Terms of Service for StarPlayer by One Moxie Ventures LLC ("OMV")
These Terms of Service govern your access to and use of OMV's website (the “Site”), any information, text, graphics, or other materials created and/or provided by OMV and appearing on the Site (the “Content”), Your Data (as defined below) and any services and/or software provided through the Site or by OMV (the “Services”). These Terms of Service limit OMV's liability and obligations to you, grant OMV certain rights and allow OMV to change, suspend or terminate your access to and use of the Site, Content, Your Data and Services. Your access to and use of the Site, Content, Your Data and/or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, Content, Your Data and/or Services you agree to be bound by these Terms of Service.
YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, BY USING THE SITE, CONTENT, YOUR DATA AND/OR SERVICES OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE, CONTENT, YOUR DATA OR SERVICES. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU ” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.
Types of Accounts
Currently, OMV offers both a restricted free account (“Free Account”) with a limited amount of storage, messages, and features and a paid premium account (“Premium Account”). More information on the types of accounts that OMV offers and the costs involved can be found here. Please read this document in its entirety regarding account restrictions. OMV reserves the right, at any time, to change or impose fees for access to and use of the Site, Content, Your Data and/or Services.
Statistics, Rosters, Players, Teams, and Schedules ("Your Data")
You are the owner of Your Data and are solely responsible for your conduct and the content of Your Data, as well as any of the content contained in your communications with other OMV users, including but not limited to User Posts (as defined below).
OMV allows you to share some or all of Your Data. If you choose to, you can share all or some of Your Data with the general public. If you decide to share Your Data, you are giving certain legal rights, as explained below, to those individuals who you have given access to your folders.
OMV does not claim any ownership rights in Your Data. You acknowledge that OMV does not have any obligation to monitor the Data or User Posts that are uploaded, posted, submitted, linked to or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Data or anything said, depicted or written by users in their User Posts, including without limitation, any information obtained by using the Site or Services. OMV does not endorse anything contained in the Data or User Posts or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OMV with respect thereto.
Your Public Data
While you own the content contained in Your Data, data marked Public are automatically available to other OMV users and to the general public. By marking Your Data with a Public setting, you hereby grant all other OMV users and the public a non-exclusive, non-commercial, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use and exploit Your Data in marked Public. In other words, data marked Public can be used by anyone, for any purpose except commercial use. If you do not want other people to be able to use Your Data in this manner, then simply do not mark Your Data Public. By marking Your Data Public, you agree and acknowledge that OMV has no responsibility or obligation to monitor or notify of you of any non-compliance related to the license you have granted and that OMV has no responsibility to enforce or police, or aid you in enforcing or policing, the terms of that license. Once you mark your data Public, web servers may index Your Data, place it into cache files, store and archive it, and you can never be sure that it will ever be private again. Do not ever make Your Data Public unless you understand this.
You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the licenses that your Public setting requires, as described above. Please note that moving all or portions of Your Data from a Public setting does not revoke the license granted to those individuals who previously accessed those data.
You should be aware that Data may be protected by property rights which are owned by the OMV user whose Public share that Data resides in. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the content(s) (either in whole or in part) of another user's shared folder unless you have been specifically told that you may do so by the rightful owner of that Data, in a separate agreement.
You acknowledge and agree that you should not rely on the Site, Content, Your Data and Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, Content, Your Data or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, Content, Your Data and/or Services.
You are responsible for safeguarding the password that you use to access the Site, Content, Your Data and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify OMV of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data and/or Your Data to OMV, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site, Your Data and Services.
Your Use of the Services
OMV grants you a limited, nonexclusive, nontransferable, revocable license to use the Site, Content, Your Data and Services subject to the restrictions set forth in these Terms of Service.
OMV Property and Feedback
All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of OMV and its licensors, including all Intellectual Property Rights (as defined below) therein, even if OMV incorporates any of your Feedback (as defined below) into subsequent versions. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML or other code used to generate web pages on the Site.
All feedback, comments, and suggestions for improvements (the “Feedback”) that you provide to OMV, in any form, and any contributions you make to the Site by posting content and communicating with other OMV users via posts to forums on the site (“User Posts”) will be the sole and exclusive property of OMV. You hereby irrevocably transfer and assign to OMV and agree to irrevocably assign and transfer to OMV all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. At OMV's request and expense, you will execute documents and take such further acts as OMV may reasonably request to assist OMV in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback and User Posts. You will not earn or acquire any rights or licenses in the Site, Content, and Services or in any OMV Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.
