Terms of Service
Your Acceptance of Terms
These terms and conditions (“Terms”) are an agreement between you and Tidyware, LLC, (also referred to herein as “JogoCast”) regarding JogoCast services and software. By using JogoCast online or via the JogoCast mobile applications or by continuing to store a copy of the JogoCast mobile application on your smart device or computer after being presented with these Terms, you agree to these Terms in full.
Service and Software Components
JogoCast is a service and software for use in, among other things, live interactive tracking and sharing of scores in sports games, interactive game commentary and cheering, viewing historical commentary and scores, and communication between fans or audiences of games. JogoCast includes a downloadable mobile application component (“the Apps”) and a browser accessible component (“JogoCast online”), both of which are supported by JogoCast services (all of which, including the services, are collectively referred to as “JogoCast” in this Agreement).
You must be 13 years of age or older to establish an account with JogoCast services in order to submit/broadcast comments, game information, or scores through JogoCast.
License Grant and Use
If you accept these Terms (by any of the means listed above), you are granted a non-exclusive, non-transferable, revocable and limited license (revocable at any time by JogoCast) to access, and use JogoCast services and JogoCast online and to store and use the Apps strictly in accordance with these Terms. The Apps are licensed to you under the conditions listed in this Agreement, not sold or transferred to you, by JogoCast. You agree that you may not use JogoCast in any way that conflicts with or violates these terms or other agreements between you and any third-party.
Privacy and Security Policy
Please see our Privacy & Security Policy.
JogoCast users always have the option to terminate their JogoCast accounts by sending an email requesting termination to support at jogocast dot com. If you wish for JogoCast to terminate your account, you must include the phrase, “terminate my account,” and you must provide your name, email address and phone number in the email. If you properly request termination, JogoCast will terminate your access to your account and this will also terminate your ability to submit information to JogoCast (e.g., you will no longer be able be able to submit comments, scores, game information, etc.). JogoCast will delete your account information from its storage systems upon termination. However, JogoCast cannot guarantee that all information submitted by you will be completely deleted.
You promise NOT to use JogoCast for any of the following purposes or activities:
- conducting or supporting illegal activity of any type whatsoever;
- transmitting or storing worms or viruses or any code of a destructive nature;
- threatening, harassing, abusing, impersonating, injuring or intimidating others;
- interfering with others' use of JogoCast, unless such interference is for the purpose of complying with another section of these Terms;
- delivering spam or collecting information to deliver spam, or sending advertisements;
- decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained on or in JogoCast (the Apps or otherwise);
- making any modification, adaptation, improvement, enhancement, translation or derivative work from the Apps, or other JogoCast component;
- disguising the origin of any content transmitted through JogoCast or manipulating your presence on JogoCast;
- causing the launch of any automated system(s) that access JogoCast in a manner that sends more request messages to servers of JogoCast in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- data mining, scraping, crawling, redirecting, or compiling data for any purpose other than one authorized pursuant to these Terms;
- using any proprietary information or interfaces of JogoCast or other intellectual property of JogoCast for any reason not authorized by these Terms.
JogoCast Password Policy
In order to use JogoCast interactively (other than anonymous cheering), you must establish a password, and provide your name, email address, and phone number. JogoCast may, at its sole discretion, and without prior notice to any parties, change your password and provide notice to you of the same, and/or require that you change your password. You understand and agree that you are solely responsible for safeguarding all access rights that you have under your password.
Non-Transferability of JogoCast Account
Any JogoCast account is not transferable or assignable.
You are responsible for your conduct and activities arising during use of JogoCast and for any content or data you provide to or through JogoCast. You agree that JogoCast is not responsible for, nor liable for, any mistakes, inaccuracies, lack of usefulness, defamation, omissions, falsehood, obscenity or otherwise offensive material in any of the content or data provided to JogoCast by users or other third parties. You also understand that JogoCast does not, and has no obligation to, monitor, pre-screen nor pre-approve content or data, but that JogoCast shall nonetheless have the right (but not the obligation) in its sole discretion, to refuse, delete or move any content or data that is available via JogoCast, for any reason, including a violation of any of these Terms.
