Last updated: March 6, 2023.
Please read these terms and conditions carefully before using Our Service.
Please read these Terms of Service and End-User License Agreement (“Terms of Service”) carefully as they contain important information regarding your legal rights, remedies and obligations. If you do not agree to these Terms of Service in their entirety, you must leave the Site, exit the App and discontinue use of the Services immediately (as those terms are defined below).
1. DESCRIPTION OF SERVICE
AREENA offers a Platform that enables participatory sports organizers to use digital sports management functionality and communicate with their sports registrant members and other interested parties. We may also partner with third party sports leagues, organizations, or businesses to offer sports registrants and sports organizers unique events, opportunities, products or services. To take full advantage of all the functions and features of the Services, you must create a member account (“Member Account”) as either a sports organizer or sports registrant and, in the case of sports organizers, designate a website for your organization (“Member Web Site”). While creating a Member Account, we may ask you to provide the following information including but not limited to: name, email address, phone number, organization name (where the registrant is a sports organizer), role in organization (where the registrant is a sports organizer), position played in the applicable sport (where the registrant is a sports registrant), number of players (where the registrant is a sports organizer), organization website (where the registrant is a sports organizer) and organization zip code (where the registrant is a sports organizer). It is a condition of your use of the Services that all the information you provide is correct, current and complete.AREENA disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend, restrict or stop your access to all or part of the Services, with or without notice at any time and without any liability to you, for any reason, including, for example, if you do not comply with the Agreement or if we are investigating your suspected misconduct. We also reserve the right to modify, suspend or discontinue the Services, or add or create new limits to our Services, with or without notice at any time and without any liability to you.In addition, AREENA disclaims, and sports organizers accept, all responsibility and liability for the use of such sports organizers’ Member Web Sites by sports registrants or any other third parties. Furthermore, AREENA disclaims, and sports registrants accept all responsibility and liability for the use of sports organizers’ Member Web Sites, including data usage and any privacy practices associated therewith.
2. CONDITIONS OF USE
3. ACCOUNT SECURITY
If you choose, or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you may only disclose your username (but not password) to your applicable sports organization. You acknowledge and agree that, except with respect to your organization, (a) your Member Account is personal to you and you will not provide any other person with access to the Services using your Member Account, user name, password or other security information; and (b) you will notify us immediately of any unauthorized access to or use of your Member Account or any other breach of security.
4. ACCOUNT OWNERSHIP POLICY
We are not responsible or liable for any Member Account ownership disputes that may arise with respect to Member Accounts or Member Web Sites. In the event of a dispute regarding Member Account ownership, our policy is to not make any changes to Member Account ownership unless and until we are able to reasonably determine the rightful Member Account owner. As such, we reserve the right to request documentation to determine or confirm Member Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, payment information related to the Member Account, and other verifiable documentation. AREENA reserves the right, in its sole discretion, to, at any time, determine the rightful owner of Member Accounts and Member Web Sites and transfer any Member Account to its rightful owner. Our determination of Member Account ownership will be final and binding on the parties involved in the dispute. If we are unable to reach a determination of Member Account ownership, we may terminate the subject Member Account and/or Member Web Site.You acknowledge and accept the foregoing Member Account ownership policy, agree not to bring any claim in the form of a lawsuit or otherwise against AREENA arising out of such policy and our Member Account ownership determination, agree immediately to dismiss any claim so brought, and hereby agree to indemnify and release AREENA from all liability and all claims for damages or any other liability whatsoever that may arise out of such policy.
5. TERMINATION/CANCELLATION OF MEMBER ACCOUNT OR MEMBER WEB SITE
Either AREENA or you may terminate or cancel your Member Account or Member Web Site at any time without notice. You understand and agree that cancellation of your Member Account is your sole right and remedy with respect to any dispute with AREENA.In the event that you decide to terminate or cancel your Member Account or Member Web Site, you may be able to use available AREENA tools to export all of your data and information under certain circumstances.
