1.3 Limited Site Content License. Onside Sports grants you the limited, revocable, non-transferable, non-exclusive right to use the Onside Sports Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site containing Site Content, under the condition that (i) such activity is solely for your personal, education or other non-commercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format.
1.4 Trademarks. All trademarks, service marks and logos included on the Site ("Marks") are the property of Onside Sports or third parties, and you may not use such Marks without the express, prior written consent of Onside Sports or the applicable third party.
1.5 Consent to Monitoring. Onside Sports does not, and cannot, pre-screen or monitor all Content. However, its representatives may monitor and/or record your communications when you are using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. Onside Sports does not assume any responsibility or liability for content that is generated by other users of the Site. Onside Sports has the right but not the obligation, in its sole discretion, to edit, refuse to post, or remove any Content.
1.6 Access to Onside Sports Service. In order to gain access to the Onside Sports Service, you are required to create a user account (“Account”) on the Onside Sports Website (“Website”).
For additional features, you may also create a user account (“Account”) on the Onside Sports mobile application ("Mobile App") additional terms and conditions. You may download the Mobile App here: https://itunes.apple.com/us/app/onside-sports/id637030094 or https://play.google.com/store/apps/details?id=com.pickstream.
You must be at least eighteen (18) years of age to access the Mobile App and Onside Sports Service, and by using them you represent and warrant that: (i) you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement and (ii) you are at least 18 years old. We reserve the right to determine eligibility.
2.1 Registered Accounts. In order to gain access to some parts of the Onside Sports Service (including for using the Onside Sports Service to guess the outcome of events listed in the Onside Sports Service ("Picks") and other forms of participation), you are required to register for an account on the Onside Sports Service using your email, Apple, Gmail, Facebook or Twitter account, that is accessed by a username and password. In registering for your Account, you agree (i) that the information you provide to us in connection with your registration will be current, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that we reserve the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use your Account to any third party without our prior written consent and (iv) not to permit any third party to use your user name and password to access your Account. You further agree that you are responsible for the conduct of any party that uses your Account, whether or not authorized by you, and for any breach of the security of the Onside Sports Service related to the use of your user name and/or password.
3.1 Bankroll. In app currency (“Bankroll”) is provided in the app for entertainment purposes to allow you to track your performance and compete with the community. You may purchase more Bankroll at anytime through the applicable platform. There are no refunds provided for Bankroll purchases.
3.2 Onside+ Subscriptions. Access to portions of Onside Sports Content will be provided on a Subscription basis (known as “Subscription”). You will be billed in advance of receiving access to Onside Sports Content and then on a periodic basis starting on the initial date of the transaction (known as “Billing Period”). Billed Periods for Subscriptions will be clearly indicated in the purchase experience and can be weekly, monthly quarterly or annual, depending on the offer. Your subscription will be automatically renewed at the end of every Billing Period, unless you cancel. A valid payment method (such as a credit card) will be required to process your payment for your Subscription.
If you purchased your Subscription through Apple iOS or Google Play, you may cancel or change your Subscription at any time using the applicable platform. If you purchased your Subscription directly through Onside Sports, you may cancel or change at anytime by going to www.onsidesports.com (the Website) and accessing your settings. There are no refunds or cancellations and all payments are non-refundable. You will maintain access to the Subscription for the remainder of the current Billing Period. All upgrades to new Subscription tiers with increased access to Onside Sports Content will occur immediately. All downgrades will occur in the next Billing Period.
At times, Onside Sports in its sole discretion may provide free trials to Subscriptions for a limited period of time (known as “Free Trial Period”). The Free Trial Period will be based on the offer and will be clearly outlined in the purchase experience. All free trials will require a valid payment method such as a credit card. You will not be charged until the Free Trial Period has expired. Unless you cancel during the Free Trial Period, you will be charged as per the Subscription pricing of the offer your selected. You will be provided an email reminder prior to billing. Your Subscription will then follow the same rules as outlined above for autorenewal, cancellations, refunds and changes.
At times, Onside Sports in its sole discretion may provide special introductory rates to Subscriptions (known as “Introductory Rates”). The Introductory Rates will be based on the offer and will be clearly outlined in the purchase experience. The Introductory Rate will include access at a discounted rate and will automatically renew at the normal Subscription rate unless canceled. Your Subscription will follow the same rules as outlined above for autorenewal, cancellations, refunds and changes.