Content-Ownership and Warranties You Provide
You warrant and represent to JogoCast that you are not infringing the intellectual property rights or violating the privacy of others whenever you provide content or data on or through JogoCast and that you are fully authorized to transmit all such content or data to JogoCast. You agree to fully indemnify and hold JogoCast harmless for any infringement of the rights of others caused by your use of JogoCast, as further set forth in the Indemnification section below. You agree that your use of JogoCast does not grant you any ownership or other intellectual property rights in any aspect, feature or component of JogoCast, or any content or data provided by other users. You also agree that JogoCast is not responsible for protecting any intellectual property rights you, or another party, may assert in the content or data you provide to JogoCast. If you infringe the intellectual property rights of others when you use JogoCast, your account may be terminated by JogoCast. If JogoCast becomes aware of a party that repeatedly infringes the copyrights (or other intellectual property of others), JogoCast will terminate the user’s account.
License You Provide to JogoCast and Other Users
JogoCast does not claim ownership in the content or data you provide; however, by providing content (including commentary) or data to JogoCast, you are granting JogoCast, and its affiliates, a fully paid-up, perpetual, irrevocable license, to use, store, modify, copy, make derivative works of, make compilations containing, and transmit any such content or data for the purpose of carrying out the services in the Service and Software Components section above in accordance with these Terms.
Copyright Infringement Allegations for Content
JogoCast responds to notices of alleged copyright infringement in a manner compliant with the Digital Millennium Copyright Act. To provide or respond to notices of copyright infringement, you will need to take the following steps:
Notification of Alleged Copyright Infringement
If you have a "good faith" belief that content provided on JogoCast infringes your rights, and you wish for JogoCast to address the accused infringing content, you must first provide the following information in the manner described in lines (1) - (7), which you can provide in a document entitled "Notification":
(1) Identify the copyright work you claim is infringed. What is the original copyright work you claim is infringed?
(2) Identify the content that you claim is infringing the copyright work. You also need to provide enough information for JogoCast to locate the accused content.
(3) Provide your contact information, including full name, mailing address, email address and phone number.
(4) Provide a statement that you have a "good faith" belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(5) Provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."
(6) Provide your signature on the Notification (or an electronic signature).
(7) Send your Notification to our Designated Agent email address:
dmca at jogocast dot com
You should take statements 4, 5 and 6 above in the Notification very seriously. Complainants can be forced to pay significant fines and sanctions for misrepresenting copyright claims.
JogoCast reserves the right to change these Terms at any time, for any reason, and without notice, including the right to terminate the JogoCast services. Therefore, it is your responsibility to review this Agreement from time to time so you will be apprised of any changes.
JOGOCAST, AND ANY ASSOCIATED PRODUCTS OR SERVICES PROVIDED BY JOGOCAST, ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. JOGOCAST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF JOGOCAST PRODUCTS OR SERVICES. JOGOCAST SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH JOGOCAST (INCLUDING ANY THIRD PARTY INFORMATION OR ADVERTISEMENTS ON JOGOCAST). YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH JOGOCAST IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, PHONE, DATA DEVICE, OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR PROCUREMENT OF SUCH MATERIAL. UNDER NO CIRCUMSTANCES SHALL JOGOCAST BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON JOGOCAST OR ITS ASSOCIATED PRODUCTS AND SERVICES (INCLUDING THIRD PARTY SERVICES OR PRODUCTS ADVERTISED OR OTHERWISE OBTAINED THROUGH JOGOCAST). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF JOGOCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON JOGOCAST, FROM INABILITY TO USE JOGOCAST, FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF JOGOCAST, OR BY ANY INFORMATION OR ADVICE RECEIVED THROUGH JOGOCAST (INCLUDING THE INFORMATION, ADVICE, PRODUCTS OR SERVICES RECEIVED FROM THIRD PARTIES ADVERTISING ON OR IN CONNECTION WITH JOGOCAST). THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
All legal issues arising from or related to the use of JogoCast shall be interpreted under the laws of the State of Washington, USA, without regard to conflicts of law principles. By using JogoCast and agreeing to these Terms, you agree/consent to personal jurisdiction and venue in the state and federal courts located in and serving King County, Washington, USA, with respect to disputes arising out of or relating to this Agreement or your use of JogoCast.
You agree to defend and indemnify JogoCast harmless from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, and (iii) misuse of JogoCast by a third party where such misuse was made available by your failure to take reasonable measures to protect your account from misuse.
These Terms constitute the entire agreement between you and JogoCast with respect to JogoCast and supersede any other agreements between you and JogoCast with respect to JogoCast.