Latest update: October18, 2021
These Mobile App Standard Terms and Conditions written on this webpage shall manage your use of this Mobile App. These Terms will be applied fully and affect to your use of this Mobile App. By using this Mobile App, you agreed to accept all terms and conditions written in here. You must not use this Mobile App if you disagree with any of these Mobile App Standard Terms and Conditions.
2. INTELLECTUAL PROPERTY RIGHTS
Other than the content you own, under these Terms, Rival Performance Technologies, Inc. ("Rival") and/or its licensors own all the intellectual property rights and materials contained in this Mobile App.
You are granted limited license only for purposes of viewing the material contained on this Mobile App.
You are specifically restricted from all of the following
● publishing any Mobile App material in any other media;
● selling, sub-licensing and/or otherwise commercializing any Mobile App material;
● publicly performing and/or showing any Mobile App material;
● using this Mobile App in any way that is or may be damaging to this Mobile App;
● using this Mobile App in any way that impacts user access to this Mobile App;
● using this Mobile App contrary to applicable laws and regulations, or in any way may cause harm to the Mobile App, or to any person or business entity;
● engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Mobile App;
● using this Mobile App to engage in any advertising or marketing.
Certain areas of this Mobile App are restricted from being accessed by you, and Rival may further restrict access by you to any areas of this Mobile App, at any time, in absolute discretion. Any user ID and password you may have for this Mobile App are confidential and you must maintain confidentiality as well.
We use the information we collect or receive:
4. YOUR CONTENT
In these Mobile App Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Mobile App. By displaying your Content, you grant Rival a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Rival reserves the right to remove any of Your Content from this Mobile App at any time without notice.
5. NO WARRANTIES
This Mobile App is provided “as is,” with all faults, and Rival express no representations or warranties, of any kind related to this Mobile App or the materials contained on this Mobile App. Also, nothing contained on this Mobile App shall be interpreted as advising you.
6. DEVICE DATA COLLECTION
Only body and ball position and direction are collected, not facial mesh data, and no data is retained or shared with any third party.
7. LIMITATION OF LIABILITY
In no event shall Rival, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Mobile App whether such liability is under contract. Rival, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Mobile App.
You hereby indemnify to the fullest extent Rival from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
10. VARIATION OF TERMS
Rival is permitted to revise these Terms at any time as it sees fit, and by using this Mobile App you are expected to review these Terms on a regular basis.
Rival is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
12. ENTIRE AGREEMENT
These Terms constitute the entire agreement between Rival and you in relation to your use of this Mobile App, and supersede all prior agreements and understandings.
13. GOVERNING LAW & JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of the State of Georgia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Georgia for the resolution of any disputes.