Stream and record your games with a live scoreboard

Zofware LLC Terms of Use

Last Updated May 21, 2019

Welcome! These Terms of Use (“Terms”) explain the rules that apply to you while you use the SimpleSportsCaster mobile and tablet application (“SimpleSportsCaster”), the official SimpleSportsCaster website located at www.simplesportscaster.com (the “Website”), and all features and functionalities associated with SimpleSportsCaster and the Website (altogether, the “Zofware Services”).

Before we get started with the Terms, please also review our Privacy Policy https://www.simplesportscaster.com/privacypolicy to learn about how your information is used while you use the Zofware Services.

If you have any questions about these Terms or the Zofware Services, feel free to contact us at:

Zofware LLC
2311 N 45th St, PMB 195, Seattle, WA 98103
info@simplesportscaster.com

1. WHO CAN USE THE ZOFWARE SERVICES.

All users of the Zofware Services must:

  • Be at least 13 years of age, and if you are between the ages of 13 and 18, have permission from your parent or legal guardian to use the Zofware Services;
  • Be capable of forming a binding contract with Zofware;
  • Not be a convicted sex offender; and
  • Comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

Please do not use the Zofware Services if you do not meet the above requirements.

2. YOUR RIGHTS TO USE THE ZOFWARE SERVICES.

As between you and us, we own all rights in and to the Zofware Services. We grant to you a limited, revocable, non-assignable, non-exclusive, and non-sublicensable right to access and use the Zofware Services for your personal, non-commercial, and informational use only. You must not use the Zofware Services in any way that interferes with our ownership rights in and to the Zofware Services including, without limitation:

  • Misrepresenting the source of ownership of the Zofware Services;
  • Compromising the security of the Zofware Services;
  • Commercially exploiting the Zofware Services;
  • Deleting or altering any copyrights, trademarks, or other proprietary notices that may appear throughout the Zofware Services;
  • Reverse engineering, decompiling, disassembling, translating, preparing derivative works based on the Zofware Services or otherwise modifying the Zofware Services in whole or in part; and
  • Using robots, spiders, crawlers, scrapers, or any other automated methods to access, collect, or extract data from the Zofware Services.

3. USER CONDUCT.

  1. We created SimpleSportsCaster to give our users a way to non-commercially share and livestream non-professional soccer games so that friends and family who couldn't attend the game can still follow the game in real-time or later on their own schedule. Users who play or coach non-professional soccer can also later review recorded footage to find ways to improve their team's skills and tactics. Please respect the original purpose behind SimpleSportsCaster and only use the application for these purposes.
  2. While using the Zofware Services, you must comply with all applicable rules, laws, and regulations including, without limitation: (i) YouTube's Terms of Service (found at https://www.youtube.com/static?template=terms), Community Guidelines (found at https://www.youtube.com/yt/about/policies/#community-guidelines), and all other terms, policies, requirements, and guidelines that apply to your use of the YouTube platform; and (ii) TeamSnap's Terms of Service (found at https://teamsnap.com/terms) and all other terms, policies, requirements, and guidelines that apply to your use of TeamSnap's services and platforms.
  3. You must obtain all necessary rights and permissions before using the Zofware Services to record and livestream games. This means, for example, respecting people's right to privacy and getting permission before recording other individuals. This also means getting any necessary clearances and permissions from the venue at which the game is held and from event organizers. You are fully responsible for obtaining any and all necessary third-party rights, permissions, and clearances when using the Zofware Services to record and livestream games.

4. USER CONTENT.

Some parts of the Zofware Services may have features and functionalities that allow you to send, upload, and otherwise submit comments, messages, images, graphics, and other types of content and materials through the Zofware Services (“User Content”). By way of example, if we post blog articles on the Website, you may have the option to post public comments to those blog articles. You may also use SimpleSportsCaster to create a database of your favorite teams, upcoming games, and other relevant game information.

