Terms & Conditions
Terms and Conditions
Updated on 3/12/2015
The Uphoria™ application and related software and/or services, including wifi services, (the “Services”) is owned and operated by FanThreeSixty, LLC, a Kansas limited liability company and licensed to Sporting Innovation’s clients and partners, including but not limited to teams, stadiums and leagues (hereinafter referred to as either “FanThreeSixty,” “we,” “us” or “our”) and are subject to these Terms and Conditions (“Terms and Conditions” or “Agreement”). These Terms and Conditions are intended to make you aware of the terms and conditions of your use of the Services, any content, or other products or services that are offered or provided by FanThreeSixty or its partners or affiliates.
ACCEPTANCE OF TERMS AND CONDITIONS
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you use the Services. By using the Services, you agree to be bound by the terms and conditions of this Agreement. The disclaimers, terms and conditions herein are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by FanThreeSixty or its partners or affiliates, including through a registration process or other means. In the event of a conflict between the Terms and Conditions and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS THE APP OR REGISTER OR BUY ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE APP. FanThreeSixty reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions at any time by posting the amended terms on the Services. If we post amended terms on the Services, you may not use the Services or any products or services offered through the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the Services. This Agreement may not be otherwise amended except in writing signed by you and FanThreeSixty.
FanThreeSixty is willing to license, not sell, the Services to you only upon the condition that you accept all the terms contained in this Agreement. By signing up with or by using the Services, you indicate that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then FanThreeSixty is unwilling to license the Services to you.
The Services is generally available on FanThreeSixty's website, through Google Play, the Apple Services Store and potentially other mobile application marketplaces. The following applies to any version of the Services that you acquire from the Apple Services Store. This Agreement is entered into between you and FanThreeSixty. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Services. FanThreeSixty, not Apple, is solely responsible for the Services and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You may not use the Services and may not accept these Terms and Conditions if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
A copy of this document can be received by emailing your request to email@example.com or by visiting http://www.sporting-innovations.com/.
Subject to your assistance of this Agreement, FanThreeSixty hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Services solely for your own personal, non-commercial purposes. All rights not otherwise expressly granted by these Terms and Conditions are reserved by FanThreeSixty. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Services. FanThreeSixty may discontinue or alter any aspect of the Services, remove Content from the Services, restrict the time the Services is available or restrict the amount of use permitted at FanThreeSixty's sole discretion and without prior notice or liability. You further agree that such measures shall be taken in FanThreeSixty's sole discretion and without liability to you or any third party.
Unless otherwise specifically noted in these Terms and Conditions or on or in the Services, images, trademarks, service marks, logos and icons displayed on the Services are the property of FanThreeSixty and/or its licensors and may not be used without FanThreeSixty's prior written consent. Any unauthorized use of any Content, whether owned by FanThreeSixty or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Services or any part thereof or grant any other person or entity the right or access to do so.
SOCIAL MEDIA AND NETWORKING SITES
As part of the functionality of the Services, you may be able to login through online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (1) providing your Third Party Account login information through the Services; or (2) allowing FanThreeSixty to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to FanThreeSixty and/or grant FanThreeSixty access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating FanThreeSixty to pay any fees or making FanThreeSixty subject to any usage limitations imposed by such third party service providers. By granting FanThreeSixty access to any Third Party Accounts, you understand that: (1) FanThreeSixty may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Content”) so that it is available on and through the Services via your account, including without limitation any friend, contacts or following/followed lists, and (2) FanThreeSixty may submit and receive additional information to your Third Party Account as indicated herein.
Unless otherwise specified in this Agreement, all Social Content, if any, shall be considered to be your Information and your content for purposes of this Agreement. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through the Services. Please note that if a Third Party Account or associated service becomes unavailable or the Services’s access to such Third Party Account is terminated by the third party service provider, then Social Content may no longer be available on and through the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. FanThreeSixty makes no effort to review any Social Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and FanThreeSixty is not responsible for any Social Content.
You acknowledge that the Services may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by FanThreeSixty or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content posted by users via the Services or provided to FanThreeSixty by third parties (“User Content”) is the intellectual property of the specific users of the Services who post or provide such User Content. By posting, entering, delivering or acknowledging the accuracy of User Content, you personally hereby grant to FanThreeSixty a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, transmit, sell, sublicense and create derivative works and compilations for commercial purposes, based on or incorporating such User Content.
FanThreeSixty does not generally monitor or otherwise remove User Content after it is posted on the Services except as required or permitted by law or otherwise in the sole discretion of FanThreeSixty, and reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms and Conditions. FanThreeSixty does not make any warranties or representations regarding any of the User Content. FanThreeSixty does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. FanThreeSixty is not and will not be liable for any Content, Social Content or User Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable.
As a service to our users, we may provide information about other resources that may be of interest to you. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content by FanThreeSixty is not intended to be an endorsement, sponsorship or recommendation by FanThreeSixty. Please be aware that when you exit the Services, you are subject to the policies of any new site or application which you enter. You further acknowledge and agree that FanThreeSixty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or service available on or through any third-party site or resource.
EMAIL AND TEXT COMMUNICATIONS
E-mail communications and text messages sent from FanThreeSixty or through FanThreeSixty are designed to make your experience more effective, efficient and entertaining. By becoming a user of the Services, you specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us or through us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential promotions and offers and emails or text messages informing you of new and existing features FanThreeSixty, its partners or affiliates, provides. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. FanThreeSixty reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, please do not use the Services.
