Effective date: Sep 1, 2020
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AWRE Sports - Terms of Use

Welcome to AWRE Sports (awresports.com). These Terms of Use govern your access to and use of our platform. Please read these terms carefully before using our services. By accessing or using our platform, you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, please do not use AWRE Sports.

1. Content Ownership and License:

AWRE Sports values the content you contribute to our platform, including videos, data, and any other materials (collectively referred to as "User Content"). By submitting User Content, you grant AWRE Sports a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and perform all User Content in connection with the operation, promotion, and improvement of AWRE Sports and its services.

This license allows AWRE Sports to, without limitation:

  1. Host, store, and display your User Content on our platform.
  2. Share, promote, and distribute any User Content on AWRE Sports' official social media channels, website, and affiliated partners' platforms for marketing and promotional purposes.
  3. Use your User Content for advertising, including creating advertisements, collages, or compilations using User Content from various users.
  4. Analyze and process User Content to improve our platform's functionality and provide personalized user experiences.
  5. Develop new features, products, and services based on insights gained from User Content.

1.1 AWRE AIR Video Systems:

If you use AWRE AIR video systems, which may include cameras, sensors, or related technologies, you acknowledge and agree that AWRE Sports may capture and store video, audio, and other data ("AWRE AIR Data") during your use of the platform and during associated events. You grant AWRE Sports the right to collect, store, utilize and publish all AWRE AIR Data in accordance with applicable laws and our Privacy Policy.

1.2 User Content Usage Guidelines:

AWRE Sports respects your ownership of User Content and will make reasonable efforts to ensure proper attribution and acknowledgment of your contributions. However, you understand and agree that once User Content to AWRE Sports is uploaded or submitted, it may be viewed, shared, or accessed by other users and the public. Consequently, you are solely responsible for any User Content you provide.

1.3 Content Removal and Modifications:

While AWRE Sports strives to maintain the integrity and accuracy of User Content, we reserve the right to remove, modify, or refuse to display any User Content for any reason, including but not limited to content that violates these Terms of Use, infringes on third-party rights, or is deemed inappropriate at our sole discretion.

1.4 User Content Attribution:

AWRE Sports may provide attribution to you as the creator or uploader of User Content, but this is not guaranteed, and you agree not to enforce any claim or seek compensation for the lack of attribution.

1.5 User Content Representations and Warranties:

By submitting User Content, you represent and warrant that:

  1. You have the legal right and authority to grant the license and permissions specified in these Terms of Use.
  2. The User Content does not infringe on any copyright, trademark, patent, trade secret, or other intellectual property rights of any third party.
  3. The User Content does not violate any applicable laws, regulations, or rights of privacy or publicity.
  4. You have obtained all necessary consents, permissions, and releases from individuals who appear in or are identifiable in the User Content.

1.6 Copyright Infringement Claims:

If you believe that your copyrighted work has been infringed upon by User Content on AWRE Sports, please contact us with a detailed notice at info@awresports.com. We will investigate and take appropriate actions, as required by the Digital Millennium Copyright Act (DMCA) and other applicable laws.

1.7 Retention and Deletion of User Content:

While AWRE Sports will make reasonable efforts to store and maintain User Content, we do not guarantee the preservation of User Content indefinitely. You acknowledge that you are solely responsible for backing up and preserving any valuable User Content.

2. Prohibited Content: You agree not to upload, post, or share any content that violates applicable laws, infringes on any third-party rights, or is harmful, offensive, defamatory, obscene, or otherwise objectionable. AWRE Sports reserves the right to remove any content that violates these terms or is deemed inappropriate at its sole discretion.

3. User Responsibilities:

3.1. All Users: You, as a user of AWRE Sports, represent, warrant, covenant, and agree to the following with respect to any User Content posted by you or on your behalf through the Services:

(i) Compliance: Your User Content shall comply with these Terms of Use and all applicable laws, including its access and use by other Users and AWRE Sports as enabled by the Services.

(ii) Ownership: You own all legal rights to the User Content or otherwise have the right to grant the rights and licenses set forth in these Terms.

(iii) Royalties and Fees: You will pay for all royalties, fees, and any other monies owed as a result of User Content you post using the Services.

(iv) Responsibility: You are fully responsible for the User Content, including its legality, reliability, accuracy, and appropriateness.

(v) Third-Party Liability: AWRE Sports is not responsible or liable to any third party for the content or accuracy of your User Content.

(vi) Use and Disclosure: You acknowledge and agree that AWRE Sports or any person subject to these Terms may use, modify, and disclose your User Content.

