Welcome to the Just Be Friends Kids Incorporated ("JBF Sports") platform accessible through the websites at www.jbfsports.com and a variety of local sports team, city or community related websites to which these Terms are posted (collectively, the “Sites”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Sites and our services, which include opportunities for local sports teams, cities and community organizations to develop interactive relationships with children, adult and family audiences, and to help children and family audiences to share and connect with other families or organizations based on local community interests, accessible via our Sites and our mobile device application (“App”). To make these Terms easier to read, the Sites, our services and App are collectively called the “Services.”
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if either (i) you are 13 years or older or (ii) if you are under 13 years old, you have been granted consent by your parent or legal guardian, as per the functionalities of the Services, and, in each case of (i) or (ii), are not barred from using the Services under applicable law or otherwise.
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or our App. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
We refer to all Account holders as “User(s)”, regardless of what functionality they have access to within the Services and what user rights they have. “Guardian(s)” are Users, who are parents, legal guardians or teachers or educators with parental or legal guardian’s consent, of children age 12 years of younger, with special rights such as, for example, the right to permit others to use the Services by giving verifiable consent as per the functionalities of the Services. Every Account registered by a child upon receiving such consent is connected to the Account of the Guardian who gave such consent. The child automatically becomes a “Household Member” of the Guardian’s Household.. By “Household” we mean a Guardian and all the Household Members associated with such Guardian on the Services. A Household may have more than one Guardian, The Guardian who creates a Household (i.e. the first Account holder of the Household) is a “Creator” of the Household.
We refer to sports teams, city or community organization as “Partners”. Partners can also create Accounts via the Services and can manage their communities and access certain information regarding their specific pages or Apps via the administrative dashboards provided by the Services. Partners can register multiple Accounts for their organization.
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Users (including you) provide to be made available through the Services. Content includes without limitation User Content.
JBF Sports does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, JBF Sports and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
By making any User Content available through the Services you hereby grant to JBF Sports a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display or perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Users. We will not sell your User Content to any third parties but may choose to use certain User Content in promotional materials specific to JBF Sports. We will ask for your consent before we use any of your User Content for such purposes.
You are solely responsible for all your User Content and you agree that you will only provide or make available User Content via the Services that you are comfortable sharing publicly and in accordance with these Terms. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by JBF Sports or other Users of the Services on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any confidentiality or other commitments that you have (or that the company or other legal entity that you represent has) to any third parties.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
By making any User Content available through the Services you hereby grant to any other User a limited, non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display or perform, and distribute your User Content only in connection with using the Services and as permitted by the functionalities of the Services.
Subject to your compliance with these Terms, JBF Sports grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Subject to your compliance with these Terms, JBF Sports grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. JBF Sports reserves all rights in and to the App not expressly granted to you under these Terms.
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
JBF Sports respects copyright law and expects its users to do the same. It is JBF Sports’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see JBF Sports’s Copyright Policy at www.jbfsports.net/dmca, for further information.
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
While the general use of the Services is free of charge, certain digital features, such as the avatar builder for jerseys, shirts or moustache collection, packs of cards to add to the card trading feature, and any other digital content (“Virtual Goods”), may only be accessible for a fee. Regardless of the terminology used, Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from JBF Sports or any other party.
Virtual Goods are digital items only. Your right to use any Virtual Goods via or within the Services are limited to a non-exclusive, non-transferable, non-sublicenseable, revocable right to use such Virtual Goods solely within the Services for your personal and non-commercial use and for no other purpose. Except for the limited rights described herein, you have no property interest or right or title in or to any such Virtual Goods, which remain the exclusive property of JBF Sports. JBF Sports’s Virtual Goods are made available to you at our sole discretion. The existence of a particular offer of Virtual Goods is not a commitment by JBF Sports to maintain or continue to make the Virtual Goods available in the future. The scope, variety and type of Virtual Goods that you may obtain can change or be discontinued at any time. JBF Sports has the absolute right to manage, regulate, control, modify or eliminate such Virtual Goods as it sees fit in its sole discretion, and we will have no liability to you or anyone for the exercise of such rights.
Any attempt to do any of the foregoing is in violation of these Terms and will result in an automatic termination of your rights to use the Virtual Goods and may result in termination of your JBF Sports Account, and/or possible legal action. All Virtual Goods are forfeited if your JBF Sports Account is terminated or suspended for any reason, or if we discontinue providing the Services.
Purchases through the Services by Household Members are only possible if the Guardian has registered a credit card and gives his or her consent for each purchase as per the functionalities of the Services. In the event that you choose to use paid aspects of our Services, (e.g., if you decide to purchase any Virtual Goods), you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted in the Services. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in Canadian or U.S. dollars dependent on app store location.
We may provide you with certain communications, administrative messages, notifications, or service announcements for specific events related to certain sports teams and/or community organizations Partners as part of the Services.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. If you want to delete your Account, you can do so at any time via the Account settings.
If a Creator deletes his or her Account, this will automatically delete the Accounts of all Household Members connected to such Account. A Guardian can remove a child from his or her Household. Upon termination or deletion of your Account, we’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
WE MAKE NO REPRESENTATIONS, WARRANTIES OR COVENANTS WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THOSE OF PARTNERS, AND ADVERTISERS, REFERENCED ON, OR IN ASSOCIATION WITH THE SERVICES. WE ACCEPT NO LIABILITY FOR CLAIMS OR DEFICIENCIES RELATING TO THIRD PARTY PRODUCTS ADVERTISED, PROMOTED OR OTHERWISE MADE AVAILABLE OR REFERENCED VIA THE SERVICES, INCLUDING, BUT NOT LIMITED, THIRD PARTY PRODUCTS OFFERED THROUGH THE WEBSTORE OR IN-APP-PURCHASES.
You will indemnify and hold harmless JBF Sports and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with
JBF Sports WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JBF Sports HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL JBF Sports’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO JBF Sports FOR USE OF THE SERVICES OR CONTENT OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO JBF Sports, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JBF Sports AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
You and JBF Sports agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and JBF Sports are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and JBF Sports otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and JBF Sports otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and JBF Sports submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. JBF Sports will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, JBF Sports will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if JBF Sports changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.JBF Sports.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of JBF Sports’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and JBF Sports in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between JBF Sports and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between JBF Sports and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without JBF Sports’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. JBF Sports may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by JBF Sports under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
JBF Sports’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JBF Sports. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
If you have any questions about these Terms or the Services, please contact JBF Sports at email@example.com, 1 (855) 523-5437, #202- 1353 Ellis St, Kelowna, BC V1Y 1Z9, Canada.