6. SERVICE FEES
7. THE APP
(a) Installation. AREENA believes in providing users with clear, concise and complete disclosure before users download and install the App, including a description of the primary functions of the App. The App requires user consent prior to installation. AREENA does not believe that users should be deceived into downloading or installing the App. In order to download the App, as made available on the Android® mobile platform, you must either utilize the options made available: (i) on the Site; or (ii) via participating Download Venues. You understand and agree that AREENA shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the App.(b) Uninstall. The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional “add/remove” programs function contained within your Mobile Device. Please be advised that in some instances, you may be required to restart your Mobile Device before all remnants of the App are completely uninstalled and removed from your Mobile Device. Please note that uninstalling the app does not equal deleting your account. If you experience any problems installing and/or uninstalling the App, please contact us via e-mail at: email@example.comTHE APP IS NOT SPYWARE OR ADWARE. THE APP WILL NOT DELIVER ADVERTISEMENTS TO YOUR MOBILE DEVICE, PROVIDED THAT ADVERTISEMENTS SUCH AS THE THIRD-PARTY ADS MAY APPEAR IN THE APP ITSELF.(c) Download Venues. The Agreement is entered into by and between you and AREENA, and not with the applicable Download Venue that you use to access the App. As between AREENA and any participating Download Venue, AREENA is solely responsible for the App. No Download Venue has any obligation to furnish any maintenance and/or support services with respect to the App. The Download Venues are third-party owned and operated websites. Use of those stores shall be governed by the applicable venue’s agreements, terms and conditions. AREENA does not control the Download Venues or any of the actions, policies or decisions made by the operators of those venues.(d) Remote Access, Updates and Bug Fixes. AREENA reserves the right (but is not obligated) to add additional features or functions to the existing App, and to provide technical support including bug fixes, error corrections, patches, new releases or any other component not specified within these Terms of Service, from time-to-time. When installed on a user’s Mobile Device, the App periodically communicates with AREENA servers. AREENA may require the updating of the App residing on a user’s Mobile Device when AREENA releases a new version of the App, or when AREENA makes new features available. The aforementioned technical support and/or updates may occur automatically without prior notice, or upon prior notice to you, and may occur all at once or over multiple sessions, in AREENA’ sole and absolute discretion. By downloading the App, you hereby consent to these update/technical support services. Our access to your Mobile Device will be limited to providing support and/or updating the App. Where we are denied access for these purposes, your ability to utilize App-based Services may be limited. Each user understands that we may require that user’s review and acceptance of our then-current Agreement before that user will be permitted to use any subsequent versions of the App. Each user acknowledges and agrees that AREENA has no obligation to make any subsequent versions of the App available to that user, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement.(e) Third-Party Software. ANY THIRD-PARTY SOFTWARE, AS WELL AS ANY THIRD-PARTY PROVIDED PLUG-INS, THAT MAY BE PROVIDED WITH THE APP ARE MADE AVAILABLE FOR USE AT EACH USER’S SOLE OPTION AND RISK. IF A USER CHOOSES TO USE SUCH THIRD-PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD-PARTY’S LICENSING AGREEMENT(S), TERMS AND CONDITIONS AND PRIVACY PRACTICES. AREENA IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY USER’S USE OF, OR INABILITY TO USE, THIRD-PARTY SOFTWARE.(f) App License Grant/Termination. Subject to the restrictions set forth in the Agreement, we grant to you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the App and related software, in object code format only, on Mobile Devices owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with the Agreement, and solely for so long as your Account is in good standing. You acknowledge that you are receiving licensed rights only. The licenses set forth in this Section shall be in effect unless and until this license is terminated by AREENA. AREENA may terminate the licenses set forth in this Section and/or disable, remove or change the App and/or any portion thereof in its sole discretion at any time, with or without notice, by remote updates or otherwise. In addition, this license will terminate immediately with respect to a user if that user fails to comply with any term or condition of the Agreement. Each user agrees upon expiration or termination of this license to immediately uninstall the App. You may not network the App among multiple Mobile Devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the App and/or its structural framework; (ii) create derivative works of the App; (iii) use the App in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the App. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the App in any way to permit other products or information to interoperate with the App. You are responsible for all use of the App that is under your possession or control.(g) Export Restrictions. Each user agrees that the App may not be transferred or exported into any other country or used in any manner prohibited by U.S. or other applicable export laws and regulations.
8. THIRD PARTIES AND USER INTERACTIONS
The Services may contain links to third party websites or services that are not owned or controlled by AREENA (including Member Web Sites), and includes features that allow you to interact and communicate with third parties (including sports organizers and sports registrants) (“Interactive Services”). When you access third party websites or interact or communicate with third parties through the Services, you do so at your own risk. AREENA has no control over and assumes no responsibility for, the content, information, materials, services, products, privacy policies or practices of, or opinions expressed in, any third-party websites, or which are posted to or through the Services by other parties, including those featured on Member Web Sites. Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.AREENA is not responsible for the actions, content, information or data of any third parties, including sports organizers, sports registrants or other users. You are solely responsible for your interactions with sports organizers, sports registrants or other users of the Services, and any other parties with whom you interact through the Services. Additionally, your dealings with third parties found on the Services or participation in their promotions or activities, including payment and delivery of goods or services, and any other terms of those relationships (such as warranties or liability) are solely between you and such third parties. You agree that AREENA shall not be responsible for any harm, loss, or damage of any sort relating to your dealings with such third parties (including in relation to your participation in any activities of sports organizers).If you have a dispute with one or more individuals or entities with whom you interact through the Services, you release us and our Covered Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
9. CONTENT AND FEEDBACK
10. INTEGRATION PARTNERS
11. MEMBER CONDUCT
You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit content or other content (including, but not limited to, via the Interactive Services) that contains any of the following:Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);Except as otherwise permitted by AREENA in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;Virus, trojan horse, worm, spyware, malware, spamware or other disruptive or harmful software or data;Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner;Content that displays any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third-party without the permission of that third-party;Content that displays any audio files, text, photographs, videos or other images that contain hate speech and/or any other material that we reasonably believe degrades, intimidates, incites violence against or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category;Content that would constitute “stalking,” “bullying,” threatening, badgering, sexually harassing or otherwise harassing any person;Content that expresses or implies that any statements you make is endorsed by AREENA;Content utilized to harvest or collect personal information of Members or other third parties whether or not for commercial purposes, without their express consent;Content that utilizes any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Member Web Site, Services or related content; and/orContent that interferes with or disrupts any of the Services and/or the servers or networks connected to same.
