Terms of Service

1. Acceptance of Terms

By accessing or using the Kickbase Football platform ("Service"), you agree to be bound by these Terms of Service and all terms incorporated by reference. If you do not agree to all of these terms, do not use our Service.

We may modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Service after any modification signifies your acceptance of the modified Terms. We will notify users of any material changes through the Service or via email.

These Terms govern your use of the Kickbase website, mobile applications, and all related services. Additional terms may apply to specific features or content, and such terms are incorporated by reference into these Terms.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18 years of age, you represent that you have your parent or guardian's permission to use the Service and that your parent or guardian has agreed to these Terms on your behalf.

Users between the ages of 13 and 18 must have these Terms reviewed and accepted by a parent or legal guardian, who will be responsible for all activities conducted through the account. Certain features of the Service may have additional age requirements, particularly those involving financial transactions or premium content.

3. Account Registration

To access certain features of the Service, you must register for an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and for keeping your password secure.

You must notify Kickbase immediately of any breach of security or unauthorized use of your account. Kickbase will not be liable for any losses caused by any unauthorized use of your account.

You may control your user profile and how you interact with the Service by changing the settings in your account. By providing Kickbase with your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law.

4. License Grant

Subject to your compliance with these Terms, Kickbase grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause.

You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kickbase or its licensors, except for the licenses and rights expressly granted in these Terms.

5. User Content

The Service may allow you to create, post, store and share content, including messages, text, photos, videos and other materials (collectively, "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to the Service.

By creating, posting or sharing User Content on or through the Service, you grant Kickbase a worldwide, royalty-free, sublicensable, transferable license to use, modify, remove, publish, transmit, or display your User Content for any purpose without compensation to you, including for the purpose of promoting Kickbase and its services.

You agree not to post User Content that: (i) may create a risk of harm, loss, or injury to any person; (ii) may constitute or contribute to a crime or tort; (iii) contains any information or content that is illegal; (iv) contains any information or content that you do not have a right to make available under any law; (v) contains any information or content that you know is not correct and current; or (vi) violates any school or other applicable policy.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"
• Using any automated system, including "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Kickbase servers than a human can reasonably produce in the same period of time
• Transmitting spam, chain letters, or other unsolicited email
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service
• Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
• Uploading invalid data, viruses, worms, or other software agents through the Service
• Collecting or harvesting any personally identifiable information, including account names, from the Service
• Using the Service for any commercial solicitation purposes
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity
• Interfering with the proper working of the Service
• Accessing any content on the Service through any technology or means other than those provided or authorized by the Service
• Bypassing the measures we may use to prevent or restrict access to the Service

Kickbase reserves the right to take appropriate legal action against anyone who, in Kickbase's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

7. Fees and Payment

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms as we may update them from time to time. Kickbase may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

You authorize Kickbase to charge all sums for the orders that you make to the payment method specified in your account. If you pay any fees with a credit card, Kickbase may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize Kickbase to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums.

8. Termination

You may terminate your account at any time by contacting us at info@kickbase.app. Upon any termination, we will make all your data and content unavailable, but we may retain backup copies for a reasonable period of time.

Kickbase may suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice. Kickbase reserves the right to refuse service to anyone for any reason at any time.

Upon termination of your account, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

KICKBASE DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

KICKBASE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.

10. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, KICKBASE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL KICKBASE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID KICKBASE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Kickbase and its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service, (ii) your User Content, or (iii) your violation of these Terms.

Kickbase reserves 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 Kickbase in asserting any available defenses.

12. Dispute Resolution

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service shall be determined by binding arbitration in Moncton, New Brunswick, Canada, rather than in court.

The arbitration shall be administered by the Canadian Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You and Kickbase 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. Further, unless both you and Kickbase 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.

13. Miscellaneous

These Terms constitute the entire agreement between you and Kickbase concerning the Service and supersede all prior agreements and understandings, both written and oral, with respect to the Service.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Kickbase's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Kickbase may assign its rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.