With regard to any content you post through the Services, such as personal information, User Content, or User Data, you represent, warrant, and covenant 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 13 (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 to promptly remove the Minor Data from the Services, and/or (z) if they or the relevant Team Admin notifies us, we will endeavor 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 endeavor 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 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 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, Organizations, Facilities:  This paragraph applies if you are a Team Admin and/or Organization and/or Facility. You are responsible for any activities associated with the Team(s) that you manage or attend your events, 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:

  1. Unauthorized Use: Decompile, reverse engineer, disassemble, modify, reduce to human-readable form, or create derivative works based upon the Services or any part thereof.
  2. Security Violations: Attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, or to any server used by AWRE Sports, by hacking, password "mining," or any other illegitimate means.
  3. Interference: Interfere or attempt to interfere with the proper working of the Services, any transaction conducted on the Services, or with any other person's use of the Services.
  4. Harassment: Harass, stalk, or otherwise subject any other user or third party to unwanted and/or inappropriate contact.
  5. Fraudulent Activity: Use the Services for any fraudulent or unlawful purpose.
  6. Impersonation: Impersonate any person or entity, including, but not limited to, any AWRE Sports official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  7. Viruses and Malware: Upload or transmit any material that contains software viruses, malware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  8. Scraping and Data Mining: Use any robot, spider, scraper, data miner, or other automated means to access the Services for any purpose without our express written permission.
  9. Unauthorized Commercial Use: Use the Services for any commercial purpose without AWRE Sports' express written consent.
  10. Unauthorized Access to Player Data: Team Admins and Organizations are prohibited from accessing or using Player Data outside the scope of their legitimate activities within the Services.
  11. Competitive Services: You agree not to access or use any competitive services or platforms that offer similar functionalities to AWRE Sports while using the platform.

4. Termination: AWRE Sports reserves the right, at its sole discretion, to terminate or suspend your access to all or part of the platform for any reason, including, without limitation, breach of these Terms of Use or violation of applicable laws. Upon termination, your right to use the platform will immediately cease, and you must cease all access and use of the Services.

5. Modifications: AWRE Sports may update or modify these Terms of Use from time to time. Any changes will be effective upon posting the revised Terms of Use on the platform. Your continued use of the Services after the changes have been implemented signifies your acceptance of the updated Terms of Use.

6. Intellectual Property: AWRE Sports and its licensors own all rights, title, and interest in and to the platform and its content, including but not limited to text, graphics, logos, images, audio, video, and other materials provided on the platform.

7. Disclaimer of Warranties: The platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. AWRE Sports does not guarantee that the platform will be uninterrupted or error-free.

8. Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall AWRE Sports, its affiliates, officers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with:

  1. The use or inability to use the platform;
  2. The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the platform;
  3. Unauthorized access to or alteration of your transmissions or data;
  4. Statements or conduct of any third party on the platform; or
  5. Any other matter relating to the platform.

This limitation of liability shall apply regardless of the cause of action, whether in contract, tort (including negligence), strict liability, or otherwise and even if AWRE Sports has been advised of the possibility of such damages.

In jurisdictions where limitations of liability for consequential or incidental damages are not allowed, the liability of AWRE Sports shall be limited to the fullest extent permitted by law.

You acknowledge that AWRE Sports has set its prices and entered into these Terms of Use in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.

9. Indemnification: You agree to indemnify, defend, and hold harmless AWRE Sports and its officers, directors, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to your use of the platform, violation of these Terms of Use, or violation of any rights of a third party.

10. Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of laws principles.

11. Dispute Resolution: Any disputes arising out of or related to these Terms of Use shall be resolved through arbitration in accordance with the rules of the [Arbitration Association/Institution].

12. Severability: If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Entire Agreement: These Terms of Use constitute the entire agreement between you and AWRE Sports regarding your use of the platform, superseding any prior agreements between you and AWRE Sports.

14. Subscription Policy and Automatic Renewal: When you subscribe to AWRE Sports, you acknowledge and agree to our subscription policy, which includes automatic renewal unless a written cancellation request is received. Here are the key points of our subscription policy:

14.1 Subscription Renewal: Upon subscribing to AWRE Sports, your membership will automatically renew at the end of each Monthly Period or Yearly Period (depending on the nature of your subscription) unless you cancel your subscription before the renewal date. The renewal will be charged to the Payment Method associated with your account.

14.2 Notification of Renewal (annual subscriptions): Before each annual renewal, we will send you an email notification to the email address associated with your account, informing you of the upcoming renewal and the amount that will be charged to your Payment Method.

14.3 Cancellation Request: You may cancel your subscription at any time by sending a written cancellation request to our customer support team at info@awresports.com. The cancellation request must be received before the next renewal date to avoid being charged for the subsequent Monthly Period or Yearly Period. Cancellation requests submitted after the renewal date will be effective at the end of the current billing cycle, and you will not receive a refund for any remaining days.

14.4 Refund Policy: AWRE Sports operates a no-refund policy for subscription fees. If you choose to cancel your subscription, you will continue to have access to your subscription until the end of the current billing cycle. We do not provide refunds for any unused portion of your subscription.