12. INTELLECTUAL PROPERTY
The Services and all past, present and future content of the Services, including all software and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of AREENA, are: (a) owned by AREENA, its licensors or other providers of such material; (b) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws; (c) are intended solely for the personal, non-commercial use of our users; and (d) may only be used in accordance with these Terms of Service.You may not use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit any content on the Services for any purpose other than as expressly permitted under these Terms of Service. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.If you are a sports organizer, you hereby grant AREENA a non-exclusive, limited right to use your organization’s trade name, trademarks, service marks, logos and other distinctive or proprietary brand features for promotional, marketing and service implementation purposes in connection with your use of the Services.
13. COPYRIGHT INFRINGEMENT
We respect the intellectual property of others and we expect our users of the Services to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who infringe or potentially infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our agent for notice of claims of copyright or other intellectual property infringement (the “Copyright Agent”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed (the “Disputed Material”); (c) a description of where the Disputed Material is located on the Services; (d) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that use of the Disputed Material is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the Disputed Material, or are authorized to act on behalf of the owner of the Disputed Material.
14. LIMITATIONS OF LIABILITY
AREENA SHALL BE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY ASSOCIATED CONTENT OR content; OR (B) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING OTHER SPORTS REGISTRANTS, SPORTS ORGANIZERS OR OTHER USERS.YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IN NO EVENT WILL AREENA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO AREENA FOR USE OF THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR FIVE HUNDRED DOLLARS ($500).THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ou agree to defend, indemnify and hold harmless AREENA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your access to or misuse of the Services; (ii) your violation of the Agreement or any additional terms applicable to your use of the Services; or (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your content.
16. RELEASE AND WAIVER OF RIGHTS
You release AREENA and expressly waive any and all claims against AREENA that may arise from your use of the Services. Specifically, without limitation, by providing information and/or uploading content within the Services, you release AREENA and expressly waive all claims against AREENA arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use of the Site, App and/or other Services.
17. DISCLAIMER OF WARRANTIES
THE MATERIALS APPEARING BY AND THROUGH THE SERVICES COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. YOUR USE OF THE SERVICES AND ANY CONTENT MADE AVAILABLE BY AND THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AREENA NOR ANY PERSON ASSOCIATED WITH AREENA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER AREENA NOR ANYONE ASSOCIATED WITH AREENA REPRESENTS OR WARRANTS THAT ANY OF THE CONTENT MADE AVAILABLE BY AND THROUGH THE SERVICES OR ANY MEMBER WEB SITE ARE ACCURATE, COMPLETE, OR CURRENT OR THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL AREENA BE RESPONSIBLE OR LIABLE FOR (I) MAINTAINING, STORING OR TRANSMITTING DATA GENERATED THROUGH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DATA THAT YOU INPUT REGARDING SPORTS REGISTRANTS; AND (II) ANY CHANGES OR MODIFICATIONS TO SETTINGS FOR THE SERVICES OR MODIFIED FUNCTIONALITY OF THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO BACK-UP ALL DATA INPUT, SUBMITTED OR OTHERWISE PROVIDED THROUGH THE SERVICES BY YOU, AND YOU ACKNOWLEDGE AND AGREE THAT AREENA SHALL NOT BE RESPONSIBLE OR LIABLE FOR PROVIDING ANY COPIES THEREOF TO YOU. YOU ACKNOWLEDGE AND AGREE THAT UPON CONCLUSION OR TERMINATION OF THE TERM OF THE SERVICES, ANY AND ALL DATA INPUT, SUBMITTED OR OTHERWISE PROVIDED THROUGH THE SERVICES BY YOU MAY BE DELETED AND DESTROYED, AND COPIES OF SUCH INFORMATION AND DATA MAY NOT BE AVAILABLE TO SHARE WITH YOU.AREENA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. GOVERNING LAW AND DISPUTE RESOLUTION
Initiating a Formal ClaimAny and all disputes or claims (including the interpretation and scope of this clause, and the arbitrability of the dispute or claim) between you and AREENA shall be resolved by the processes set forth in these Terms of Service. AREENA provides the Services to you on the condition that you accept the dispute resolution provisions described below. Accordingly, if you initiate any claim against AREENA in any other manner, you shall be in violation of these Terms of Service and you agree that AREENA shall be entitled to have such action dismissed or otherwise terminated. You agree that prior to initiating any formal proceedings against AREENA, you will send us a notice to firstname.lastname@example.org and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within thirty (30) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms of Service.You and AREENA agree that any and all disputes or claims that have arisen or may arise between us shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.Our arbitration proceedings would be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by this Arbitration Agreement. You may review those