOULD KNOW THEIR LIMITS. THE COMPANIES AND THEIR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FROM THE USE OF ANY INFORMATION, OR ANY CONSEQUENCES THAT ARISE FROM USING THE INFORMATION CONTAINED IN OR GENERATED BY OUR APPS, ONLINE TOOLS AND SOFTWARE. THE FINAL DECISION ABOUT PARTICIPATION, LEVEL OF EFFORT EXERTED, AND TRAINING ACTIVITIES IS ULTIMATELY THE SOLE RESPONSIBILITY OF THE ATHLETE, AND/OR THE ATHLETE’S PARENT OR GUARDIAN, IF THE ATHLETE IS A UNDER 18 YEARS OF AGE.
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. We reserve all rights, defences and permissible limitations under the law of your state of residence.
10.2. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RISE AND ITS AFFILIATES AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RISE OR ANY OF ITS AFFILIATES AND/OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
10.3. Your Indemnification Obligations
You shall DEFEND, INDEMINFY and HOLD HARMLESS Rise and its affiliates, with their past and present directors, affiliates, partners, officers, employees and agents (collectively, “Indemnitees”) from and against all liabilities, damages and expenses, claims for damages, suits, proceedings, recoveries, judgments or executions (including without limitation litigation costs, expenses, and reasonable attorneys’ fees) which may be suffered by, accrued against, charged to or recoverable from Indemnitees by reason of or in connection with your use of the Services or User Content, violation of the Terms, or breach of applicable laws, rules, regulations or statutes in connection with use of the Services or User Content. YOU ACKNOWLEDGE YOU HAVE REVIEWED THIS INDEMNITY AGREEMENT AND REPRESENT YOU HAVE ACTUAL KNOWLEDGE OF THIS INDEMNITY AGREEMENT. IT IS EXPRESSLY AGREED AND ACKNOWLEDGED BY SELLER THAT THIS INDEMNITY AGREEMENT MEETS THE “FAIR NOTICE” REQUIREMENTS OF TEXAS LAW.
11. GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION AND CLASS ACTION WAIVER
11.1. Governing Law
THE LAWS OF THE STATE OF TEXAS WILL GOVERN ANY DISPUTE RELATING TO THE TERMS OR SERVICES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN HOUSTON, TEXAS IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THE TERMS OR SERVICES, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms.
11.2. Dispute Resolution
We are available by email at info@risegame.com to address any legal concerns you may have regarding the Terms or the Services. Most such concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Any matter or dispute relating in any way to the Terms or the Services which is not so resolved shall be submitted to binding confidential arbitration as provided herein.
Notwithstanding the binding arbitration herein, either party to a dispute may litigate in court as provided herein to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator, and to the extent that you violate or threaten to violate our intellectual property or confidentiality rights, we may seek non-monetary injunctive or other equitable relief relating thereto.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11.3 Arbitration
If the parties do not reach an agreed-upon resolution as provided in the section above, you and we each agree that any dispute, claim or controversy arising out of or relating to the Terms or the Services, or the breach, enforcement, interpretation or validity thereof, shall be determined by binding arbitration before one arbitrator. The arbitrator will be mutually selected by the parties in dispute. The arbitrator must be experienced with the subject matter of the arbitration. If, after sixty (60) days of good faith meet and confer efforts, the parties are unable to agree on an arbitrator, either party may petition a court with proper jurisdiction to appoint an arbitrator: (a) pursuant to a process whereby the court provides the parties with a panel of five potential arbitrators meeting the requirements herein for an arbitrator, each party strikes one arbitrator, and the court appoints the arbitrator from the remaining arbitrators on the panel based on the arbitrator’s qualifications and expertise, and the requirements herein; or (b) pursuant to the arbitrator selection process provided in the American Arbitration Association’s (AAA) Consumer Arbitration Rules. For purposes of this Section, good faith meet and confer efforts require that each party propose at least three arbitrators who meet the qualifications described herein. The selected or appointed arbitrator must hear the matter on consecutive business days without interruption, except in the event of a bifurcation or agreement of the parties. The arbitration shall be administered pursuant to AAA’s Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. We strive to offer a fundamentally-fair arbitration hearing process. For small claims (i.e., up to $10,000), in addition to your right to bring small claims court actions as noted below, we believe this can often be satisfied when hearings are conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face to face meeting is necessary for a fundamentally fair hearing. Notwithstanding our right to modify the Terms, any such modification to the dispute and/or arbitration requirements in this Section shall not apply to claims arising prior to the date of such modification and any such changes shall not affect your prior election to opt out of arbitration as provided below. In connection with these arbitration provisions, the parties agree as follows: (1) This arbitration agreement is reciprocally binding on all parties such that both you and we are required to arbitrate claims except as expressly provided herein; (2) Remedies that would otherwise be available to the parties under applicable federal, state or local laws, including without limitation the recovery of attorney’s fees, remain available under this arbitration clause; (3) The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator; (4) You have a right to an in-person hearing in your hometown area within the United States; (5) You have the right to use counsel of your choosing at your own expense if you so elect to use counsel, and to recover attorneys’ fees and expenses of arbitration to the extent provided by law; (6) The parties are permitted the discovery or exchange of non-privileged information relevant to the dispute in accordance with AAA’s Consumer Arbitration Rules; and (7) The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
11.4. Arbitration Filing Fees
If you initiate the arbitration You will be responsible for your own attorney fees and expenses unless the arbitration rules or applicable law permit you to recover your attorney’s fees. You will not be required to pay any fees or costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, arbitration-related fees and/or costs. If we are the claiming party initiating an arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).
