SCORES APP

Terms of Use Agreement, Revised August 1, 2023
Acceptance of Terms
This website ("Site") is owned and operated by Bluekozmo Software LLC (doing business as Scores App) and/or its affiliates (collectively "Scores App"). Scores App permits access to and use of the Site and its Apps (as defined below) (collectively the "Service") subject to the following Terms of Use ("TOU"). Scores App may, at its discretion, update the TOU at any time. You can access and review the most current version of the TOU at the URL for this page or by clicking on the "Terms of Use" link at the bottom of each page of the Site or otherwise made available within the Service.

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE DOWNLOADING ANY SCORES APP APPLICATIONS. BY ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TOU, DO NOT ACCESS OR USE THE SERVICE.

If you are under 13 years of age, you may not use the Scores App. If you are at least 13 years of age but under 18 years of age or the age of majority in your jurisdiction, whichever is greater, you represent and warrant that you have obtained the consent of your parent or legal guardian before accessing or using the Service. Otherwise, you represent and warrant that you are: (i) at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; and (ii) of legal age to form a binding contract. In all cases, you represent and warrant that you are not a person barred from accessing or using the Service under the laws of your country of residence or any other applicable jurisdiction. Some parts of the Service may have different age requirements, which will be noted in those parts of the Service.
Privacy Policy
In addition to the TOU, Scores App's Privacy Policy (https://www.scoresapp.com/privacy) ("Privacy Policy") governs your access to and use of the Service.
Grant of rights
  1. Subject to your compliance with the TOU in all material respects, Scores App grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view Content (as defined below) from the Service for your personal, non-commercial use only.
  2. To the extent that a Site provides online access to any software, application or other similar online components, then, subject to your compliance with the TOU in all material respects, Scores App grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by Scores App for accessing such components and only for your personal, non-commercial purposes.
  3. Scores App further makes available certain content through its mobile applications and third party platforms (collectively "Apps"). Your access to and use of Apps is subject to the applicable end user license agreement for each App, this TOU, the Privacy Policy and other applicable terms of services.
Suggestions
If you elect to provide or make available to Scores App any suggestions, comments, ideas, improvements or other feedback relating to the Service ("Suggestions"), Scores App shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you. You will not knowingly provide Scores App any Suggestion that is subject to third party intellectual property rights.
Dealings with advertisers and other third parties
  1. Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You acknowledge and agree that Scores App shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
  2. The Service provided to you hereunder may require data usage from a third party service provider such as a wireless carrier and/or an Internet service provider ("ISP"). As between you and Scores App, you are responsible for obtaining services from such ISP and you are responsible for all charges related to such services from ISPs, including without limitation airtime service charges, Internet access charges, and data usage charges and overages.
  3. You should give due consideration before sharing your personal information with other persons or parties you may interact or communicate with within the Services. You acknowledge and agree that Scores App shall not be liable for any loss or damage of any kind incurred as a result of such interactions.
Links and external materials
The Service may contain Content from other third party websites, platforms and/or resources. You acknowledge and agree that Scores App does not control or endorse, and is not responsible for, any Content, advertising, products, services or other materials on, transmitted from or available through such third party websites, platforms and/or resources (collectively "External Materials"), including without limitation the accessibility, accuracy, non-infringement, legality, decency, or any other aspect of the External Materials. Scores App provides access to the External Materials to you only as a convenience and it does not imply any endorsement or association with the operators of such External Materials. The use and access of such External Materials are subject to different terms of use and privacy policies, which you are responsible for reviewing and abiding. You further acknowledge and agree that Scores App shall not be liable for any damage or loss caused by or resulting from the access, use of or reliance on any External Materials.
Modification of the Service
Scores App reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that Scores App shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).
Termination and survival
In the event that you violate the TOU, all rights granted to you under the TOU shall be terminated immediately, with or without notice, and Scores App, in its sole discretion, may remove and discard Your Content. The provisions of the TOU that should by their nature survive termination of the TOU shall survive such termination.
Indemnification
You agree to indemnify and hold Scores App and its parents, subsidiaries, affiliates, officers, directors, employees, agents, mandataries, partners and licensors (collectively, "Scores App Parties") harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys' fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the TOU or any law or regulation; or (c) violation of any rights of another party.
Disclaimer of Warranties
  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCORES APP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. SCORES APP'S PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
Limitation of liability
THE DOWNLOADING AND/OR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL SCORES APP BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES (COLLECTIVELY "DAMAGES") WHATSOEVER ARISING OUT OF OR RELATING TO THIS APPLICATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SCORES APP, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES RESULTING FROM OR ALLEGED TO RESULT FROM YOUR USE OF THIS APPLICATION.
Governing Law and Dispute Resolution
The TOU shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of New York, without regard to conflict of laws principles.
Contact Information
Scores App may be contacted by email at info@scoresapp.com.