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TERMS OF USE

Terms of Use

These Terms of Use govern your access and use of the Services Rematch provides. The mobile application (the “Rematch App”) and the website (the “Rematch Website”) (collectively referred to as the “Rematch Services”), which allow users to record brief excerpts of amateur sports competitions and share them online to promote amateur sports.

The Rematch Services are made available to you by Rematch USA, LLC and its affiliated companies (including successors & assigns, “Rematch,” “we,” “us” or “our”).

These Terms of Use set out the agreement between you and Rematch regarding how you can use the Rematch Services, and what responsibilities you and Rematch have to each other. These Terms of Use contain important information regarding your legal rights. By using the Rematch Services, you accept and agree to be bound by and abide by these Terms of Use and our Privacy Policy, which describes how we collect, use, and share information from or about you when you use the Rematch Services and is incorporated herein by reference. Please read them carefully.

Acceptance of the Terms of Use

You may access the Rematch Services in accordance with these Terms of Use. You represent that you have read, understood, and agree to be bound by these Terms of Use in connection with your access to and/or use of any of the Rematch Services. If you do not agree to these Terms of Use, you may not access or use the Rematch Services. By using the Rematch Services, you will be deemed to have agreed to the Terms of Use.

Eligibility

The Rematch Services are for users who are 13 years of age or older and reside in the United States (including its territories and possessions), or those outside the United States who, to the maximum extent permissible under applicable law, consent to use the Rematch Services in accordance with U.S. laws and these Terms of Use.

If you are between 13 and 18 years old, you must have your parent or guardian review and agree to these Terms of Use on your behalf. If you are under 13 years of age, you must immediately discontinue use or make no further use of the Rematch Services.

Rematch, without any liability to you and in its sole discretion, may suspend your account at any time and require proof that you meet any eligibility criteria under these Terms of Use. Failure to comply and/or provide proof will result in the closure of your account without further liability on the part of Rematch.

By accessing or using the Rematch Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo; and (ii) your access to and use of the Rematch Services will comply with U.S. export control and economic sanctions requirements.

Privacy Policy

When accessing or using the Rematch Services, you acknowledge and agree that your access and use will be subject to any designated Terms & Conditions imposed by us, and any personal information uploaded or provided in connection with the Rematch Services will be subject to our Privacy Policy.

Rematch’s collection and use of information from or about you when you use the Rematch Services shall be governed by our Privacy Policy.

Change of Terms

YOUR ACCESS TO OR USE OF THE REMATCH SERVICES IS GOVERNED BY THE THEN-CURRENT TERMS OF USE. We may modify these Terms of Use from time to time in our sole discretion, and such modification shall be effective once posted to this site. Your continued access or use of the Rematch Services after we post changes to these Terms of Use will be deemed acceptance of these Terms of Use as modified. We encourage you to check back here for any such changes from time to time.

Account Registration

You may be asked to provide registration information to access some of the Rematch Services. You are responsible for providing correct, current, and complete information and maintaining its accuracy. You agree that we may take steps to verify the information you provide.

The Rematch Services and any usernames or passwords you use to access the Rematch Services (“Passwords”) are for personal use only. You are solely responsible for maintaining the security of your Passwords and agree to notify us immediately of any unauthorized use of your Passwords or other security breaches related to the Rematch Services.

You may terminate your account for any reason or no reason. We have the right to disable your account or password at any time for any reason, including if, in our reasonable opinion, you have failed to comply with any provisions of these Terms of Use or if we suspect unauthorized use of your credentials.

Use of Services

We grant you a limited, non-sublicensable, non-transferable license to access and use the Rematch Services for your personal use, in accordance with these Terms of Use. Except as explicitly agreed in writing, no element of the content may be used or exploited in any way other than as part of the authorized Rematch Services.

To the extent the Rematch Services make content available for download, you are granted the right to download such content onto your device in compliance with these Terms of Use.

You agree to use the Rematch Services only for lawful purposes and in accordance with these Terms of Use. Prohibited activities include, but are not limited to, using the services in violation of applicable laws, harming others' use of the services, or impersonating any person or entity.

Content

The Rematch Services contain material owned by us and third parties, including but not limited to software, images, videos, text, and audio (collectively, “Content”). As between Rematch and you, Rematch owns all rights, titles, and interests in the Content, including intellectual property rights. Except as stated in these Terms of Use, nothing grants you rights to the Content.

