KickballLegends.com Terms of Service
Welcome to KickballLegends, an league management platform that provides recreational sports organizations the ability to manage schedules, scores, standings, and organization communication.
The KickballLegends service is operated by KickballLegends.com. ("KickballLegends.com").
By using the KickballLegends web site (the "Web site") or the KickballLegends Scoreboard Application for Mobile Devices (the "app") you agree to be bound by these Terms of Service (this "Agreement").
If you wish to become a Member, and make use of the KickballLegends services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
This Agreement sets out the legally binding terms of your use of the Web site, API service, mobile application and your membership in the Service and may be modified by KickballLegends at any time and without prior notice, such modifications to be effective upon posting by KickballLegends on the Web site.
A copy of this Agreement can be found on the KickballLegends website on the footer of every web page.
Please choose carefully the information you post on KickballLegends and that you provide to other Members.
Content you upload to KickballLegends may not include the following items: any photographs posted by you may not contain nudity, violence, or offensive subject matter.
Information provided by other KickballLegends Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and KickballLegends assumes no responsibility or liability for this material.
KickballLegends reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the service at any time, for any or no reason, with or without prior notice, and without liability.
You must be eighteen years of age or over to register as a member of KickballLegends or use the Web site.
Membership in the Service is void where prohibited.
By using the Web site, you represent and warrant that 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.
Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address.
You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
This Agreement will remain in full force and effect while you use the Web site and/or are a Member.
You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Edit Account.
KickballLegends may terminate your membership for any reason, at any time.
- Proprietary Rights in Content on KickballLegends.
KickballLegends owns and retains all proprietary rights in the Web site, App and the Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of KickballLegends, and its licensors.
Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Content Posted on the Site.
- You understand and agree that KickballLegends may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of KickballLegends violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- Your profile must describe you, an individual person.
Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- By posting Content to any public area of KickballLegends, you automatically grant, and you represent and warrant that you have the right to grant, to KickballLegends an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. KickballLegends reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
You must use the Service in a manner consistent with any and all applicable laws and regulations.
You may not include in your Member profile any telephone numbers, street addresses, URLs or email addresses.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in you notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement can be reached as follows through email at admin@KickballLegends.com.
You are solely responsible for your interactions with other KickballLegends Members.
KickballLegends.com. reserves the right, but has no obligation, to monitor disputes between you and other Members.
KickballLegends is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service.
KickballLegends is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service.
KickballLegends assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
KickballLegends is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will KickballLegends be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and KickballLegends expressly disclaims any warranty of fitness for a particular purpose or non-infringement. KickballLegends cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from KickballLegends or through or from the service shall create any warranty not expressly stated herein.
Limitation on Liability. In no event will KickballLegends be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if KickballLegends has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, KickballLegends's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to KickballLegends for the Service during the term of membership.
If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of Maryland without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the state and federal courts of the State of Maryland, City of Laurel.
You agree to indemnify and hold KickballLegends, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between KickballLegends and any User of the Service.
This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and KickballLegends regarding the use of the Web site and/or the Service.
The failure of KickballLegends to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
- is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- displays pornographic material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.