rules and procedures, and obtain a form, known as a “Demand for Arbitration,” for initiating arbitration proceedings at www.adr.org. The arbitration shall be held in Plano, Texas. If the value of the relief sought is $10,000 or less, either of us may elect to have the arbitration conducted according to the Alternative Dispute Resolution Process described above.The arbitrator will decide the substance of all claims in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users of the Services, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. The parties will share the costs of the arbitration until the final determination is made, at which point, the arbitrator will be permitted to award the prevailing party legal costs of the arbitration.YOU AND AREENA AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (REFERRED TO HEREIN AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS”). UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE SERVICES.Except with respect to the Prohibition of Class and Representative Actions described above, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms of Service and this section will continue to apply.Limitation on Time to File ClaimsANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Please report any violations of these Terms of Service directly to AREENA.
21. PERSONAL INJURY AND LIABILITY
You understand that the athletic activities promoted or connected through the App (“Activities”) may be hazardous to any participant and observer. (For example, you may get hurt playing a game of basketball which you arranged through the App, or be inadvertently exposed to contagious viruses such as SARS-CoV-2 and COVID-19, Hepatitis, and/or other contagious diseases.) You understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. You acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others. You understand that AREENA cannot guarantee that you will not become infected or injured while observing or participating in Activities, and that being on the premises where the Activities occur may increase your risk of contracting disease or suffering other injury. NOTWITHSTANDING THE RISKS ASSOCIATED WITH OBSERVING OR PARTICIPATING IN THE ACTIVITIES, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY ENTERING THE PREMISES WHERE THE ACTIVITIES OCCUR TO ENGAGE IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO COVID-19 OR OTHER DISEASE, ARISING FROM BEING ON THE PREMISES OR ENGAGING IN THE ACTIVITIES.\You also hereby release and forever discharge and hold harmless (a) Developer (as well as its affiliates, members, agents, officers, managers, representatives, heirs, executors, attorneys, employees, successors and assigns), together with (b) all venues at which such Activities occur (collectively, (a) and (b) are referred to as “Releasees”), from all liability for injury, illness, death, or property damage which arise or may hereafter arise from your participation in or observation of such Activities. You understand that this release applies whether caused by negligence of any Releasee. You also understand that no Releasee assumes any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness. You hereby release and forever discharge Releasees from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with your participation in or observation of any Activities.You are familiar with federal, state, and local laws, orders, directives, and guidelines related to COVID-19, including the Centers for Disease Control and Prevention (CDC) guidance on COVID-19. You will comply with all such orders, directives, and guidelines while observing or participating in the Activities, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings. You agree not to observe or participate in the Activities or enter the premises where the Activities occur if you are experiencing symptoms of COVID-19, have a confirmed or suspected case of COVID-19, or have come in contact in the last 14 days with a person who has been confirmed to have or suspected of having COVID-19.You understand that by signing this release, you are waiving any and all claims of any kind arising out of or attributable to your being on the premises or observing or engaging in the Activity and being exposed to or contracting disease, including those claims that may be unknown to you, or which you do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, YOU HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
22. WAIVER AND SEVERABILITY
23. ENTIRE AGREEMENT
AREENA shall not be liable for any failure to perform its obligations hereunder. These Terms of Service and any subsequent versions of these Terms of Service posted to the Site and App will be deemed a legally binding contract signed by both parties. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind AREENA in any respect whatsoever.25. ADDRESS AND CONTACT INFORMATIONAll feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at email@example.com
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Areena
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote
for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Hero League, LLC DBA Areena, 9355 John W. Elliott Dr #25, Frisco, TX 75033.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: Texas, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application or the Website or both.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Areena, accessible from https://areenasports.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.
You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify theSubscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at email@example.com.
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You.
But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us: