Effective Date: March 20, 2018
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND team 10 ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN THE ARBITRATION AGREEMENT SECTION.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE SERVICE IMMEDIATELY.
A few important points:
· We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Service at any time after such changes are posted. If a material change is made, we will notify you through the Service. Read through any changes, and if you do not agree to them, please stop using the Service.
· Additional terms and conditions may apply to specific products, promotions or your use of certain features on the Service. These additional terms are also legally binding.
Eligibility. You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant to us that: a) you are at least 13 years old, b) you are legally allowed to enter into this contract, and c) your use of the Service is not in violation of any applicable laws or regulations. If you do not meet all of these requirements, you must not access or use the Service.
The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by us.
Effect of Termination. Generally, upon any termination of this Agreement:
· All your rights under this Agreement immediately terminate;
· You remain responsible for all fees and charges; and
· You will immediately return or, if instructed by us, destroy all Content in your possession.
3. Use the Services
License. The Service and any content (images, logos, text, music, sounds, videos, quizzes, literature, commentary, wallpaper, badges, etc.), data or software made available through or in connection with the Service (including via related websites) (collectively, “Content”) is owned by us or used under license. Content is protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws in your use of the Content, including preventing any unauthorized copying. Except as expressly provided herein, we do not grant any express or implied proprietary rights to the Content.
Subject to your compliance with these Terms (and any other terms communicated in connection with specific Content) and your payment of any required fees (if applicable), Team 10 hereby grants you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to the Content for your personal, non-commercial use only. You agree not to dispute our claims of ownership or validity of our rights in the Content.
Permissions and Restrictions. Team 10 grants you permission to access and use the Service as set forth in these Terms, subject to the following restrictions:
· Do not collect or solicit Personal Data from other users or send unsolicited messages.
· Do not use automated technology to interact with the Service.
· Do not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
· Do not reverse-engineer, decompile, disassemble, modify, or create derivative works based on the Service, its contents or any part thereof (unless permitted by applicable law).
· Do not circumvent any technology used by us, our licensors, or any third party to protect the content or the Service.
· Do not “crawl” the Service or otherwise use any automated means (including bots, scrapers, and spiders) to collect information from us, our users or the Service.
· Do not misrepresent or embellish the relationship between yourself and Team 10, Jake Paul or any Influencer (including by expressing or implying that we support, sponsor, or endorse your business endeavors), or express or imply any relationship or affiliation between us and you or any other person or entity, except as expressly permitted by this Agreement.
· Do not interfere with Team 10’s (including its officers, managers, employees, and affiliates) personal or business relationships concerning the Service or this Agreement.
No Obligation to Monitor, No Support. Team 10 has the right to screen or remove User Content – but we have no obligation to do so. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you may be exposed to User Content from a variety of sources and you acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Site.
We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from Common Sense (https://www.commonsensemedia.org) and OnGuard Online (http://onguardonline.gov/). Please note that Team 10 does not endorse any of the products or services identified on such sites.
Liability. We take no responsibility for, we do not expressly or implicitly endorse, and we expressly disclaim any and all liability in connection with User Content. You use the Service and view the User Content strictly at your own risk. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secrets, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of User Content to the Services.
Feedback. If you choose to submit a business inquiry, provide input, suggestions or feedback regarding problems with or proposed modifications or improvements to the Services (“Feedback”), such Feedback shall be the exclusive property of Team 10 and we may use the Feedback in any manner and for any purpose without any compensation to you, including but not limited to, improving the Service or creating other products and services. You acknowledge and agree that your Feedback is not confidential, and that your provision of such Feedback is gratuitous and unsolicited, and does not place Team 10 under any fiduciary or other obligation.
4. Proprietary Rights
As between you and Team 10, you acknowledge that Team 10 retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Service, and all Content therein. The Team 10 name, tradename, trademark and logo are the property of Team 10. The Services may also contain third-party trademarks, service marks, graphics, and logos.
5. Digital Millennium Copyright Act
If you believe that any content on the Service infringes your copyright rights, please contact our designated agent for receiving such notifications in writing as follows:
Attn: DMCA Agent
Team 10 Official
1125 N. Fairfax Ave.
PO Box 46487
West Hollywood, CA 90046
E-mail address: email@example.com
Your communication must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512. You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
6. Reporting Trademark or Other IP Violations
If you are a trademark owner or owner of other intellectual property rights and believe that any content on the Services infringes upon your rights, we strongly encourage you to resolve your disputes directly with the user who posted the content in question. You can also submit a written claim of infringement to our DMCA Agent, listed above. We may perform a limited review of reasonable complaints and will remove content in clear cases of infringement. To further encourage resolution between users, we will forward each trademark complaint to the uploader before taking any action, giving the uploader the opportunity to address any potential trademark or other intellectual property issues.
Repeat Infringers. We will terminate your access to the Service if, under appropriate circumstances, we determine you are a repeat infringer.
7. Third Party Sites, Applications and Social Networking Sites
Third Party Sites. The Service may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. Team 10, its subsidiaries and affiliated companies have no control over, and are not responsible for any content, products or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.
Any third party hyperlinks made to the Service must include a clear explanation that the Service is the property of Team 10 and that no relationship to Team 10, or its subsidiaries and affiliates to the linking site shall be suggested or created by the link.
Third Party Applications and Social Networking Sites. The Services may be integrated with third party applications, websites (“Third Party Applications”), and social networking sites (“SNS”) to make available content, products, and/or services to you. These Third Party Applications or SNSs may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Team 10 does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
If you choose to communicate with us, you expressly consent to us contacting you in the manner you request.
E-mail. You may opt-out of receiving Team 10 e-mails by unsubscribing in the e-mail.
SMS/MMS Messages. If you choose to enroll in a text message service (“Text Service”) offered by Team 10, you agree to receive recurring offers and other information from us via SMS and/or MMS message. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. The enrollment process will disclose the program, frequency of messages, and options to cancel your enrollment.
Messages may be sent through an automatic telephone dialing system. There is no additional charge for the Text Service, unless specifically disclosed and agreed by you, but you may be offered opportunities to make purchases through the Text Service and you will be responsible for any charges associated with such purchases. Your mobile carrier’s standard message and data rates apply to any messages you send or receive through the Text Service, including our confirmations and subsequent texts. Please contact your mobile carrier if you have any questions regarding your mobile data and messaging plan.
As described at program enrollment and in program welcome messages, including messages sent to a shortcode associated with the Text Service or by replying to any message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel your Text Service, you agree to receive a final text message from the Text Service to confirm your cancellation. You agree to notify us of any changes to your mobile number and update your account with us to reflect this change and acknowledge that you are responsible for the accuracy of this information. You can contact us with questions by using the information provided in the Contact Information section of these Terms below.
Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. We are not liable for any delays in the receipt of, or failure to receive, any SMS or MMS texts, as delivery is subject to effective transmission by your mobile carrier.
8. Promotions, Offers and Sweepstakes
We may offer promotions or other offers, from time to time. These promotions, offers and sweepstakes will have their own rules and terms that you should review for each specific promotion, offer or sweepstakes. Those terms will apply in addition to these Terms.
We are not required to give, and you are not required to accept, any offers we may promote through the Services. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to receive the offer. Some offers may be subject to taxes and other charges or restrictions which will be disclosed before you accept the offer. If you accept an offer you also assume all liability associated with that offer.
You agree to indemnify, defend and hold harmless Team 10, its subsidiaries, affiliates and each of our and their respective officers, employees, contractors, directors, suppliers and representatives (“Team 10 Parties”) from and against any losses, expenses, damages, claims, actions, demands or expenses (including reasonable attorney’s fees) including personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the Team 10 Parties or any third party vendor, arising out of or in connection with: (a) your use of the Services, (b) your breach of these Terms, including any abusive or unlawful behavior, or (c) your infringement of any intellectual property or privacy right of any third party. This indemnification provision shall apply to third party claims as well as claims between you and the Team 10 Parties under these Terms.
You acknowledge and agree that your App Store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION, OUR CONTENT AND ANY TEXT SERVICE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NONE OF THE TEAM 10 PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) USER CONTENT, CONTENT, TEXT SERVICE; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES. IN ADDITION, THE TEAM 10 PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.
THE TEAM 10 PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES, CONTENT OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, MALWARE OR VIRUSES.
THE TEAM 10 PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES OR CONTENT IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE TEAM 10 PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES.
