Terms of Service

INTRODUCTION; AGREEMENT TO THESE TERMS OF SERVICE

Welcome to the Persistence Multimedia Productions LLC mobile device software application (the "League Mobile Apps Software"), web site, web widgets, feeds and services, and any other mobile, web services or applications owned, controlled or offered by Persistence Multimedia Productions LLC (collectively, the "League Mobile Apps Services").

Subscribers, customers, users, and others who download, access, use, purchase, and/or subscribe to the League Mobile Apps Services (collectively or individually "You" or "Users") must do so under the following terms and conditions of use.

BEFORE USING ANY LEAGUE MOBILE APP SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING, AND/OR USING THE LEAGUE MOBILE APPS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE LEAGUE MOBILE APP REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE LEAGUE MOBILE APPS SERVICES IMMEDIATELY.

THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND LEAGUE MOBILE APPS. You may receive a copy of this Agreement by emailing us at: privacy@leaguemobileapps.com, Subject: Terms of Service Agreement.

ALL THE LEAGUE MOBILE APPS SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 14 YEARS OR OLDER. IF YOU ARE UNDER AGE 14, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF THROUGH THE LEAGUE MOBILE APPS REGISTRATION PROCESS. IF YOU ARE A PARENT OR GUARDIAN ENTERING INTO THIS AGREEMENT FOR THE BENEFIT OF A CHILD UNDER 14, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE LEAGUE MOBILE APPS SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

1. IMPORTANT DISCLAIMERS.

THE LEAGUE MOBILE APPS SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED, AND RATING SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE LEAGUE MOBILE APPS SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.

LEAGUE MOBILE APPS IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE - OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.

YOU ACKNOWLEDGE AND AGREE THAT LEAGUE MOBILE APPS HAS OFFERED THE LEAGUE MOBILE APPS SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LEAGUE MOBILE APPS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LEAGUE MOBILE APPS. LEAGUE MOBILE APPS WOULD NOT BE ABLE TO PROVIDE THE LEAGUE MOBILE APPS SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

2. PRIVACY NOTICE; GUIDELINES TO INDIVIDUAL FEATURES AND SERVICES

League Mobile Apps' Privacy Notice is hereby incorporated into this Agreement by reference. Please read this notice carefully for disclosures relating to the collection, use, and disclosure of your personal information and real-time location information.

When using any of the League Mobile Apps Services, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the "Guidelines"). For example, the League Mobile Apps Services may send messages to other Users. All Guidelines are hereby incorporated by reference into this Agreement.

3. MODIFICATION OF THIS AGREEMENT

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the League Mobile Apps Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on League Mobile Apps Services.

4. OWNERSHIP; PROPRIETARY RIGHTS

The League Mobile Apps Services are owned and operated by Persistence Multimedia Productions LLC. The League Mobile Apps Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the League Mobile Apps Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the League Mobile Apps Services are the property of Persistence Multimedia Productions LLC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the League Mobile Apps Services are proprietary to Persistence Multimedia Productions LLC or its affiliates and/or third-party licensors. Except as expressly authorized by League Mobile Apps, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

5. PAYMENT TERMS; CANCELLATION

You agree to pay any fees due for and incurred by your use of the League Mobile Apps Services. Any payments and fees for your purchase and use of the League Mobile Apps Services may be managed by your mobile carrier. Please refer to your mobile carrier's regular billing statement for charges related to the League Mobile Apps Services, and contact your mobile provider directly with any questions or comments related to these fees. If you wish to discontinue using the League Mobile Apps Services, then you may remove the application for your mobile device.

6. USAGE RULES; PROHIBITED CONDUCT & USES

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

  1. use the League Mobile Apps Services or any location information displayed within the League Mobile Apps Services to "stalk", harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other users without their consent;
  2. use the League Mobile Apps Services if you are under the age of 14 years old;
  3. include offensive or pornographic materials in your League Mobile Apps Services personal profile page;
  4. use the League Mobile Apps Services for any commercial or non-private use, it being understood that the League Mobile Apps Services are for personal, non-commercial use only;
  5. use the League Mobile Apps Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, rights of publicity, and import or export control;
  6. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the League Mobile Apps Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  7. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the League Mobile Apps Services accounts of other Users;
  8. misrepresent the source, identity or content of information transmitted via the League Mobile Apps Services;
  9. remove, circumvent, disable, damage or otherwise interfere with security-related features of the League Mobile Apps Services, features that prevent or restrict use or copying of any content accessible through the League Mobile Apps Services, or features that enforce limitations on use of the League Mobile Apps Services;
  10. intentionally interfere with or damage operation of the League Mobile Apps Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  11. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  12. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
  13. use the League Mobile Apps Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or
  14. use the League Mobile Apps Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the League Mobile Apps Services could lead directly to death, personal injury, or severe physical or property damage.
  15. attempt to gain unauthorized access to the League Mobile Apps Services, or any part of it, other accounts, computer systems or networks connected to the League Mobile Apps Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the League Mobile Apps Services or any activities conducted on the League Mobile Apps Service;
  16. use any robot, spider, scraper or other automated means to access the League Mobile Apps Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the League Mobile Apps Services or modify the League Mobile Apps Services in any manner or form, nor to use modified versions of the League Mobile Apps Services, including (without limitation) for the purpose of obtaining unauthorized access to the League Mobile Apps Services.

