Terms of Service
Last Updated November 2022
TERMS OF SERVICE
IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued access to or use of the Services after the date such revised Terms are posted.
The information provided through our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Services from locations outside of the jurisdiction where we are based do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
OUR SERVICES, INCLUDING ANY SOFTWARE CONNECTED TO OR ASSOCIATED WITH THE SERVICES, IS ONLY INTENDED FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE. IT IS A VIOLATION OF OUR TERMS TO DOWNLOAD THE SOFTWARE APPLICATION ONTO PHONES OWNED BY MINORS YOUNGER THAN THIRTEEN (13) YEARS OF AGE (“MINORS”). MINORS NOT ALLOWED TO USE ANY OF OUR SERVICES IN ANY WAY UNLESS THEY ARE UNDER THE DIRECT SUPERVISION OF THEIR PARENT OR LEGAL GUARDIAN. SCOREBOARD WILL IMMEDIATELY DEACTIVATE ACCOUNTS THAT VIOLATE OUR AGE REQUIREMENTS. IN ADDITION, ANY RESPONSIBLE PARENT OR LEGAL GUARDIAN WILL BE REQUIRED TO PAY SCOREBOARD A FEE OF ONE HUNDRED DOLLARS ($100) PER EACH VIOLATION OF THIS POLICY, AS LIQUIDATED DAMAGES FOR THE TIME AND EXPENSE WE UNDERTAKE TO PROSECUTE VIOLATIONS OF OUR AGE REQUIREMENTS AND TO PROTECT ALL OF OUR USERS.
As a condition of accessing and using our Services, you agree to defend, protect, indemnify and hold Scoreboard, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
your use of the Services;
a breach of these Terms;
any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Services, and/or your making available thereof to other users of the Services;
any activity related to your use of the Services, be it by you or by any other person accessing your Account with or without your consent, unless such activity was caused by the act or default of Scoreboard.
Business or Non-profit Use of Our Services
If you are using our Services on behalf of a business or non-profit entity, that entity accepts these Terms. Such business or non-profit entity will hold harmless and indemnify Scoreboard and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Prohibited Uses of Our Services
You must follow any and all policies made available to you on or through the Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with these Terms, or if we suspect misconduct, in our sole and absolute discretion.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
Specifically, by accessing or using our Services, you agree not to:
Reproduce, copy, modify in any material manner, or remove Scoreboard’s proprietary marks, logos or notices;
Lease, resell or redistribute any of our Services;
Use the Services in connection with any commercial endeavors;
Provide access to or give the Services or any part or portion of the Services to a third party;
Reverse engineer the Services;
Make the Services available on any file-sharing platform;
Harm, as determined in our sole discretion, Scoreboard, the Services, other users or third parties or their use and/or experience with the Services with, including but not limited to, the uploading of malicious software, viruses, spyware, malware, cookies, bugs, keyloggers, or any other materials which are hereby expressly prohibited;
Use the Services in connection with any legal matters that are frivolous, immaterial, illegal, lack merit, involve extra-jurisdictional laws, or have been pursued for an excessive or unreasonable amount of time as determined by us;
Use the Services in connection with perpetrating, aiding or abetting a crime or fraudulent activity;
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Make any unauthorized use of the Services, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mails, or creating user Accounts by automated means or under false pretenses;
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and/or the content contained therein;
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct;
Use any information obtained from the Services in order to harass, abuse, or harm another person;
Use any information obtained from the Services to make any statement or take any action that is in violation of any user’s civil or other rights;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
Engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Interfere with, disrupt, or create an undue burden on the Services or the networks or servers connected to the Services;
Attempt to impersonate another user or person or use the username of another user;
Sell or otherwise transfer your profile;
Use the Services in a manner that violates any applicable law, regulation or these Terms;
Permit any third party to use the Services in a manner that violates any applicable law, regulation or these Terms.
Creating an Account
You may need to create a Scoreboard Account (an “Account”) in order to use some of our Services. You may create your own Account, or your Account may be assigned to you by the administrator in charge of a given fundraising campaign (the “Administrator”). If you are using an Account assigned to you by an Administrator, different or additional terms may apply, and your Administrator may be able to access or disable your Account. The Administrator is responsible for providing users with Accounts with any additional terms and conditions to which the user and/or the Account are subject.
To protect your Account, keep your password confidential. You are responsible for any and all activities that occur on or through your Account. We recommend that you not reuse the same Account password on other third-party applications, and that you exercise caution when logging into your Account from publicly-accessible devices.
Intellectual Property Rights
Except as expressly set forth in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights, to any individual or entity. You agree that our Services and our content are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
The Services may include various product names, business names, logos, slogans and other marks in which we have a registered trademark interest or other protectable interest (collectively “Scoreboard’s Property”). It may also include product names, business names, logos, slogans and other marks in which others have a protectable interest (collectively “Other Materials”). You may not copy, download, display, distribute, modify or sublicense any of Scoreboard’s Property or Other Materials without the prior express written permission of the appropriate owners. You also may not remove, obscure, or alter any legal notices displayed within or otherwise in connection with our Services.
User Content; Submission and License
Our Services may from time to time allow users to post images, audio, text, video, links to other sites, or other content to the Site (collectively “User Content”). Neither Scoreboard nor any of its affiliates endorses these entities or individuals nor are we in any way associated with any of the materials that they may post on or through the Services. Neither Scoreboard, its subsidiaries, affiliates, officers, agents, predecessors and successors in interest shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these entities or individuals or in connection with any conduct of these entities or individuals.
