Terms

Officialize and Officialize.com Terms of Service

Welcome to the official website of Officialize, www.officialize.com, owned and operated by Officialize. (“Officialize”). Except as otherwise noted herein, these terms of service (the “Terms of Service”) govern your use of the Officialize website and any other online or mobile website applications or digital services operated by Officialize on behalf of itself, it’s constituents and affiliates, including any affiliated athlete websites or mobile website applications and/or affiliated posts that provide a link to these Terms of Use (collectively, the “Sites”). These Terms of Service apply to all users of the Sites, including, but not limited to, users who are contributors of content, information, and other materials or services, registered or otherwise.

 

Acceptance of Terms of Service

Please read these Terms of Service carefully, as your use of the Sites constitutes your agreement to follow and be legally bound by these Terms of Service. If you do not agree to these Terms of Service, you should not access or use the Sites. Officialize reserves the right to make changes to the Sites and to these Terms of Service from time to time, in its sole discretion and without notice to you. Officialize therefore encourages you to review these Terms of Service whenever you use the Sites because by visiting and/or using the Sites, you agree to accept any such changes. Officialize provides you with access to and use of the Sites subject to your compliance with these Terms of Service.

 

Eligibility

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Sites without consent of a parent or legal guardian and their acceptance of these Terms of Service on your behalf. We may, in our sole discretion, refuse to offer access to the Sites to any person or entity. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Sites is revoked where these Terms of Service or access/use of the Sites is prohibited, or to the extent offering, sale or provision of the Sites conflicts with any applicable law, rule or regulation. Further, the Sites are offered only for your use, and not for the use or benefit of any third party. You must notify us immediately of any change in your eligibility to use the Sites, breach of security or any other unauthorized use of the Sites you may become aware of. Officialize reserves the right to change or alter eligibility criteria, whether generally or for any specific person or entity, at any time and in our sole discretion.

 

Registration

You can use most parts of the Sites without registering, but occasionally there may be features that require you and/or prompts for you to sign up. When you sign up for any such features, prompts or in general via the Sites’ menus, you must provide accurate and complete information and keep such information updated. You may never use another person’s personal information to sign up for any part of the Sites without that person’s permission. Additionally, you may be able to access certain parts or features of the Sites via Facebook, Google or other site (an example of utilizing a “Third Party Service” or Account.) By using the Sites through a Third Party Service, you permit us to access certain information from such account for use by the Sites. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. You may unsubscribe to the Sites at any time by emailing us at [email protected].

 

Privacy Policy

Officialize respects and takes seriously the privacy of its affiliates, constituents, and visitors to the Sites. For more on our privacy policy, please visit www.officialize.com/privacy.

 

Trademarks, Copyrights, and Restrictions

All material on the Sites, including, but not limited to images, photographs, video clips, audio clips, characters, names, graphics, logos, illustrations or other protectible mediums are protected by copyrights, trademarks, and other rights which are owned and/or controlled by Officialize, its constituents or affiliates, or by other parties that have licensed their material to Officialize. You may use material from the Sites only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from the Site may not be copied, reproduced, republished, uploaded, transmitted, or claimed as the work of another in any way without express authorization of Officialize. The use of any such material on any other website or networked computer environment, unless expressly authorized, is prohibited.

Officialize respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Officialize with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For questions related to or copyright inquiries under the Digital Millennium Copyright Act please contact: [email protected].

 

Linked Sites and Site Links

The Sites may contain links to other websites ("Linked Sites"). Linked Sites maintained by affiliates of Officialize are operated subject to their own terms of service or use. Officialize is not responsible for the content of any Linked Site that is not affiliated with Officialize. The links to these websites are for your convenience only, and you access them at your own risk.

Officialize welcomes links to the Sites. You may establish a link to the Sites, provided that the link is properly attributed to Officialize and does not state or imply any sponsorship or endorsement of your website by Officialize, its constituents, affiliates, or any third party affiliated with Officialize. You may not use on your website any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of Officialize and/or the owner of the mark or right. You may not frame or otherwise incorporate into another website any of the content or other materials on the Site without prior written consent and attribution to Officialize.