11.Limitation of Liability
THE TEAM 10 PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES (INCLUDING ANY TEXT SERVICE) OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, ANY DELAYS ON THE SERVICES, OR THE INABILITY TO USE THE SERVICES, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE TEAM 10 PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE TEAM 10 PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
The Services are controlled and offered by Team 10, Inc. Team 10 makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, the liability of the Team 10 Parties will be limited to the fullest extent permitted by applicable law.
12.Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.83, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
The Services is intended for visitors located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.
If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Services, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your Account information, if your dispute relates to your Account). You will give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If Team 10 does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the Arbitration agreement below.
15.Arbitration Agreement and Class Action Waiver
In the event you and Team 10 cannot resolve your dispute pursuant to the Dispute Resolution section above, you and Team 10 agree that the dispute shall then be resolved exclusively through final and binding arbitration, and not in court, except that you may assert claims in small claims court if your claims qualify.
Class Action Waiver. ANY SUCH DISPUTE SHALL NOT BE COMBINED OR CONSOLIDATED WITH A DISPUTE INVOLVING ANY OTHER PERSON’S OR ENTITY’S PRODUCT OR CLAIM, AND SPECIFICALLY, WITHOUT LIMITATION OF THE FOREGOING, SHALL NOT UNDER ANY CIRCUMSTANCES PROCEED AS PART OF A CLASS ACTION. YOU AND TEAM 10 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND TEAM 10 AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TEAM 10 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
OPT OUT. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY PROVIDING NOTICE TO TEAM 10, NO LATER THAN THIRTY (30) CALENDAR DAYS FROM THE DATE OF FIRST PURCHASE FROM THE SERVICE. TO OPT OUT, YOU MUST SEND NOTICE BY E-MAIL TO [ ]@TEAM10OFFICIAL.COM, WITH THE SUBJECT LINE: “ARBITRATION OPT OUT.” IN YOUR OPT OUT E-MAIL, YOU MUST INCLUDE (A) YOUR NAME, ADDRESS AND E-MAIL ADDRESS USED IN CONNECTION WITH THE SERVICE OR PRODUCT AND (B) THE DATE ON WHICH YOU FIRST PURCHASED THE SERVICE OR PRODUCT.
Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) enforce an arbitral award through the applicable federal, state, or local agency; (c) seek injunctive relief or other provisional remedies in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Team 10 will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to his or her jurisdiction, and the interpretation, applicability, or enforceability of this binding Arbitration Agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). Team 10’s address for Notice is found in the Contact Us section, below.
The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received as described under “Dispute Resolution” above, you or Team 10 may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Team 10 must not be disclosed to the arbitrator. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California, but you may appear, at your election, via telephone or video. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. You and Team 10 agree that under no circumstances shall the arbitrator have the right or ability to award punitive damages to either party.
Modifications. If we make any future change to this arbitration provision (other than a change to our address for Notice), you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with us will be immediately terminated and this Arbitration Agreement, as in effect immediately prior to the amendments you reject will survive.
Enforceability. If this Section is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms.
Governing Law. This Agreement and any dispute of any sort that might arise between you and Team 10 shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and laws of the State of California, U.S., without respect to its choice of law principles. If a lawsuit or court proceeding is permitted under this Agreement, you and Team 10, agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles, California for the purpose of litigating any dispute.
No Waiver. No failure or delay by Team 10 in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.
Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of the Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from the Agreement but the rest of the terms of the Agreement will remain in full force and effect.
Headings. The headings in this Agreement are for convenience only and have no legal or contractual effect.
Force Majeure. Team 10 will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
Entire Agreement. This Agreement represents the entire understanding between the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between you and Team 10 regarding its subject matter, and may not be amended, altered or waived.
Assignment. You may not assign these Terms without the prior written consent of Team 10 but we may assign these Terms without any notice to you.
We may change, discontinue, or delete any feature of the Service (including the Service as a whole) or change or remove any features or functionality.
We may modify these Terms from time to time. If we make material changes to these Terms, we will notify you by posting the changes here and we will change the “Last Updated” date, listed above. You agree that such modifications may become effective immediately. Your continued use of the Service following notice of such changes shall indicate your acknowledgement and agreement to be bound by the terms and conditions of such changes. If you do not agree to, or cannot comply with, these Terms as amended, you must stop using the Services.
Team 10 Official
1125 N. Fairfax Ave.
PO Box 46487
West Hollywood, CA 90046