You retain ownership of any intellectual property rights that you hold in that User Content. In short, what belongs to you stays yours. However, when you provide User Content to us, you give Scoreboard (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your User Content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such User Content. The rights you grant us with this license are for the limited purposes of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services or are terminated from using our Services.
Each user who posts any User Content acknowledges and agrees that we have the right, in our sole discretion, to take down, remove or alter any and all User Content that we deem to be inappropriate, illegal or otherwise offensive. Any user who posts any User Content hereby represents that such User Content does not violate any third-party intellectual property rights. By posting any User Content to the Services, you hereby agree to indemnify us from any damages and claims related to the User Content, including but not limited to any infringement, misappropriation, libel or other claims
We may review User Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display any User Content that we believe, in our sole and absolute discretion, violates our policies or the law. But that does not necessarily mean that we review content with any particular frequency or method, so please don’t assume that we do.
Some of our Services may offer you ways to access and remove User Content on your own. Additionally, some of our Services include terms or settings that narrow the scope of our use of the User Content submitted through those Services.
Our automated systems may analyze your User Content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the User Content is sent, received, and stored.
If you have an Account, you grant us permission to publish your Profile Name, Profile Photo, and actions you take on the Services or on third-party applications connected to your Account (such as +1’s, reviews you write and comments you post), including publication in ads and other commercial contexts. We will respect the choices you make within your Account to limit sharing or visibility settings.
OUR SERVICES MAY FROM TIME TO TIME DISPLAY CONTENT THAT IS NOT OUR OWN. CURRENTLY, OUR COMPANY UTILIZES SOFTWARE FROM THIRD-PARTY PROVIDERS SUCH AS APPLE, GOOGLE, YOUTUBE, FAMILY WATCHDOG, AND GODADDY. WE WILL DO OUR BEST TO DISCLOSE ALL OTHER THIRD-PARTY PROVIDERS WHO MAY HAVE ACCESS TO THE PERSONAL INFORMATION THAT OUR USERS HAVE INPUTTED INTO THE SOFTWARE ASSOCIATED WITH THE SERVICES. IF WE INADVERTENTLY FAIL TO NOTIFY OUR USERS ABOUT A THIRD-PARTY PROVIDER WHO WILL HAVE ACCESS TO OUR USERS’ PERSONAL INFORMATION, WE ARE COMMITTED TO PROMPTLY MAKING THE PROPER DISCLOSURES AS SOON AS WE UNCOVER THE ERROR. ANY CONTENT PROVIDED BY THIRD-PARTY PROVIDERS IS THE SOLE RESPONSIBILITY OF THE ENTITY THAT MAKES THEM AVAILABLE. PLEASE REVIEW THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD PARTIES WE HAVE DISCLOSED TO YOU. BY WAY OF NON-EXCLUSIVE EXAMPLE, YOUTUBE’S TERMS OF SERVICE CAN BE FOUND HERE. By uploading videos to our service, you are also agreeing to be bound by the YouTube Terms of Service. As previously mentioned, the YouTube Terms of Service can be found at https://www.youtube.com/t/terms.
We reserve the right, but we are under no obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such individual to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
Communications with Users
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of these communications.
When registering for a fundraiser with Scoreboard you are accepting that Scoreboard, LLC can send you SMS (text) messages as part of the fundraiser you are participating in. The messages are typically to notify you of special dates and any award that you might have earned. These SMS (text) messages will only occur during your fundraiser. To stop the text messages you can leave the fundraiser through the More menu. Additional messages will not be sent after the conclusion of your fundraiser.
Accessing and using our Services, sending us emails or chat messages, and filling in requested information constitute electronic communications. By taking any such actions, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, including via email and on the Services, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, transactions, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payment or the granting of credits by any means other than electronic means.
Safe Use of Our Services
Our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws, or which could otherwise lead to physical harm to yourself, others, or property.
About Software in our Services
When one of our Services requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
You are prohibited from copying, modifying, distributing, selling, or leasing any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these Terms.
Modifying and Terminating Our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop portions of the Services altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Scoreboard may also stop providing Services to you, or add or create new limits to our Services, at any time.
We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking access), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or any applicable law or regulation. We may terminate your use of or participation in the Services or delete your Account and any content or information that you posted at any time, without warning, at our sole discretion.
If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We believe that you own your data and preserving your access to such data is important. If we discontinue one of our Services or terminate your Account, where reasonably possible, we will provide you with notice and a chance to extract your data or information from the Services.
Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Nothing contained in the Services or in any written or oral communications from Scoreboard or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed. We make no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of content on the Services or that the functionality of the Services will be uninterrupted, error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Services is at your sole risk.
NEITHER SCOREBOARD NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS,” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY PROVIDE FOR THE EXISTENCE OF CERTAIN WARRANTIES OR PROHIBIT THEIR EXCLUSION. HOWEVER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Limitation of Liability
In no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Services, or any access to or use thereof.
UNDER NO CIRCUMSTANCES SHALL SCOREBOARD, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, EVEN IF SCOREBOARD HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL SCOREBOARD HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE TERMS OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF SCOREBOARD HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Scoreboard and sole remedy available to any user in any case in any way arising out of or relating to the Terms or the Services shall be limited to monetary damages that in the aggregate may not exceed the sum of any amount actually paid by the user to Scoreboard for the Services.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future.
These Terms and our legal obligations hereunder are subject to the laws of the State of Wisconsin, United States of America, regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in the State of Wisconsin, United States of America, in all disputes arising out of or relating to the Services.
In the event that Scoreboard is successful in whole or in part in any action or proceeding related to or arising from these Terms, you shall be responsible for Scoreboard’s attorneys’ fees and costs.
These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or your access to and use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
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