Terms of Use

February 21, 2020

 

 

These Terms of Use (“Terms”) apply to your use of Tifo. Please read these Terms carefully. By accessing the Tifo application and/or website we assume you accept these Terms in full. DO NOT CONTINUE TO USE TIFO IF YOU ARE UNDER THE AGE OF 18 OR YOU DO NOT ACCEPT ALL OF THE TERMS STATED ON THIS PAGE.

 

 

The following terminology applies to these Terms: "Client", "You" and "Your" refers to you, the person accessing Tifo and accepting the Terms. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

LICENSES

 

Unless otherwise stated, Tifo LLC retains intellectual property rights for all material on Tifo, with the following exceptions:

 

a. User content (examples: photos, videos, posts, etc.) is assumed to be the property of the users uploading the content.  Tifo reserves the right to use this content as described below.  

b. Team and league logos/crests/badges are the property of the respective teams and/or leagues. They are copyright or trademarks owned by the third-party/ies and are used in Tifo to represent their product and competitive contests with other teams. We claim no affiliation or official licensing with the respective team or league.

Tifo LLC gives you a personal, worldwide, non-assignable license to use the software we provide you for use. This license lets you use Tifo solely as permitted by these Terms.

Unauthorized use of any of Tifo’s trademarks, logos, domain names or other distinctive brand features is prohibited.

SERVICE USE

 

You promise to use the service only for lawful purposes, and to not violate the rights of third parties. Our Community Guidelines, which are part of these Terms, contain more information about acceptable and unacceptable uses of the service. Any unacceptable use, including posting or collecting content that is obscene, pornographic, gory, illegal, threatening or harassing, excessively violent or promoting the harm of self or others, may result in immediate termination of your account and suspension of service access in the future.

USER CONTENT

 

a. Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, any text, comments and other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all Tifo content.

 

b. Screening User Content. Tifo offers end users the ability to submit User Content to or transmit User Content through the Service. Tifo does not pre-screen any User Content, but reserves the right to remove, disallow, block, or delete any User Content in its sole discretion. Tifo does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will Tifo be liable in any way for any User Content.

 

c. Licenses to User Content. While you retain ownership of any rights you may have in your User Content, you hereby grant Tifo an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, “ Use”) all or any part of all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting Tifo and the Service; (ii) displaying and sharing your User Content to other users of the Service; and (iii) providing the Service as authorized by these Terms. You further grant Tifo a royalty-free license to use your name, image, voice, and likeness to identify you as the source of any of your User Content. Any User Content posted by you to or through the Service or transmitted to Tifo will be considered non-confidential and non-proprietary, and treated as such by Tifo, and may be used by Tifo in accordance with these Terms without notice to you and without any liability to Tifo.

 

d. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of your Posting your User Content on the Service.

 

e. Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.

 

f. Objectionable Content. You agree not to Post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, or in violation of any applicable laws (including laws related to speech); or (ii) promoting any product, good, or service, or bigotry, discrimination, hatred, intolerance, racism, or inciting violence (including suicide) (collectively, “Objectionable Content”). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in these Terms may be raised as a defense against such third party claims. If you encounter any Objectionable Content on the Service, then please immediately email support@tifo.fan. Tifo in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service.

EXTERNAL LINKS

 

Tifo may contain links to, or the ability to share information with, third party websites (“External Sites”). Tifo does not endorse any External Sites or the content made available on such External Sites. Tifo is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You agree that Tifo will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.

 

CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

 

a. Respect of Third Party Rights. Tifo respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same.

 

b. Repeat Infringer Policy. Tifo’s intellectual property policy is to (i) remove or disable access to material that Tifo believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers.” Tifo considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Service and for whom Tifo has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. Tifo has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Tifo’s own determination.