3.3 Distribution or sharing of Subscription Content. AS MENTIONED IN SECTION 1.3, ANY SHARING OR RE-DISTRIBUTION OF SUBSCRIPTION CONTENT WITHIN OR OUTSIDE OF MOBILE APP AND WEBSITE IS EXPRESSLY FORBIDEN. This may result in termination of your Account and Subscription.
3.4 Other Terms. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Onside Sports may revise the pricing for the Mobile App, the Onside Sports Service or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Onside Sports may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Onside Sports Service. If there is a dispute regarding payment of fees to Onside Sports, your Account may be closed without warning or notice, at the sole discretion of Onside Sports.
4.1 Prohibited Conduct. You may only use the Mobile App, Website and the Onside Sports Service in accordance with the terms and conditions of this Agreement and all applicable law. Without limiting the generality of the foregoing, you specifically agree that:
(a) You may not use the Site for (i) posting any: (1) information which is incomplete, false, inaccurate or not your own, (2) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it or (3) material that infringes on any other intellectual property, privacy or publicity right of another; (ii) impersonating another person; (iii) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; or (iv) transmitting or communicating any content which, in the sole and exclusive discretion of Onside Sports, is deemed offensive, including, but not limited to, language that harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable.
(b) You may not: (i) violate or attempt to violate the security of the Site or Onside Sports’ system or network security, including, without limitation, the following: (ii) access data not intended for users of the Onside Service, or gain unauthorized access to an account, server or any other computer system; (iii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iv) attempt to interfere with the function of the Site, host or network, including, without limitation, via means of submitting a virus to the Onside Sports Service, overloading, "flooding", "mailbombing", "crashing", or sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or (vi) deploy to the Site any robot, spider, site search/retrieval application, or other application designed to retrieve, index or "data mine," information from the Site.
5.1 Intellectual Property Rights.
(i) Website and Onside Sports Service. Except for the limited license and rights granted in this Section 1, Onside Sports and its licensors reserve all right title and interest in and to the Website and the Onside Sports Service, including all Intellectual Property Rights therein and thereto, and no other right or license is granted to you by implication, estoppel or otherwise. You may not remove or alter any trademark or logo, or any copyright or proprietary notice on or in the Website, and you obtain no right or license to the foregoing.
(ii) Suggestions and Feedback. You hereby grant to Onside Sports a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Website, Mobile App and/or the Onside Sports Service any suggestions, enhancement requests, recommendations or other feedback related to either of them that you may provide, directly or indirectly, to Onside Sports.
(b) Game Assets. Through your use of the Mobile App and the Onside Sports Service or the Site, you may accumulate virtual assets associated with your Account, including, without limitation, objects, currency, items, and/or other value or status indicators (collectively, "Game Assets"). You acknowledge and agree that such Game Assets are merely data associated with your Account and are owned solely and exclusively by Onside Sports, and that you acquire no interest therein. You further acknowledge and agree that Onside Sports has the right, in its sole and absolute discretion, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and without incurring any liability to you.
(c) Content. You hereby grant to us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid up right and license to use, reproduce, distribute, publicly display, prepare derivative works from any and all data, information, images, sounds, videos, audio files, communications, materials and other content (collectively, "Content") that you upload, store, process or transmit in connection with your use of the Mobile App and the Onside Sports Service, as may be required, in our sole discretion, to provide and operate the Onside Sports Service and to (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Agreement or any other agreement; (iii) to protect the legal rights and remedies of Onside Sports; (iv) where someone's health or safety may be threatened; or (v) to report a crime or other offensive behavior. In addition, you also hereby irrevocably waive, to the greatest extent permissible under applicable law, any moral rights, droit morale, or similar rights you may have in such Content under the laws of any jurisdiction.
5. Term and Termination; Survival
5.1 Term. This Agreement shall be effective upon the registration of an Account by you, and shall continue in effect until terminated under Section 5.2 below, provided that Onside Sports reserves the right to refuse service to anyone for any reason at any time.