 

Content

For purposes of these Terms of Service, the term “Content” includes, without limitation articles, photographs, images, illustrations, audio clips, video clips, written posts and comments, software, scripts, graphics, and other information, data, text, and interactive features generated, provided, or otherwise made accessible on or through the Sites. For the purposes of this Agreement, “Content” also includes all User Generated Content (as defined below).

 

A. Officialize Content

All Content published or otherwise made available through the Sites are protected by copyright pursuant to U.S. and international copyright laws, and owned or controlled by Officialize, its constituents, affiliates and licensors, as applicable. The Sites and all Content are provided solely for your personal, noncommercial use only. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Sites. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Sites (including software) in whole or in part.

All Content published or otherwise made available through the Sites are protected by copyright pursuant to U.S. and international copyright laws, and owned or controlled by Officialize, its constituents, affiliates and licensors, as applicable. The Sites and all Content are provided solely for your personal, noncommercial use only. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Sites. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Sites (including software) in whole or in part.

 

B. User Content

All Content added, created, uploaded, submitted, distributed, or posted to the Sites by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Sites is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Sites is or will continue to be accurate.

By submitting User Content through the Sites, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Sites and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after termination of your account or the Sites. You also hereby do and shall grant each user of the Site a non-exclusive, perpetual license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after termination of your account or the Sites. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

 

C. Third Party Services and Sharing of Content

Certain features of the Sites allow you to share information with others, including through your social networks or other websites, services or resources on the internet (“Third Party Services”). When you access third party resources on the Internet, you do so at your own risk. These other resources are not under the control of Officialize, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of any Third Party Services. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Service.

When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Sites with others through your accounts on Third Party Services, such as your social networks, you expressly authorize Officialize to share that information with the applicable Third Party Service. Please review the policies of any Third Party Services you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

 

D. Availability of Content

Officialize does not guarantee that any Content will be made available on the Site at any particular time, or at all. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Sites.

 

Officialize Rules of Conduct

As a condition of use, you promise not to use the Sites for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Sites. You shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Sites, including but not limited to any User Content, that:

 

  1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy above);
  2. you know is false, misleading, untruthful or inaccurate;
  3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  6. impersonates any person or entity, including but not limited to any of our employees, representatives, constituents, affiliates or others; or
  7. impersonates any person or entity, including but not limited to any of our employees, representatives, constituents, affiliates or others; or

 

Further, you shall not:

  1. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
  2. interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites;
  3. bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Sites (or other accounts, computer systems or networks connected to the Sites);
  4. run any form of auto-responder or “spam” on the Sites;
  5. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites;
  6. harvest or scrape any Content from the Sites;
  7. otherwise take any action in violation of these Terms of Service, our guidelines and other policies.

 

Additionally, you shall not (either directly or indirectly):

  1. A. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;
  2. B. modify, translate, or otherwise create derivative works of any part of the Sites,
  3. C. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
  4. D. violate any applicable local, state, national and international laws and regulations.

 

Officialize also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

 

Termination

We may terminate your access to all or any part of the Sites at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms of Service which by their nature should survive termination, shall survive termination, including, but not limited to, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimers

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding (i) which users gain access to the Sites; (ii) what Content you access via the Sites; orv(iii) how you may interpret or use the Content.

You hereby expressly agree to release us from all liability for you having acquired or not acquired Content through the Sites. We make no representations concerning any Content contained in or accessed through the Sites, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Sites. The material that you read on the Sites is provided for entertainment purposes.

The information and opinions expressed in any feeds, boards, or other forums conducted on the Sites (“Forums”) are not necessarily those of Officialize nor its constituents, affiliates or related entities or content providers, and Officialize makes no representations or warranties regarding that information or those opinions. Furthermore, neither Officialize nor its constituents, affiliates or related entities or content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the web site.

