These terms explains the governance of your use of our web pages, application and services.
Introduction
Webmcioffi Studio (“Company” “us,” “we,” or “our”) operates the www.superstardle.com website, sub domain websites, applications and social media sites to provide products and services offered by Superstardle (hereinafter referred to as “Service” or “Services”).
Our Terms of Service govern your use of our web pages, application and the Services operated by the Company.
Contact details
Email at mike@superstardle.com
Account and access
We do not ask or require any account or registration to use the Service. As such, the Service is free to use.
Content and data addendum
The Company and its Service(s) are unaffiliated with any sports team, organization, or business entity, and solely provided for the purpose of trivia, fun, and leisure.
Data used across the Service is sourced from publicly available sports statistics, collected and re-used in such a manner to provide the product(s) offered by the Service. Publicly available sports statistics may include or refer to the leagues themselves, namely the National Basketball Assocition (NBA), Major League Baseball (MLB), National Hockey League (NHL), National Football League (NFL), Major League Soccer (MLS), The Premier League, Lega Serie A, La Liga, Ligue 1, or Bundesliga. Additionally, publicly available sports statistics may include or refer to third-party aggregators, namely Sports Reference LLC.
Logos, trademarks, and photos of player and teams are sole proprietorship of their owners and not the Service. Owners may include the National Basketball Assocition (NBA), Major League Baseball (MLB), National Hockey League (NHL), National Football League (NFL), Major League Soccer (MLS), The Premier League, Lega Serie A, La Liga, Ligue 1, or Bundesliga, and their respective teams, organizations, and affiliates.
Analytics
Cloudflare Analytics is a web analytics service offered by Cloudflare that tracks and reports website traffic. Cloudflare uses the data collected to track and monitor the use of our Services at the country level, and not a the IP level.
For more information on the privacy practices of Cloudflare, please visit the Cloudflare privacy web page at Cloudflare Privacy Policy.
Error reporting and feedback
You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Services (“Feedback”) directly at mike@superstardle.com. You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third-party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback. You hereby grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Links to other qebsites
Our Services may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
Disclaimer of warranty
THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, SAFETY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, AND TAKES NO RESPONSIBILITY FOR YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ACTIONS OR OMISSIONS; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS TO THE SERVICE, YOUR ACCOUNT OR CONTENT; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR YOUR ACCOUNT.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of liability
EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES, CONTENT OR THIRD-PARTY WEBSITES, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, USER CONTENT OR COMPANY CONTENT EXCEED FIVE HUNDRED U.S. DOLLARS ($500).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless Company and its respective vendors, affiliates and their officers, directors, representatives, employees, consultants, and agents (“Company Parties”) from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services or Company Content therein, (b) any Feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third-party, including intellectual property rights, privacy rights and rights of publicity. You agree to promptly notify Company of any third-party Claims and cooperate with the Company Parties in defending such Claims. You further agree that the Company Parties shall have the right to participate in the defense of any such Claim, subject to your indemnification obligation.
Governing law and venue
These Terms and your access and use of the Services shall be governed, construed and enforced in accordance with the laws of State of Massachusetts without regard to its conflict of law provisions. Any dispute between the parties will be resolved in the state or federal courts of the State of Delaware and each party hereby agrees with the exclusive jurisdiction and venue of such courts.
Changes to service and amendments to terms
We reserve the right to withdraw, modify or amend our Services, and any service or material we provide via our Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, or the entire Services, to users, including registered users.
We may amend these Terms at any time by posting the amended terms on our website. The revised version of the Terms will be effective at the time we post it on our website. Your continued use of the Services following the posting of amended or revised Terms means that you accept and agree to the changes in all respects.
Acknowledgement
BY USING OUR SERVICES OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AS MAY BE AMENDED FROM TIME TO TIME, AND AGREE TO BE BOUND BY THEM.