7. USAGE; REFUSAL OR SUSPENSION OF SERVICE

7.1 LEAGUE MOBILE APPS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, LEAGUE MOBILE APPS ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO THE LEAGUE MOBILE APPS SERVICES AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.

7.2 You alone are responsible for your involvement with other Users.

7.3 League Mobile Apps does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the League Mobile Apps Services.

PLEASE NOTE: LEAGUE MOBILE APPS RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.

8. USER SUBMISSIONS

8.1 The League Mobile Apps Services allow the submission of content and materials (such as pictures, ratings, ideas, or notes) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize League Mobile Apps to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the League Mobile Apps Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the League Mobile Apps Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.

8.2 By submitting User Submissions to League Mobile Apps, you hereby grant League Mobile Apps a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, User Submissions in connection with the League Mobile Apps Services and Persistence Multimedia Productions LLC's (and its successor's) business, including without limitation for promoting and redistributing part or all of the League Mobile Apps Services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the League Mobile Apps Services a non-exclusive license to access your User Submissions through the League Mobile Apps Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the League Mobile Apps Services and under this Agreement.

8.3 You understand that when using the League Mobile Apps Services you will be exposed to User Submissions from a variety of sources, and that League Mobile Apps is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against League Mobile Apps with respect thereto.

8.4 League Mobile Apps assumes no responsibility whatsoever in connection with or arising from User Submissions. You understand that whether or not such User Submissions are published, League Mobile Apps does not guarantee any confidentiality with respect to any User Submissions. League Mobile Apps assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time League Mobile Apps chooses, in its sole discretion, to monitor User Submissions, League Mobile Apps nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, League Mobile Apps does not endorse and has no control over the content of User Submissions submitted by other Users. League Mobile Apps makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, League Mobile Apps reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

9. END USER LICENSES

9.1 LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the League Mobile Apps Software you must have a mobile device that is compatible with the League Mobile Apps Services. League Mobile Apps does not warrant that the League Mobile Apps Services will be compatible with your mobile device.

  1. License Grant. League Mobile Apps hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the League Mobile Apps Software as follows: You may use the League Mobile Apps Software for one League Mobile Apps Services subscription account (a "Subscription Account" is comprised of the shared resources accessible by a single profile ID) on one mobile device owned or leased solely by you, for your personal use.
  2. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the League Mobile Apps Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the League Mobile Apps Software to any third party or use the League Mobile Apps Software to provide time sharing or similar services for any third party; (iii) make any copies of the League Mobile Apps Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the League Mobile Apps Software, features that prevent or restrict use or copying of any content accessible through the League Mobile Apps Software, or features that enforce limitations on use of the League Mobile Apps Software; or (v) delete the copyright and other proprietary rights notices on the League Mobile Apps Software.
  3. Software Upgrades. You acknowledge that League Mobile Apps may from time to time issue upgraded versions of the League Mobile Apps Software, and may automatically electronically upgrade the version of the League Mobile Apps Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
  4. Open Source. With respect to any open source or third-party code that may be incorporated in the League Mobile Apps Software, such open source code is covered by the applicable open source or third-party EULA, if any, authorizing use of such code.
  5. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the League Mobile Apps Software or any copy thereof and Persistence Multimedia Productions LLC or its third party partners or suppliers retain all right, title, and interest in the League Mobile Apps Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. League Mobile Apps reserves all rights not expressly granted under this Agreement.

9.2 GOVERNMENT END USERS. If this League Mobile Apps Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the League Mobile Apps Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

9.3 EXPORT CONTROL. The League Mobile Apps Software originates in the United States, and is subject to United States export laws and regulations. The League Mobile Apps Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the League Mobile Apps Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the League Mobile Apps Software and the League Mobile Apps Services.

10. VIOLATIONS; TERMINATION

You agree that League Mobile Apps, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account (or any part thereof) you have with the League Mobile Apps Services or use of the League Mobile Apps Services and remove and discard all or any part of your account or any User Submission, at any time. You further agree that Persistence Multimedia Productions LLC may terminate any part of the League Mobile Apps Services if (1) the partner with whom we offered the service to you has terminated its relationship with League Mobile Apps or ceased to offer the service to you, (2) in Persistence Multimedia Productions LLC's opinion, the service is no longer commercially viable, or (3) we are required to do so by law. You agree that any termination of your access to the League Mobile Apps Services or any account you may have or portion thereof may be effected without prior notice, and you agree that League Mobile Apps will not be liable to you or any third-party for any such termination. League Mobile Apps does not permit copyright infringing activities on the League Mobile Apps Services, and reserves the right to terminate access to the League Mobile Apps Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the League Mobile Apps Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies League Mobile Apps may have at law or in equity.