THE SITES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. OFFICIALIZE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONSTITUENTS, AFFILIATES AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SITES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SITES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITES IS SOLELY AT YOUR OWN RISK, AND YOU (NOT OFFICIALIZE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

 

Indemnification

You hereby expressly agree to defend, indemnify, and hold harmless us, our constituents, affiliates, related entities and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Sites, Content, or otherwise from any violation of these Terms of Service, your User Content, or infringement by you, or any third party using your account or identity on the Sites, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

 

Limitation of Liability

To the fullest extent permissible by applicable law, in no event shall Officialize, or its present or future constituents, affiliates, or related entities, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the site, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the Sites. Without limiting the generality of the foregoing, you also specifically acknowledge that Officialize, or its present or future constituents, affiliates, related entities, are not liable for any actual or alleged defamatory, offensive, or illegal conduct of users of the Sites, or any other third parties.

IN NO EVENT SHALL OFFICIALIZE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONSTITUENTS, AFFILIATES AND CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular services during the immediate previous three (3) month period or (B) $100.00.

If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

 

Governing Law

These Terms of Service, as well as any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Sites, and/or the provision of content, services, and/or technology on or through the Sites, shall be governed by and construed in accordance with the laws of the State of Nevada, including its conflicts of law rules, and the United States of America.

 

Disputes and Arbitration Clause

Please read this section carefully - it may significantly affect your legal rights, including your right to file a lawsuit in court.

Any dispute relating in any way to these Terms of Service, your use of the Sites, or to any transaction with Officialize, or its present or future constituents, affiliates, or related entities, shall be submitted to confidential and binding arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the arbitration rules of the American Arbitration Association. The arbitration, including the rendering of the award, shall take place in Las Vegas, Nevada, United States, which shall be the exclusive forum for resolving any such dispute, controversy, or claim. Disputes about arbitration procedure shall be resolved by the arbitrator. The arbitrator may proceed to an award notwithstanding the failure of the other party to participate in the proceedings. The arbitrator shall be authorized to grant interim relief, including to prevent the destruction of goods or documents involved in the dispute, protect trade secrets, and provide for security for a prospective monetary award. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration shall be split by the parties and each party shall be responsible for their respective attorneys’ fees and expenses. The decision of the arbitrator shall be the sole and exclusive remedy of the parties and shall be enforceable in any court of competent jurisdiction. YOU HEREBY UNDERSTAND THAT BY AGREEING TO ARBITRATION IN THE EVENT OF A DISPUTE BETWEEN YOU AND COMPANY, YOU ARE EXPRESSLY WAIVING YOUR RIGHT TO REQUEST A TRIAL BY JURY IN A COURT OF LAW.

You hereby agree to waive any class action proceeding or counterclaim against Officialize, or its present or future constituents, affiliates, or related entities, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever which may arise out of or is related in any way to these Terms of Service or any provision hereof, in connection with your access to, and/or use of the Sites and/or your purchase of any goods or services therefrom.

If, notwithstanding the arbitration and class action waiver provisions stated above, a party shall succeed in bringing an action relating to any matter or dispute in a court of law, then the venue for resolution of such matter or dispute shall be the State or Federal Courts located in Las Vegas, Nevada. If, with respect to any action, suit, arbitration, hearing or other proceeding, a controversy or dispute arises that is based on or related to these Terms of Service or any provision hereof, each party is responsible for their own costs of such action or suit, and preparation therefore, and as an element of such costs, all attorneys’ fees incurred, whether or not such action or suit proceeds to final judgment.

 

Miscellaneous

A. Entire Agreement and Severability

These Terms of Service are the entire agreement between you and us with respect to your use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Sites. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder

 

B. Assignment

These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

 

C. Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and neither party has any authority of any kind to bind the other in any respect.

 

D. Notices

Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected].

 

E. No Waiver

Failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

 

F. Headings

The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

 

 

CONTACT
10680 Treena St., Suite 550
San Diego, CA 92131
[email protected]

EFFECTIVE DATE OF TERMS OF SERVICE: February 1, 2018