11.5. Waiver of Certain Rights from Court
The parties understand that, absent this mandatory provision, they would have the right to sue in court. Court proceedings generally provide greater discovery rights, a judge or jury trial, and could provide greater opportunity for appellate review. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation.
11.6. Class Action Waiver
THE PARTIES AGREE THAT ANY ARBITRATION (OR LITIGATION, WHERE PERMITTED HEREUNDER) SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU ACKNOWLEDGE THAT BY ENTERING INTO THE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT THIS AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT TO ARBITRATE AND CAN NOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE DISPUTES.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
11.7. Exception for Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court of Harris County in the State of Texas for disputes or claims within the scope of that court’s jurisdiction. Any appeal of the decision in such small claims court shall be subject to these arbitration provisions.
11.8. 30-Day Right to Opt-Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written notice of your decision to opt-out to the following address via certified mail: Rise Game, LLC Attention: Legal 2323 Clear Lake City Blvd, Suite 180, Box 300, Houston, TX 77062. The notice must be sent within thirty (30) days after any material change to the arbitration provisions of these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
11.9. Jury Waiver
Should the arbitration provision be found to be unenforceable for any reason or You exercise your right to opt-out of the arbitration, EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS OR THE SERVICES OR BREACH, ENFORCEMENT, INTERPRETAION OR VALIDITY THEREOF.
12. GENERAL PROVISIONS
12.1. Open Source Components
Notwithstanding the license grants herein, you acknowledge that certain components of the Services may contain third party software available under so-called “open source” software licenses (each, an “Open Source Component”). Strictly to the extent required by a license covering an Open Source Component, (i) the terms of such license will apply to that Open Source Component in lieu of the Terms, (ii) any restrictions in the Terms that conflict with such license will not apply to that Open Source Component, and (iii) any requirement to offer source code or related information for such Open Source Component is hereby made and can be fulfilled by contacting us at info@risegame.com.
12.2. App Stores
If you download our App from a third-party app store platform such as Apple App Store, Google Play or any other third part seller of digital applications (“App Store”), your access and use of the App will also be subject to that App Store’s terms (“App Store Terms”). Please review your App Store Terms for additional relevant terms and conditions that may apply. We do not control your applicable App Store Terms, including their privacy policy and practices. App Stores have no obligation or responsibility for the operation, maintenance, use or support of the Services, except as otherwise provided in the App Store Terms. All claims related to the Services must be submitted to us as provided herein.
12.3. Mobile Communication and Messaging
By using the Mobile Services, you agree that we may communicate with you regarding Service and other entities by SMS, MMS, text message, through social media accounts or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Service account information to ensure that your messages are not sent to the person that acquires your old number.
12.4. No Waiver
No waiver by us of any provision or any breach of the Terms constitutes a waiver of any other provision or breach of the Terms and no waiver shall be effective unless made in writing. Our right to require strict performance and observance of any obligations in the Terms shall not be affected in any way by any previous waiver, forbearance or course of dealing. You may not sell, assign, license, sub-license, or otherwise convey in whole or in part to any third party the Services or Terms provided hereunder without our prior written consent.
12.5. Entire Agreement; Conflicts; Severability; No Other Relationship
You acknowledge that you have read and understood and agree to be bound by the Terms (which includes these Terms of Use along with the Privacy Policy and any other any other terms, policies, rules or guidelines that we post in connection with the Services), which shall constitute the complete and exclusive statement of the agreement between you and us, and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms of Use. To the extent there is any conflict between the Terms of Use, the Privacy Policy and any other applicable terms; the Privacy Policy shall govern, followed by these Terms of Use, followed by the other applicable terms. If any provision of the Terms is found unenforceable, it shall not affect the validity of the remainder of the Terms, which shall remain valid and enforceable according to their terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services.
13. CONTACTING US
If you have any questions, concerns or comments about our Terms or the Services, please email us at info@risegame.com or click here to contact our support team. These Terms were last updated February 9, 2024.