(a) By Onside Sports. In the event of any breach by you of this Agreement, this Agreement shall automatically and immediately terminate, without the requirement of notice or action by Onside Sports. In addition, Onside Sports, in its sole discretion, has the right to suspend or terminate your Account and your access to the Onside Sports Service, for any reason at any time.
(b) By You. In the event of any breach by Onside Sports of this Agreement, your sole remedy shall be to cease using the Mobile App and the Onside Sports Service. In addition, you may terminate your Account at any time.
(c) Effect of Termination. Any termination of your Account will result in the deletion of your Account and the content in it, and the termination of your access to the Onside Sports Service. The provisions of Sections 4, 5.1, 7, 3.2(c), 8 and 10 of this Agreement shall survive any termination of this Agreement.
7.1 Warranty Disclaimer. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO GREATEST THE EXTENT PERMITTED BY APPLICABLE LAW, ONSIDE SPORTS AND ONSIDE SPORTS' LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES THAT THE SITE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, ACCURATE OR NON-INFRINGING. YOU BEAR THE ENTIRE RISK OF USE OF THE SITE. ONSIDE SPORTS AND ONSIDE SPORTS' LICENSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT THE FEATURES AND FUNCTIONS OF THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THIS DISCLAIMER MAY NOT APPLY TO YOU.
7.2 Gambling Disclaimer. The Site available for entertainment purposes only, and is not intended to and may not be used for gambling. You may not use the Site to risk your money or other property on the outcome of such events.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONSIDE SPORTS AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
9.1 DMCA Notice. If you are a copyright owner or an agent thereof and believe that any content posted on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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 Onside Sports to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement 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
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 owner of an exclusive right that is allegedly infringed.
Onside Sports’ designated Copyright Agent to receive notifications of claimed infringement is email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
9.2 Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical and electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Onside Sports may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Onside Sports’ sole discretion.
10.1 Assignment. You may not assign this agreement, in whole or in part, without the prior written consent of Onside Sports, which consent may be granted or withheld by Onside Sports in its sole and absolute discretion.
10.3 Linked Sites. Onside Sports reserves the right, at its discretion at any time, to deny any request, or rescind any permission granted, to link to the Site, and to require termination of any such link. You may be able to link to third party websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by Onside Sports in any way and Onside Sports is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Onside Sports’ endorsement of, or association with, the Linked Sites. In no event shall Onside Sports be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
10.4 Location. We control and operate the Onside Sports Service from our offices in the United States of America and Canada, and all information is processed within the United States and Canada. We do not represent that the Site and its Content are appropriate or available for use in other locations. Persons who choose to access and use the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
10.5 Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
10.7 Severability. The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
10.8 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Mobile App and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
10.9 Export Control. You acknowledge that the goods, software and technology acquired from Onside Sports are subject to U.S. export control laws and regulations, including but not limited to the International Traffic In Arms Regulations ("ITAR") (22 C.F.R. Parts 120-130 (2010)); the Export Administration Regulations ("EAR") (15 C.F.R. Parts 730-774 (2010)); the U.S. antiboycott regulations in the EAR and U.S. Department of the Treasury regulations; the economic sanctions regulations and guidelines of the U.S. Department of the Treasury, Office of Foreign Assets Control, and the USA Patriot Act (Title III of Pub. L. 107-56, signed into law October 26, 2001), as amended. You may not use or otherwise export or re-export the Mobile App except as authorized by United States law and the laws of the jurisdiction in which the Mobile App was obtained. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting country," and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
10.10 Indemnification. You hereby irrevocably agree to indemnify, defend and hold Onside Sports, its affiliates, directors, officers, employees and agents harmless from and against any and all losses, costs, damages, liabilities and expenses (including attorneys' fees) arising out of or related to your use of the Mobile App and/or the Onside Sports Service.
10.11 Severability. The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
10.12 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Mobile App and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
Copyright © Pickstream, Inc. DBA Onside Sports 2013. Onside Sports is not affiliated in any way with Major League Baseball, the National Football League, the National Basketball Association, the National Hockey League, or the National Collegiate Athletic Association. Product names, logos, brands or other trademarks displayed or referred to within Onside Sports are the property of their respective owners and do not represent any affiliation, sponsorship or otherwise with Onside Sports.