TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“EULA”)
Effective: April 10, 2013
The following terms of service and end user license agreement (“EULA”) constitute
an agreement between you and Theteamscore (“Theteamscore”). This EULA governs your
use of Software and Services (as specified below). For purposes of this EULA "Software"
means all software programs made available by Theteamscore including, but not limited
to mobile games, downloadable/installable games for personal computer, and games
accessed by means of a browser or other online communication method. Software also
includes updates and upgrades as well as accompanying manual(s), packaging and other
written, files, electronic or on-line materials or documentation, and any and all
copies of such software and its materials. “Services” means all services made available
by Theteamscore, including but not limited to services accessed through mobile games,
by means of a browser or by other online communication method. Software and Services
are collectively referred to as “Theteamscore Services”. THE SOFTWARE IS LICENSED,
NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS
AND CONDITIONS SET FORTH IN THIS EULA.BY INSTALLING, USING OR ACCESSING THE THETEAMSCORE
SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE THETEAMSCORE SERVICES, YOU HEREBY
ACCEPT THE TERMS OF THIS EULA. If you do not accept the terms of this EULA, do not
install, use or access the Theteamscore Services.
1 LICENSE
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, Theteamscore
hereby grants you a non-exclusive, non-transferable, non-sub licensable, limited
right and license to use one copy of the Software for your personal non-commercial
use for gameplay on a single computer or gaming unit, unless otherwise specified
in the Software documentation. The rights granted herein are subject to your compliance
with this EULA. The Software is being licensed to you and you hereby acknowledge
that no title or ownership in the Software is being transferred or assigned and
this EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, Theteamscore
hereby grants you a non-exclusive, non-transferable, non- sub licensable, limited
right and license to use the Services as provided by Theteamscore, for your personal
non-commercial use, in the manner permitted by this EULA. The rights granted herein
are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on
the date that you accept this EULA and install or otherwise use the Software and/or
Services and ends on the earlier date of either your disposal of the Software and/or
Services or Theteamscore's termination of this EULA. Your license terminates immediately
if you attempt to circumvent any technical protection measures used in connection
with the Software and/or Services or you otherwise use the Software and/or Services
in breach of the terms of this EULA.
OWNERSHIP; NO OTHER LICENSES. Theteamscore retains all right, title and interest
in and to the Theteamscore Services, including, but not limited to, all copyrights,
trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer
codes, audiovisual effects, themes, characters, character names, stories, dialog,
settings, artwork, sound effects, musical works, and moral rights whether registered
or not and all applications thereof. The Theteamscore Services are protected by
applicable laws and treaties throughout the world. Unless expressly authorized by
mandatory legislation, the Theteamscore Services may not be copied, reproduced or
distributed in any manner or medium, in whole or in part, without prior written
consent from Theteamscore. All rights not expressly granted to you herein are reserved
by Theteamscore.
2 GENERAL LICENSE CONDITIONS You agree not to: (i) commercially exploit the
Theteamscore Services; (ii) distribute, lease, license, sell, rent, lend, convey
or otherwise transfer or assign the Theteamscore Services, any copies thereof, or
any passwords or usernames of Theteamscore Services, without the express prior written
consent of Theteamscore or as set forth in this EULA; (iii) make a copy of the Theteamscore
Services or any part thereof, including but not limited to Software (other than
as set forth herein); (iv) make the Theteamscore Services publicly available or
available on a network for use or download by multiple users; (v) except as otherwise
specifically provided by the Theteamscore Services or this EULA, use or install
the Theteamscore Services (or permit others to do same) on a network, for on-line
use, or on more than one computer or gaming unit at the same time; (vi) use or copy
the Theteamscore Services at a computer gaming center or any other location-based
site; provided, that Theteamscore may offer you a separate site license agreement
to make the Theteamscore Services available for commercial use; (vii) reverse engineer,
decompile, disassemble, translate, prepare derivative works based on or otherwise
modify the Theteamscore Services, in whole or in part; (viii) remove, obscure or
modify any copyright, trademark or other proprietary rights notices, marks or labels
contained on or within the Theteamscore Services, falsify or delete any author attributions,
legal notices or other labels of the origin or source of the material; (ix) misrepresent
the source of ownership of the Theteamscore Services; (x) transport, export or re-export
(directly or indirectly) into any country forbidden to receive such Theteamscore
Services by any U.S. or other export laws or accompanying regulations or otherwise
violate such laws or regulations, that may be amended from time to time; or (xi)
scrape, build databases or otherwise create permanent copies of content returned
from the Theteamscore Services. However, with regards to installable Software that
was delivered on a physical storage medium, you may transfer the entire Software
and accompanying documentation on a permanent basis to another person as long as
you retain no copies (including archival or backup copies) of the Software, accompanying
documentation, or any portion or component of the Software accompanying documentation,
and the recipient agrees to the terms of this EULA The Software is intended for
private use only. The Theteamscore Services may include measures to control access
to the Theteamscore Service, prevent unauthorized copies, or otherwise attempt to
prevent anyone from exceeding the limited rights and licenses granted under this
EULA. Only Theteamscore Services subject to a valid license can be used to access
online services, and download updates and patches. You may not interfere with such
access control measures or attempt to disable or circumvent such security features.