You agree not to do any of the following while using the Site, Content, Your Data or Services:
Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of the Site (including but not limited to user folders not designated as 'public' or that you have not been given permission to access), OMV's computer systems, or the technical delivery systems of OMV's providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, Content, Your Data or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by OMV or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content, Your Data or Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, Your Data or Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on OMV's computer system, those systems of OMV's providers, or otherwise use the Site, Content, Your Data or Services to attempt to distribute malware; or
Impersonate or misrepresent your affiliation with any person or entity.
OMV will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. OMV may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that OMV has no obligation to monitor any user's access to or use of the Site, Content, Your Data and Services, but has the right to do so for the purpose of operating the Site and the Services, to ensure users' compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Respecting Copyright When Using Your Public Data
By using the Public data features you represent that data placed do not violate OMV’s Terms of Service and that you own all copyrights to them or have been given permission by the copyright owner to share them. If you have any doubts about whether you have the legal right to share certain data, you should not make them Public.
The Site may contain links to third-party websites or resources. You acknowledge and agree that OMV is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OMV of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
If you violate any of these Terms of Service, your permission to use the Site, Content, Your Data and Services will automatically terminate. OMV reserves the right to revoke your access to and use of the Site, Content, Your Data and Services at any time, with or without cause, and with or without notice. OMV also reserves the right to cease providing or to change the Site, Content, Your Data or Services at any time and without notice.
OMV reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, and without further notice, OMV may choose to delete and/or reduce: (i) any or all of Your Data if your Free Account is inactive for 90 days; and (ii) previous versions and/or prior backups of Your Data.
Use of the Site at Your Own Risk
Your access to and use of the Site, Content, Your Data and Services and is at your own risk. OMV will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site, Content, Your Data or Services.
StarPlayer is Available “AS-IS”
THE SITE, CONTENT, YOUR DATA AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ONE MOXIE VENTURES LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE SITE, CONTENT, YOUR DATA AND SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR CONTENT TO UNINTENDED THIRD PARTIES.
ONE MOXIE VENTURES LLC MAKES NO WARRANTY THAT THE SITE, CONTENT, YOUR DATA OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ONE MOXIE VENTURES LLC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, YOUR DATA OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ONE MOXIE VENTURES LLC OR THROUGH THE SITE, CONTENT, YOUR DATA OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold OMV, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Content, Your Data and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Data, or your use of Data, caused damage to a third party, including without limitation claims that Your Data, or use of Data, infringe the rights of another.
Limitation of Liability
IN NO EVENT WILL ONE MOXIE VENTURES LLC BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, YOUR DATA AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT, YOUR DATA OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ONE MOXIE VENTURES LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT ONE MOXIE VENTURES LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, ONE MOXIE VENTURES LLC WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES AND/OR YOUR DATA, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
FREE ACCOUNT HOLDERS: YOU AGREE THAT THE AGGREGATE LIABILITY OF ONE MOXIE VENTURES LLC TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT, YOUR DATA AND/OR SERVICES IS LIMITED TO ONE ($1) U.S. DOLLAR. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ONE MOXIE VENTURES LLC AND YOU.
PREMIUM ACCOUNT HOLDERS: YOU AGREE THAT THE AGGREGATE LIABILITY OF ONE MOXIE VENTURES LLC TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT, YOUR DATA AND/OR SERVICES IS LIMITED TO LOWER OF THE AMOUNTS YOU HAVE PAID TO ONE MOXIE VENTURES LLC DURING THE THREE MONTH PERIOD PRIOR TO SUCH CLAIM, FOR ACCESS TO AND USE OF THE SITE, CONTENT, YOUR DATA OR SERVICES, OR TEN ($10) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ONE MOXIE VENTURES LLC AND YOU.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
The failure of OMV to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Loudoun County, Virginia, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
The export and re-export of OMV software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the OMV software products. In addition; OMV software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.
These Terms of Service are the entire and exclusive agreement between OMV and you regarding the Site, Content, Services and Your Your Data, and these Terms of Service supersede and replace any prior agreements between OMV and you regarding the Site, Content, Services and Your Data.