End-User Agreement For Android App

Last Updated:  July 15th 2014 (Application ver. 1.0)




TERMS OF USE

BY USING THIS SIDELINE ACCESS MOBILE APPLICATION (THE “APPLICATION”), YOU (THE “USER”) ACCEPT THESE TERMS OF USE (“TERMS”).  THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE APPLICATION, BETWEEN USER AND SIDELINE ACCESS, A DIVISION OF VENTURETECH, LLC, INCLUDING ITS SUBSIDIARY, RELATED, AND AFFILIATED COMPANIES (INDIVIDUALLY OR COLLECTIVELY).  BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS.  SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE.  THESE TERMS ARE AVAILABLE ON THE APPLICATION’S SETTINGS/LEGAL/TERMS OF USE SCREEN.  CONTINUED USE OF THE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.


Age Restriction

If you are under the age of eighteen (18) you must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms.  Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately uninstall this Application and discontinue its use.



Incorporation of Related Terms

These Terms incorporate and supplement the Google, Inc. (“Google”) Terms and Conditions (available at https://play.google.com/intl/en_us/about/play-terms.html), including without limitation the Licensed Application End User Agreement therein (“Google Terms of Service”).  In addition, these Terms also incorporate and supplement other terms, conditions, and policies of Sideline Access, including without limitation, conditions, and other policies, the location and terms of which may be changed from time-to-time.


End-User License

Subject to these Terms, Sideline Access grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal use only on an devices running Google Android Operating System (“Android Device”) owned or controlled by User as permitted by the Usage Rules contained in the Google Terms and in accordance with these Terms (“User License”).  Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited.  This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.


User Information

Application features, such as, feedback, account management, and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, virtual, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”).  By acknowledging and agreeing to this Agreement, or by using the Application, User consents to the transmission of User Information to Sideline Access, including its agents and third-party partners, and consents to Sideline Access, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in one or more of the Sideline Access Privacy Policies identified in this Agreement.




Prohibited Uses

Use of the Application is limited to the contemplated functionality.  The Application shall not be used in any way that,


  1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);


  2. is unlawful, fraudulent, or deceptive;


  3. uses technology or other means to access unauthorized content or non-public spaces;


  4. uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;


  5. attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;


  6. attempts to damage, disable, overburden, or impair Sideline Access servers or networks;


  7. attempts to gain unauthorized access to a Sideline Access computer network;


  8. attempts to gain unauthorized access to Sideline Access’ user accounts;


  9. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;


  10. violates these Terms in any manner; or


  11. fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).




Sideline Access reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application, that Sideline Access reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.


Indemnification

User agrees to indemnify and hold harmless Sideline Access, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof.  Sideline Access reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.


No Warranties

SIDELINE ACCESS IS PROVIDING THE APPLICATION AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED.  THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK.  TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, SIDELINE ACCESS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.


No Liability



TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SIDELINE ACCESS OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION.  SIDELINE ACCESS, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.

In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall Sideline Access, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.


Intellectual Property



SIDELINE ACCESS, VENTURETECH, LLC, the Sideline Access logo, and other Sideline Access trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Sideline Access or other companies of VentureTech, LLC (collectively “Sideline Access”).  Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”).  The Sideline Access Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Sideline Access or the applicable trademark holder.  The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Sideline Access or the owner of the Content.


Choice of Law, Jurisdiction



These Terms are governed by the laws of the State of Arkansas, United States of America, without regard to Arkansas’ conflict of laws rules.  The User irrevocably consents to the exclusive jurisdiction of the state courts in Washington County, Arkansas, United States of America and the federal courts in the United States District Court for the District of Fayetteville, Arkansas, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.


Severability



If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.  Failure of Sideline Access to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.


Modification of these Terms



Sideline Access reserves the right to change or modify these Terms or any other Sideline Access terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the Sideline Access Terms of Use or within this Application.  Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications.  Only a specific, written waiver signed by an authorized representative of Sideline Access shall have any legal effect as a waiver by Sideline Access of any Terms of this Agreement.


Third Party Beneficiary



User agrees that Sideline Access’ service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.


Advertisement

Sideline Access and the School, its employees and agents do not represent nor endorse the accuracy or reliability of any of the advertisements displayed on, distributed through or accessed from the app. Also, the advertisements do not constitute an endorsement of any advertiser by Sideline Access or the School.


Contact Us



If you have any questions regarding our privacy practices, you can email us at feedback@sidelineaccess.com.