If you disable or otherwise tamper with the technical protection measures, the Theteamscore
Services will not function properly. The Theteamscore Services may allow you to
create content, including but not limited to gameplay maps, screenshots or a video
of your game play. In exchange for use of the Theteamscore Services, and to the
extent that your contributions through use of the Theteamscore Services give rise
to any copyright, design right or any other intellectual or industrial property
right you hereby grant Theteamscore an exclusive, royalty-free, perpetual, irrevocable,
fully transferable and sub- licensable worldwide right and license to use your contributions
in any way and for any purpose including, but not limited to the rights to reproduce,
copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise
communicate to the public by any means whether now known or unknown and distribute
your contributions without any further notice or compensation to you of any kind
for the whole duration of protection granted to intellectual and industrial property
rights by applicable laws and international conventions. If not expressly prohibited
by mandatory legislation, you hereby waive any moral rights of paternity, publication,
reputation, or attribution with respect to Theteamscore's and other players' use
and enjoyment of such assets in connection with the Theteamscore Services and related
goods and services under applicable law. This license grant to Theteamscore, and
the above waiver of any applicable moral rights, survives any termination of this
EULA. The Theteamscore Services may require an internet connection to access the
Theteamscore Services or its internet-based features, authenticate the Software,
or perform other functions. In order for certain features of the Theteamscore Services
to operate properly, you may be required to have and maintain (a) an adequate internet
connection and/or (b) a valid and active account with an online service as set forth
in the documentation related to Theteamscore Services. By using the Theteamscore
Services, you acknowledge and agree that third party data transfer fees may apply
depending on your data plan. Please consult your carrier for further information.
If you do not maintain such accounts, then the Theteamscore Services or certain
features of the Theteamscore Services may not operate or may cease to function properly,
either in whole or in part.
3 INFORMATION COLLECTION AND USE; PRIVACY POLICY By installing, accessing
or using the Theteamscore Services, you consent to these information collection
and usage terms, including (where applicable) the transfer of data into a country
outside of the European Union and/or the European Economic Area or the United States
of America. Theteamscore respects your privacy rights and recognizes the importance
of protecting any information collected about you. Theteamscore's privacy policy
as amended from time to time is available at www.theteamscore.com/privacy ("Privacy
Policy") and applicable to this EULA. Theteamscore’s Privacy Policy defines how,
why and to which extent Theteamscore collects and uses personal and non-personal
information in relation to Theteamscore's products and services. By installing,
accessing or using the Theteamscore Services you explicitly agree with the terms
and conditions of Theteamscore’s Privacy Policy and to any terms and conditions
included therein by reference.
