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 download the Onside Sports mobile application ("Mobile App") and agree to additional terms and conditions. You may download the Mobile App here: https://itunes.apple.com/us/app/onside-sports/id637030094.
2.1 Prohibited Conduct. You may only use the Mobile App 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.
3.1 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.
3.2 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.
5.1 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):
Onside Sports’ designated Copyright Agent to receive notifications of claimed infringement is firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
5.2 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:
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.
6.1 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.
6.3 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.
6.4 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.
6.5 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.
6.7 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.
6.8 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.
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.