Rematch may include opportunities for users to Upload (“User-Generated Content”) materials. By uploading such content, you grant us a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable license to use, reproduce, and distribute your User-Generated Content worldwide.

Infringement Policy

If you believe User-Generated Content infringes your intellectual property, you can send us a written notice to request a review of the alleged infringement.

Restrictions on Use

Uploading unlawful material could expose you to criminal and/or civil liability. If you believe content violates these Terms of Use or applicable law, you can report it to our support team at contact@rematch-us.tv.

Termination and Suspension

Rematch may terminate or suspend your account, subscription, or access to the Rematch Services at its discretion. Upon termination, all rights granted to you in these Terms of Use will cease. No refunds will be provided for terminated accounts.

Representations and Warranties

You represent and warrant to Rematch that:

  1. You shall comply with all applicable federal, state, and local laws, rules, and regulations.
  2. If you are under eighteen (18) years of age, you further represent and warrant that you either:
    • are an emancipated minor, or
    • possess legal parental or guardian consent to enter into these Terms of Use and use the Rematch Services.
  3. You are the sole owner of the User-Generated Content and any other intellectual property or materials provided to Rematch (including any names, symbols, seals, emblems, logos, insignia, trademarks, or other intellectual property) or otherwise have the legal right to upload and license the User-Generated Content to Rematch.
  4. The exhibition, public display, or other use of the User-Generated Content on or through the Rematch Services as set forth in these Terms of Use by Rematch does not violate the privacy rights, publicity rights, intellectual property or proprietary rights, contract rights, or any other rights of any person or entity.
  5. You have obtained all necessary consents, releases, and/or permissions required by law (including any applicable privacy laws) to upload User-Generated Content and for Rematch to use, distribute, and exercise the rights granted with respect to such User-Generated Content.
  6. To the extent any "moral rights," "ancillary rights," or similar rights in or to the User-Generated Content exist and are not exclusively owned by us, you agree not to enforce any such rights against Rematch and shall procure the same agreement from others who may possess such rights.

You agree to pay for all royalties, fees, and any other monies owing to any person or entity due to any User-Generated Content posted by you to or through the Rematch Services.

Third-Party Services

The Rematch Services may provide links to third-party websites, widgets, software, services, or other utilities ("Third-Party Services"). Third-Party Services are provided solely as a convenience, and we are not responsible for their content or operation. Your use of Third-Party Services is governed by the terms and policies of the respective providers. Rematch is not liable for any issues or losses arising from your use of Third-Party Services.

Disclaimer of Warranties

WE PROVIDE THE REMATCH SERVICES "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, REMATCH DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE REMATCH SERVICES.

In jurisdictions where exclusions of implied warranties are not allowed, this disclaimer will only apply to the extent permissible by law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REMATCH WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF YOUR USE OF THE REMATCH SERVICES. IN NO EVENT WILL REMATCH'S LIABILITY EXCEED THE AMOUNT PAID BY YOU TO REMATCH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless Rematch and its affiliates from all claims, liabilities, damages, costs, and expenses arising from your use of the Rematch Services, including any User-Generated Content.

Disputes to Be Heard in Court

All disputes arising from these Terms of Use will be resolved in federal or state courts, and arbitration is not required. Jurisdiction lies exclusively in Tarrant County, Texas.

Applicable Law

These Terms of Use are governed by U.S. and Texas law. You agree to comply with all applicable laws, including those concerning the transmission of technical data.

Jurisdiction and Venue

Any action arising from these Terms will be brought exclusively in the federal or state courts of Tarrant County, Texas.

Notice for California Users

Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or online here.

No Waiver

No failure by Rematch to enforce any term or right under these Terms of Use shall constitute a waiver of such terms or rights.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full effect.

Entire Agreement

These Terms represent the entire agreement between you and Rematch regarding your use of the Rematch Services and supersede all prior agreements.

Assignment

You may not assign your rights under these Terms without Rematch's consent. Any unauthorized assignment is void.

Electronic Notice

By using the Rematch Services, you agree to receive notices electronically at the email address you provided.

Price Increases

Rematch reserves the right to increase fees or charges with reasonable notice. Price increases apply prospectively.

Automatic Renewal

Subscriptions will automatically renew unless canceled. By not canceling, you authorize recurring charges to your payment method.

Trial Periods

Trial periods are offered at Rematch's discretion and are subject to cancellation or automatic billing if not terminated before the trial ends. Users are responsible for canceling their trials to avoid charges.