You must have all necessary rights and permissions to distribute the User Content on the Zofware Services. In addition, you must not share, post, and distribute content that is harmful and disruptive, or content that will cause harm if disclosed including, without limitation:

  • Content containing or promoting racism, hate speech, violence, and illegal activity;
  • Spam, unauthorized advertising, and other forms of solicitation;
  • Content intended to disparage, defame, abuse, intimidate, bully, threaten, or otherwise harass other people; and
  • Others’ personal information or any other information that you do not have the permission to disclose.

Although we want all users to comply with all User Content requirements, we do not have any obligation to monitor and review User Content for compliance. However, if we do see User Content that violates these rules or if we simply think that User Content is not appropriate for the Zofware Services, we may, at our sole discretion, either remove or edit the User Content without letting you know ahead of time, or we may terminate your ability to submit User Content. If you see User Content that violates these Terms, please let us know at info@simplesportscaster.com.

5. LIMITATIONS AND CHANGE TO THE ZOFWARE SERVICES.

We will use every reasonable effort to keep the Zofware Services operational, but from time to time, there may be some technical difficulties or maintenance that cause temporary interruption to your access to the Zofware Services.

In addition, we’re always thinking of ways to improve the Zofware Services for our users, whether by adding or removing features and functionalities or by suspending or stopping the Zofware Services altogether. We will try to notify you of any changes or scheduled interruptions to Zofware Services access beforehand, but we can’t guarantee that we always will.

6. YOUR FEEDBACK.

We would love to hear about what you think of the Zofware Services. Please keep in mind that any feedback you send to us will be non-confidential and non-proprietary, and we may use your feedback without restriction and without owing you any compensation.

7. THIRD-PARTY SITES AND SERVICES.

Throughout the Zofware Services, you will have access to services, products, features, and links owned by other companies (e.g. YouTube and TeamSnap). If you access and use those third-party services, your actions will be governed by those third parties’ own terms of service. These third parties’ use of your personal information will also be subject to their privacy policies, so we suggest that you review their privacy policies too.

8. DISCLAIMER OF WARRANTIES AND LIABILTIES.

ZOFWARE MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE ZOFWARE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS, OR DATA.

THE ZOFWARE SERVICES ARE PROVIDED TO YOU “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOUR USE OF THE ZOFWARE SERVICES IS AT YOUR SOLE RISK.

ZOFWARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE ZOFWARE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. INDEMNIFICATION.

You will hold Zofware, its affiliates, licensors, suppliers, and their respective officers, directors, and employees, harmless and indemnify and defend them from and against any and all claims, losses, damages, fines and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your: (i) breach or alleged breach of these Terms; (ii) distribution of User Content through the Zofware Services; and (iii) use of the Zofware Services.

10. MISCELLANEOUS.

  1. These Terms are the complete and final agreement between Zofware and you for the Zofware Services.
  2. These Terms may not be modified except in a written document signed by you and Zofware. Zofware may transfer or assign these Terms and the Zofware Services, in whole or in part, to any third party. You agree that your breach of these Terms will cause Zofware immediate and irreparable harm and Zofware will be entitled to seek injunctive relief without the necessity of posting bond.
  3. Zofware and you are independent parties and nothing in these Terms creates an employment or agent relationship.
  4. If any provision herein is held to be unenforceable, such provision will be reformed in that matter only to the extent necessary to make it enforceable, and will not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
  5. These Terms are governed by the laws of Washington state, without regard to choice of law provisions, and you agree to the exclusive jurisdiction and venue of the state and federal courts in Seattle, Washington. If any suit or action is instituted to enforce these Terms, the prevailing party will recover from the losing party all fees, costs, and expenses, including, without limitation, all fees, costs, and expenses for appeals and for attorneys and accountants, of enforcing its rights under these Terms.

11. CHANGES TO THESE TERMS.

From time to time, we may make changes these Terms. If we make any material changes, we will let you know by either posting an update on the Website or by sending you an email if we have your email address on file. In some situations, we will notify you before making changes to the Terms and your continued use of the Zofware Services will mean you have accepted the new Terms.