14.5 Payment Method Updates: It is your responsibility to ensure that your Payment Method information is accurate and up-to-date. If your Payment Method is invalid or expires, and you do not provide updated information or cancel your account, you authorize us to continue billing you, and you will remain responsible for any uncollected amounts.

14.6 Changes to Subscription Fee: AWRE Sports reserves the right to change the subscription fee for its services. In such cases, we will provide advance notice of any changes to the subscription fee by email.

14.7 Suspension or Termination of Account: AWRE Sports reserves the right to suspend or terminate your account and access to the platform if we suspect fraudulent activity, violation of these Terms of Use, or any misuse of the platform or its services.

By subscribing to AWRE Sports, you agree to abide by our subscription policy and automatic renewal terms. It is essential to manage your subscription and make any necessary changes to your account before the next renewal date to avoid unwanted charges.

15. Hardware Products Associated with AWRE Sports: AWRE Sports is a platform that may be associated with hardware products, either directly or indirectly. We want to ensure that you fully understand the implications and responsibilities when using hardware products in conjunction with AWRE Sports. Please carefully read and acknowledge the following terms:

15.1 Disclaimer of Liability: You understand and acknowledge that AWRE Sports does not manufacture any hardware products. Any hardware products installed, used, or associated with AWRE Sports are done so at your own risk. To the fullest extent permitted by law, AWRE Sports and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any injuries, damages, losses, or expenses that may result from the installation, use, or association of hardware products with AWRE Sports. This limitation of liability includes, but is not limited to, any personal injury, property damage, or other harm that may arise from hardware-related activities.

15.2 User Responsibility: By using any hardware products in association with AWRE Sports, you acknowledge and agree that it is your responsibility to ensure the proper use, safety, and compliance with all applicable laws and regulations related to these hardware products. You must follow all safety guidelines and manufacturer instructions provided by the hardware product manufacturers. AWRE Sports shall not be responsible for any defects, malfunctions, or improper use of hardware products, nor shall we be responsible for providing support, maintenance, or warranties related to such hardware products unless otherwise agreed upon.

15.3 Indemnification: You agree to indemnify and hold AWRE Sports harmless from any claims, demands, actions, liabilities, or expenses arising out of or in connection with your use of hardware products in association with AWRE Sports. This includes, but is not limited to, any claims from third parties, personal injuries, property damage, or any other harm resulting from the use of hardware products associated with AWRE Sports.

15.4 Your Obligation: By using hardware products in conjunction with AWRE Sports, you acknowledge that you have read, understood, and agreed to the terms in this section. You also acknowledge that AWRE Sports has made it clear that we are not responsible for any hardware-related activities, and you assume all risks and responsibilities associated with the use of hardware products.

We strongly advise you to exercise caution, diligence, and care when using any hardware products associated with AWRE Sports. It is essential to follow all safety guidelines, manufacturer instructions, and applicable laws to ensure your safety and the proper functioning of the hardware products.

16. Profit Sharing Exclusion:  By accessing and using the AWRE Sports platform (awresports.com) and any related services, you acknowledge and agree that you shall have no right, claim, or entitlement to share in any profits or revenue generated from the AWRE Sports platform. The use of our Services is strictly limited to the terms outlined in this Privacy Policy and our Terms of Service.

16.1  User Contributions: Any contributions, content, or data submitted by users through the AWRE Sports platform, including feedback, suggestions, or ideas, shall be treated as non-confidential and non-proprietary. By submitting such contributions, you agree that AWRE Sports shall have the unrestricted right to use, reproduce, modify, distribute, or otherwise exploit such contributions for any purpose, without any obligation to compensate or acknowledge you.

16.2  No Revenue Sharing or Investment:  The AWRE Sports platform is not an investment opportunity, and your use of the Services does not create any investment or ownership interest in AWRE Sports or its operations.

17. Acknowledgement of Privacy Policy: By using AWRE Sports and accepting these Terms of Use, you also acknowledge that you have read, understood, and agreed to the terms of AWRE Sports' Privacy Policy. Our Privacy Policy outlines how we collect, use, disclose, and protect your personal information when you use our platform. It is essential to review the Privacy Policy to understand how your data is handled and what choices you have regarding your information.

To access our Privacy Policy, please click on the following link: AWRE Sports Privacy Policy.

Protecting your privacy is of utmost importance to us, and we are committed to safeguarding your personal information in compliance with applicable data protection laws. If you have any questions or concerns regarding our Privacy Policy or how we handle your data, please feel free to contact our privacy team at info@awresports.com.

Thank you for being part of the AWRE Sports community! If you have any questions or need assistance with your subscription, please don't hesitate to contact our customer support team at info@awresports.com.