FanThreeSixty may disclose information to trusted licensees, affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, the FanThreeSixty may transfer information collected from users in connection with a sale or restructuring of FanThreeSixty.
You hereby represent and warrant to FanThreeSixty that you (1) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under this Agreement; (2) all information provided by you to FanThreeSixty is truthful, accurate and complete; and (3) you will comply with the terms and conditions of these Terms and Conditions and any other agreement to which you are subject that is related to your use of the Services or any part thereof. For any User Content that you post via the Services, you hereby represent and warrant that: (a) you are owner of such User Content or otherwise have the right to grant FanThreeSixty the licenses granted pursuant to this Agreement; (b) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Content will not result in harm or personal injury to any third party.
You agree that you will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate your use of the Services if you have misused the Services or any products or services accessed through the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. With respect to your participation on the Services or through any services or products accessed through the Services, you agree that you will not: (1) impersonate any person or entity; (2) “stalk” or otherwise harass any person; (3) express or imply that any statements you make are endorsed by FanThreeSixty, without our specific prior written consent; (4) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (5) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (6) remove any copyright, trademark or other proprietary rights notices contained in the Services; (7) interfere with or disrupt any services provided through the Services or the servers or networks connected to the Services; (8) post, email or otherwise transmit any material that contains software viruses 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; (9) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; or (10) “frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to FanThreeSixty or the FanThreeSixty Services in order to direct any person to any other web site for any purpose.
You further agree that your information and your interactions on the Services shall not: (1) be false, inaccurate or misleading (directly or by omission or failure to update information); (2) infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (3) violate any law, statute, ordinance or regulation; (4) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (5) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (6) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (7) create liability for FanThreeSixty; or (8) link directly or indirectly to any other web sites. You further agree that you will not transfer, use, or sell your account information to any another party.
We reserve the right, but we have no obligation, to reject any person that does not comply with these prohibitions.
Location data provided through the Services is for basic location purposes only and the marketing and provision of certain products and services and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither FanThreeSixty, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or offers or promotions provided by the use of location data.
Any of your information, including geolocational data, you upload, provide, or post through the Services may be accessible to certain other users and third parties. We cannot verify or guarantee the accuracy of the information provided to us through the Services, and we do not control the information provided by others that is made available through use of the Services. Therefore, FanThreeSixty cannot and does not confirm each person’s purported identity. You may find information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Services. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the Services, you agree to accept such risks and FanThreeSixty is not responsible for the acts or omissions of users on the Services.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
EXCLUSION OF WARRANTIES / DISCLAIMER
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE APP OR THE SERVICE, AND ANY FANTHREESIXTY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. ALTHOUGH FANTHREESIXTY USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE APP AND THROUGH THE SERVICE IS AS ACCURATE AS POSSIBLE, FANTHREESIXTY GIVES NO WARRANTY OF ANY KIND REGARDING THE APP OR THE SERVICE AND/OR FANTHREESIXTY CONTENT posted or otherwise made available therein. FURTHER, FANTHREESIXTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY FANTHREESIXTY CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE APP OR THE SERVICE OR FANTHREESIXTY CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE APP OR THE SERVICE OR FANTHREESIXTY CONTENT WILL MEET YOUR EXPECTATIONS. FANTHREESIXTY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE APP, THE SERVICE OR FANTHREESIXTY CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.
ANY FANTHREESIXTY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH FANTHREESIXTY CONTENT OR MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANTHREESIXTY SHALL NOT 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 (EVEN IF FANTHREESIXTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APP; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM the inability to access or utilize ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP OR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE APP OR THE SERVICE. IN NO EVENT SHALL FANTHREESIXTY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services and any products or services provided through the Services may be temporarily unavailable from time to time for maintenance or other reasons. FanThreeSixty 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, communications. FanThreeSixty is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Services, on any web site or any combination thereof, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Services and/or in connection with any products or services offered through the Services.
RELEASE AND INDEMNIFICATION
You agree to release FanThreeSixty, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Services and the Service. If at any time you are not satisfied with the Services or object to any material within the Services, your sole remedy is cessation of use thereof. you agree to defend, indemnify and hold harmless FanThreeSixty, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (1) your access to or use of the Services or any part thereof, (2) any User Content you post via the Services, (3) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (4) infringement or misappropriation of any intellectual property or other rights of FanThreeSixty or third parties by you, or (5) any negligence or willful misconduct by you.
GOVERNING LAW AND MISCELLANEOUS ITEMS
The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of Missouri, without regard to its conflicts or choice of laws principles.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to FanThreeSixty which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that FanThreeSixty has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies FanThreeSixty may have. The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.
COPYRIGHT AND COPYRIGHT NOTICES
FanThreeSixty respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FanThreeSixty's Copyright Agent the following information:
an electronic or physical signature of the owner or 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 Services sufficient to allow us to locate the allegedly infringing material;
your address, telephone number, and email address;
a 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; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact FanThreeSixty's Copyright Agent for Notice of Claims of copyright infringement at: support@theUphoria.com. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
This Services is operated by FanThreeSixty. All inquiries may be directed to:
1511 Baltimore Ave
Kansas City, MO 64108