11. DISCLAIMERS; NO WARRANTIES

THE LEAGUE MOBILE APPS SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LEAGUE MOBILE APPS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. LEAGUE MOBILE APPS, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION LEAGUE MOBILE APPS' THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

LEAGUE MOBILE APPS AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION LEAGUE MOBILE APPS' THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LEAGUE MOBILE APPS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LEAGUE MOBILE APPS SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LEAGUE MOBILE APPS, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION LEAGUE MOBILE APPS' THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE LEAGUE MOBILE APPS SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR OTHERWISE. YOU (AND NOT LEAGUE MOBILE APPS OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE LEAGUE MOBILE APPS SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE LEAGUE MOBILE APPS SERVICES AT YOUR OWN DISCRETION AND RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12. INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold League Mobile Apps, its affiliated companies, and its suppliers and partners (including, without limitation, League Mobile Apps' wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of any location information or the League Mobile Apps Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of the League Mobile Apps Services to meet another User in-person or to locate and attend any offline place or event. League Mobile Apps reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with and provide any necessary information for our defense of these claims.

13. LIMITATION OF LIABILITY AND DAMAGES

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL LEAGUE MOBILE APPS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, LEAGUE MOBILE APPS' WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE LEAGUE MOBILE APPS SERVICES; (C) THE LEAGUE MOBILE APPS SERVICES GENERALLY OR THE LEAGUE MOBILE APPS SOFTWARE OR SYSTEMS THAT MAKE THE LEAGUE MOBILE APPS SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH LEAGUE MOBILE APPS OR ANY OTHER USER OF THE LEAGUE MOBILE APPS SERVICES, EVEN IF LEAGUE MOBILE APPS OR A PERSISTENCE MULTIMEDIA PRODUCTIONS LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL LEAGUE MOBILE APPS' (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, LEAGUE MOBILE APPS' WIRELESS CARRIER PARTNERS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE LEAGUE MOBILE APPS SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE LEAGUE MOBILE APPS SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT LEAGUE MOBILE APPS' LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

14. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

Digital Millennium Copyright Act Compliance. It is League Mobile Apps' policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, League Mobile Apps will promptly terminate without notice the accounts of Users that are determined by League Mobile Apps to be "repeat infringers." A repeat infringer is a User who has been notified by League Mobile Apps of infringing activity violations more than twice and/or who has had a User Submission removed from the League Mobile Apps Services more than twice.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on any League Mobile Apps Services infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing League Mobile Apps' Designated Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable League Mobile Apps Services are covered by a single notification, a representative list of such works on the applicable League Mobile Apps Services;
  3. 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 League Mobile Apps to locate the material;
  4. Information reasonably sufficient to permit League Mobile Apps to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
  6. 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 example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

League Mobile Apps' Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at copyright@leaguemobileapps.com . For clarity, only DMCA notices should go to the League Mobile Apps Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to League Mobile Apps customer service through support@leaguemobileapps.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

15. MISCELLANEOUS

15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law.

15.2 Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the League Mobile Apps Services shall be filed only in the state or federal courts in and for Cobb County, Georgia and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Either Persistence Multimedia Productions LLC or you may demand that any dispute or claim between Persistence Multimedia Productions LLC and you about or involving the League Mobile Apps Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in Atlanta, Georgia, USA and, if so demanded by Persistence Multimedia Productions LLC or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in ATL, GA to resolve the applicable dispute or claim; provided that the foregoing shall not prevent Persistence Multimedia Productions LLC from seeking injunctive relief in a court of competent jurisdiction.

15.3 Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

15.4 Notices. You agree that Persistence Multimedia Productions LLC may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the League Mobile Apps Services. Notice will be deemed given twenty-four hours after email is sent, unless Persistence Multimedia Productions LLC is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the League Mobile Apps Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the League Mobile Apps Services are deemed given and binding 30 days following the initial posting.

15.5 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Persistence Multimedia Productions LLC without restriction.

15.6 Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, Sections 1, 4, 6, and 10 through 15 hereby survive any termination of this Agreement or any termination of your use of or subscription to the League Mobile Apps Services.

15.7 Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Persistence Multimedia Productions LLC as set forth in Section 3 above.

15.8 Claims. YOU AND PERSISTENCE MULTIMEDIA PRODUCTIONS LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LEAGUE MOBILE APPS SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15.9 Disclosures. The services hereunder are offered by Persistence Multimedia Production LLC.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.