4 WARRANTY
4.1 Warranty for Physical software Products Theteamscore warrants to you
(if you are the initial and original purchaser of the Software) that, to the extent
the Software is made available to you on a physical storage medium, the original
storage medium holding the Software is free from defects in material and workmanship
under normal use and service for 90 days from the date of purchase. If mandatory
legislation in your jurisdiction requires longer in excess to the aforementioned
90 days, the length of the warranty is amended accordingly. If for any reason you
find a defect in the physical storage medium during the warranty period, Theteamscore
agrees to replace, free of charge, any physical storage medium and related Software
discovered to be defective within the warranty period as long as the Software is
currently commercially distributed by Theteamscore. If the Software is no longer
available, Theteamscore retains the right to substitute a similar piece of Software
of equal or greater value. This warranty is limited to the physical storage medium
and the Software as originally provided by Theteamscore and is not applicable to
normal wear and tear. This warranty shall not be applicable and shall be void if
the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties
prescribed by statute are expressly limited to the warranty period described above.
When returning the Software subject to the limited warranty above, please send the
original Software only to the Theteamscore address specified below and include:
your name and return address; a photocopy of your dated sales receipt; and a brief
note describing the defect and the system on which you are running the Software.
4.2 No other Warranties NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL
STORAGE MEDIUM SPECIFIED IN SECTION 5.1 ABOVE, AND TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, THE THETEAMSCORE SERVICES ARE PROVIDED TO YOU “AS IS,” WITH
ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES
OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY
QUALITY AND PERFORMANCE RESIDES WITH YOU. THETEAMSCORE, THETEAMSCORE’S LICENSORS
AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED
OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED
USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD
PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR
TRADE PRACTICE. THETEAMSCORE, THETEAMSCORE’S LICENSORS AND CHANNEL PARTNERS DO NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE THETEAMSCORE
SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE THETEAMSCORE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE THETEAMSCORE SERVICES WILL INTEROPERATE
OR BE COMPATIBLE WITH ANY OTHER THETEAMSCORE SERVICES OR THAT ANY ERRORS IN THE
THETEAMSCORE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY THETEAMSCORE,
THETEAMSCORE’S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS
ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5 LIMITATION OF LIABILITY
IN NO EVENT WILL THETEAMSCORE, THETEAMSCORE’S LICENSORS OR CHANNEL PARTNERS BE LIABLE
FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS,
USE OR MALFUNCTION OF THE THETEAMSCORE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES
TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT
PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR
PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA
OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT
LIABILITY OR OTHERWISE AND WHETHER OR NOT THETEAMSCORE, THETEAMSCORE’S LICENSORS
OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES
OF THIS SECTION 5, THETEAMSCORE’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY
BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE
THIS EULA AGAINST YOU. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS
OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE
APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF
LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE
PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS
THAT VARY FROM JURISDICTION TO JURISDICTION. IN NO EVENT SHALL THETEAMSCORE’S, THETEAMSCORE’S
LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY
APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE.
6 OTHER TERMS AND CONDITIONS TERMINATION:
This EULA will terminate automatically if you fail to comply with its terms and
conditions. In such event, you must destroy all copies of the Software and all of
its component parts and cease and desist from accessing any Theteamscore Services.
With regards to Software delivered on a physical storage medium you can end this
EULA by destroying the Software and all copies and reproductions of the Software
and deleting and permanently purging the Software from any client server or computer
on which it has been installed.
EQUITABLE REMEDIES:
You hereby agree that if the terms of this EULA are not specifically observed, Theteamscore
will be irreparably damaged, and therefore you agree that Theteamscore shall be
entitled, without bond, other security or proof of damages, to appropriate equitable
remedies with respect to your breach of any of the terms of this EULA, in addition
to any other available remedies.
INDEMNITY:
You agree to indemnify, defend and hold Theteamscore, its partners, affiliates,
contractors, officers, directors, employees and agents harmless from and against
any and all damages, losses and expenses arising directly or indirectly from: (i)
your acts and omissions to act in using the Theteamscore Services pursuant to the
terms of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS:
This EULA represents the complete agreement concerning this license between the
parties and supersedes all prior agreements and representations between them. It
may be amended only by a written document executed by both parties. If any provision
of this EULA is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable and the remaining provisions
of this EULA shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws
of the State of California, United States of America without reference to its choice
of law rules. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THETEAMSCORE ONLY IN YOUR
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT,
YOU MAY CONTACT info@theteamscore.com
