Please read these Terms of Service ("Agreement") carefully before using OurLeagues.com and the other services (collectively, the "Services"), content, and/or mobile applications provided by OurLeagues™, LLC (a Kentucky corporation, collectively with its agents, representatives, consultants, employees, officers, and directors, "OurLeagues," "we," or "us").
By using or accessing the Services, you ("Subscriber" or "you") agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services.
You may not, without express prior written permission, do any of the following while accessing or using the Services:
The Services may change and evolve, and their form and functionality may change without prior notice to you. OurLeagues, LLC retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. OurLeagues, LLC may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. OurLeagues, LLC may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). OurLeagues, LLC may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
You may not use the Services, provide any personal information to OurLeagues, LLC, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address) if you are under the Minimum Age. The Minimum Age is (i) thirteen (13), or (ii) for users in the European Union, sixteen (16) (or the lower age that your country has provided for you to consent to the processing of your personal data) . You may only use the Services if you can form a binding contract with OurLeagues, LLC and are not legally prohibited from using the Services.
As a condition to using certain of the Services and in order for us to provide them to you, you may be required to create an account (an " Account"), provide your age and an email address and select a password and OurLeagues.com username, which will serve as a default link to your default OurLeagues.com homepage.
You agree to provide OurLeagues.com with accurate, complete, and updated registration information, particularly your email address.
It is very important that the email address associated with your OurLeagues.com account is accurate and up-to-date since a working email address is often the only way for us to identify or recover your account.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify OurLeagues.com immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
For purposes of this Agreement:
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and OurLeagues, LLC and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content.
You retain ownership you have of any intellectual property you upload to OurLeagues, LLC.
Subscribers shall not submit/upload any content to which there would be a copyright infringement of another’s works. Also, Subscribers shall not upload pornographic or offensive, abusive, or bullying materials (text, images, and/or video). OurLeagues, LLC wants to maintain the Services as a family-friendly community where subscribers can participate without concern for an offensive or abusive experience.
When you provide Subscriber Content to OurLeagues, LLC through the Services, you grant OurLeagues, LLC a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available). The rights you grant in this license are for the limited purposes of allowing OurLeagues, LLC to operate the Services in accordance with their functionality, improve and promote the Services, and develop new Services.
When you upload your creations to OurLeagues, LLC, you’re giving us permission to make them available in all the ways you would expect us to (for example, via your league and team pages, RSS, the OurLeagues.com user dashboard, etc.). We never want to do anything with your work that surprises you.
You also agree that this license includes the right for OurLeagues, LLC to make all publicly-posted Content available to third parties selected by OurLeagues, LLC, so that those third parties can syndicate and/or analyze such Content on other media and services.
An example of what it means to "make all publicly-posted Content available" to a OurLeagues, LLC partner for distribution or analysis would be licensing the OurLeagues.com feed of all public activity on OurLeagues.com, to partners such as search engines.
One thing you should consider before posting: When you make something available on the Internet, it becomes practically impossible to take down all copies of it.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
OurLeagues, LLC has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the "DMCA"). The address of OurLeagues, LLC's Designated Agent for copyright takedown notices ("Designated Agent") is listed below. You may submit a notice under the DMCA using our copyright notice form.
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with OurLeagues, LLC by providing the following information to the Designated Agent at the address below:
Upon receipt of a valid counter-notification, OurLeagues, LLC will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If OurLeagues, LLC does not receive any such notification within ten (10) days, we may restore the material to the Services.
Attn: Copyright Agent
P.O. Box 21651
Owensboro, KY 42302
Copyright Notice Form
You agree that you won't violate OurLeagues, LLC's Community Guidelines.
Any use of the OurLeagues trademark, logos, branding or other intellectual assets is restricted. External application of these assets shall be approved by OurLeagues, LLC prior to usage.
Although not all features of the OurLeagues, LLC service require payment, those that do are listed in US dollars. All fees in connection with these service features are due upfront and do not grant you rights beyond usage of the service as it pertains to your account.
Service pricing can be changed at any time and prior notice will be provided to the extent possible. Purchases are final. Prorated refunds may be given at the discretion of OurLeagues, LLC.
Services Available on an "AS IS" Basis
YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, OURLEAGUES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OURLEAGUES, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SERVICES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) BE ENTIRELY SECURE OR THAT THE INFORMATION YOU SHARE WITH US WILL BE SECURE. OURLEAGUES, LLC ALSO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO CONTENT; SUBSCRIBER CONTENT, IN PARTICULAR, IS PROVIDED BY AND IS SOLELY THE RESPONSIBILITY OF, THE SUBSCRIBERS PROVIDING THAT CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OURLEAGUES, LLC OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OURLEAGUES, LLC AND THE OURLEAGUES, LLC AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OURLEAGUES, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF OURLEAGUES, LLC AND THE OURLEAGUES, LLC AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
You agree that any claim you may have arising out of or related to this Agreement or your relationship with OurLeagues, LLC must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, OurLeagues, LLC and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, OurLeagues, LLC (the “OurLeagues, LLC Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.
OurLeagues, LLC provides products and services and enables a global community for individuals to share and follow the things they love. OurLeagues, LLC's servers and operations are, however, located in the United States, and OurLeagues, LLC's policies and procedures are based on United States law. As such, the following provisions apply specifically to Subscribers located outside of the United States: (1) you acknowledge that we will transfer, store, and process your information, including but not limited to Subscriber Content and any personal information, in the United States and/or other countries in order to provide you with the Services and perform this Agreement; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Services.
You and OurLeagues, LLC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and OurLeagues, LLC otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the laws of the State of Kentucky as they apply to agreements entered into and to be performed entirely within Kentucky between Kentucky residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against OurLeagues, LLC must be resolved exclusively by a state or federal court located in Daviess County, Kentucky, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Daviess County, Kentucky for the purpose of litigating all such claims or disputes.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Kentucky, excluding choice of law.
This Agreement, as modified from time to time, constitutes the entire agreement between you and OurLeagues, LLC with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with OurLeagues, LLC's prior written consent. OurLeagues, LLC may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint controllership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind OurLeagues, LLC in any respect whatsoever. Any notice to OurLeagues, LLC that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to
Attn: Legal Department
P.O. Box 21651
Owensboro, KY 42302
OurLeagues, LLC reserves the right to modify this agreement at any time and at its sole discretion. We will post the revised agreement through the service and provide notice to subscribers either through the service itself or via email communications.
It is your responsibility to review the modifications to the agreement and your continued use of the services after the modified agreement has been posted constitutes your acceptance of the modified agreement.
Termination of this agreement can occur at any time and can be initiated by either party by notifying the other party. OurLeagues, LLC reserves the right to terminate or suspend access to your account at our discretion and without prior notice or liability, for any or no reason. Examples of what could cause OurLeagues to do so would be the repeated infringement of others' copyrights, uploading of pornographic or offensive materials (text, images, and/or video), abuse or bullying of other members, etc.
If your account is terminated or suspended, your access to the use of the service and your provided content will immediately be revoked.