 

c. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “ Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by Tifo with the user alleged to have infringed a right you own or control, and you hereby consent to Tifo making such disclosure. Your communication must include substantially the following: i. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; ii. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works; iii. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tifo to locate the material; iv. Information reasonably sufficient to permit Tifo to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; v. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

d. Designated Agent Contact Information. Tifo’s designated agent for receipt of Notifications of Claimed Infringement (the “ Designated Agent”) can be contacted at:

 

  • Via E-mail: support@tifo.fan

  • Via U.S. Mail: Tifo – 4101 Tates Creek Centre Dr. Suite 150 - PMB 118 Lexington, KY 40517

e. Counter Notification. If you receive a notification from Tifo that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Tifo with what is called a “ Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Tifo’s Designated Agent through one of the methods identified in Section 10.d and include substantially the following information: i. A physical or electronic signature of the subscriber; ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and iv. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, then for any judicial district in which Tifo may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

 

f. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Tifo in response to a Notification of Claimed Infringement, then Tifo will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Tifo will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and Tifo will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Tifo’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Tifo’s system or network.

 

g. False Notifications of Claimed Infringement or Counter Notifications . The Copyright Act provides that:

[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Tifo] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f).

Tifo reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

 

PRIVACY AND SECURITY

 

Our Privacy Policy outlines the data we collect, where we use it, our retention policy, and our effort to secure Tifo. Using Tifo assumes that you consent to the information practices described in that policy.

PRODUCT ENHANCEMENTS

 

Tifo is an early-stage product that is continuing to change as we get usage feedback and work towards a product market fit.  As the product evolves, we may change, eliminate or restrict access to features and service at any time, for any reason, with or without advance notice.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

 

Tifo, its affiliates, and their respective officers, directors, employees, agents, suppliers and licensors (collectively, the “ Tifo Parties”) make no warranties or representations about the service and any content available on the service. The Tifo Parties will not be subject to liability for the truth, accuracy, or completeness of any information conveyed to any user, or for any delays or interruptions of the data or information stream from whatever cause. As a user, you agree that you use the service and any content thereon at your own risk. You are solely responsible for all content you upload to the service.

 

The Tifo Parties do not warrant that the service will operate error free, or that the service and any content thereon are free of computer viruses or similar destructive features. If your use of the service or any content thereon results in the need for servicing or replacing equipment or data, then no Tifo Party will be responsible for those costs.

The service and all content thereon are provided on an “as is” and “as available” basis without any warranties of any kind. Accordingly, the Tifo Parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third party rights, and fitness for particular purpose.

In no event will any Tifo Party be liable for any special, indirect, punitive, incidental, or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the service and any content thereon, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such Tifo Party has been advised of the possibility of such damages. Tifo’s liability, and the liability of any other Tifo Parties, to you or any third parties in any circumstance is limited to the greater of the fees you have paid us.

 

ARBITRATION

 

If you become disgruntled with Tifo for any reason, we’d like the opportunity to work out our differences informally. We strongly encourage you to contact us at support@tifo.fan, and we will do our best to resolve the dispute in good faith. 

You agree to resolve any dispute you have with us on an individual basis in arbitration, and not as a class arbitration, class action or consolidated proceeding of any kind.

GOVERNING LAW AND JURISDICTION

 

These Terms will be governed by the laws of the United States of America, except for its conflict of laws principles.

For claims that aren’t subject to arbitration, we each agree that any such claims shall be litigated exclusively in the district court located in Lexington, Kentucky, United States of America.

ENTIRE AGREEMENT

 

These Terms and our Privacy Policy constitute the entire agreement between you and Tifo. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be in full force and effect.

MODIFICATION

 

These Terms may be modified, when deemed necessary. The date of the most recent revisions will always be at https://www.tifo.fan/terms, and older versions are available upon request. If we make changes that we believe will substantially alter your rights, we will notify you by posting a notice on our website. You agree to accept any changes or revisions to these Terms by continuing to use Tifo.

CONTACT

 

We welcome all questions, concerns and feedback you might have about these terms. Please use our contact form or email us at support@tifo.fan.

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