MaxxSports.tv Privacy Policy
Thank you for using MaxxSports.tv! MaxxSports.tv respects your privacy. This Privacy Policy explains how MaxxSports.tv collects, uses, and transfers your information, and how you can control the use of the information that MaxxSports.tv collects.
Collection of Your Information
you may choose to give us certain information, for example, when you create your user profile or when you use the MaxxSports.tv services. Such information may include:
- Profile Information. You may provide us with profile information such as your e-mail address, user ID, a profile image, a cellular phone number, and password when you create an account or when you edit your account information.
- Connection to External Services. If you chose to connect your account to an account of an external service, such as a social networking site, we may collect certain information from those accounts. We will not collect any information other than the types of information you authorize such services to provide to us. You may provide such authorization during the connection process. For example, if you chose to connect your MaxxSports.tv account to a social networking account, we may collect your public profile information or your list of friends if you agree to the collection of this information during the connection process
- Media Content Information. MaxxSports.tv may store information about media items you chose to link with MaxxSports.tv services. For example, you may link a particular media item to a MaxxSports.tv service by adding the particular media item to a queue or playlist. The stored information may include images associated with the media items you chose to link, such as a poster image of a media item.
- Associated MaxxSports.tv Media Server Information. We may store information about a MaxxSports.tv Media Server when you create a MaxxSports.tv Media Server or when you connect to a MaxxSports.tv Media Server that you or another person has configured. The MaxxSports.tv Media Server information may include an IP address, a port number and name of the MaxxSports.tv Media Server, your favourite sport/s, your favourite amateur or professional team/s, you favourite player/s, and how you prefer to view your players & teams. In other words, on what devices, either live or archived to be viewed at a later time, you prefer for each sport or team. We store this information to enable you to access the associated MaxxSports.tv Media Servers at a time & on a device that is most convenient to you.
Automatically-Collected Technical Information
- We may collect information about your interactions with the MaxxSports.tv service to provide you with a better user experience as further described below. For example, we may maintain a list of media services consumed using MaxxSports.tv.
- Like many online services, we may collect information about the devices that are used to access our services, such as the IP address of the device, the operating system of the device, and the browser that you use to access a MaxxSports.tv streaming page.
- When a request for information or content is sent to a MaxxSports.tv Media Server, we may collect an application identifier which identifies the application which sent the request. An application identifier uniquely identifies a particular copy of an application. For example, if you download an application from MaxxSports.tv, delete the copy of the application, and then re-download the application from MaxxSports.tv, the new copy of the application will be associated with a different application identifier than the deleted copy of the application.
- Cookies: A cookie is a small piece of data that MaxxSports.tv transfers to your device for storage. MaxxSports.tv may create and store authentication cookies on your device, but MaxxSports.tv does not create or utilize tracking cookies.
- We may collect location information of devices that access our Services. The location information will not identify the location of a device with any more specificity than the city, county and country in which the device is located.
Use of Your Information
- We use the collected information to provide you with our services, improve our services, enhance your user experience, and communicate with you. For example, we may use information about your interactions with the MaxxSports.tv service to track the watch state of media items that have been linked to the MaxxSports.tv services. We may use this information to allow you to resume watching in the same watch state on different MaxxSports.tv-linked devices. As another example, we may track your consumption of media items to provide recommendations for other content you may enjoy.
- We use cookies to provide you with our services and to improve your user experience. For example, we may use an authentication cookie to determine whether you are logged in to a MaxxSports.tv account. We do not use cookies to track your activities outside of MaxxSports.tv services. You may choose to stop accepting cookies by adjusting the settings of your web browser. However, some MaxxSports.tv features will only function properly with cookies enabled.
- We may use your profile information to contact you about your account or about certain MaxxSports.tv services. You may opt-out of certain types of communications by editing your account settings.
- If you chose to connect your account to an account of an external service, such as social networking site, we may publish posts via the external services on your behalf, but only if you give us permission to do so. Additionally, the content of the published posts will be limited to describing your interactions with MaxxSports.tv services. For example, we may publish a post on your behalf describing content you have recently consumed using MaxxSports.tv services.
- We will not share your information with any third parties, except that we may do so in the following limited situations:
- With affiliates that assist us in providing you with our services, such as payment processors and cloud service providers, but we will require our affiliates to only use or disclose your information for the purposes of providing the services requested of them and in accordance with this Privacy Policy;
- If we believe that the disclosure is reasonably necessary to (a) satisfy an applicable law, regulation, legal process, or enforceable governmental request; (b) detect, prevent, or otherwise address illegal or suspected illegal activities; or (c) protect the safety, rights, or property of MaxxSports.tv, the public, or any person;
- In accordance with a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or other proceeding involving MaxxSports.tv that involves or requires the transfer of the information;
- If your information is a part of a set of non-private, aggregated, or otherwise non-personal information, such as aggregated usage statistics.
Protection of Your Information
- Password information is stored on our servers and is protected by the use of advance encryption technologies from Symantec.
- We do not store any of your billing details or credit card information on our servers. The data is encrypted and securely stored by an independent company, Authorize.net. A copy of the Authorize.net security policy is available here
Third-Party Products and Services
MaxxSports.tv may offer products or services from third parties, or may contain links to third-party websites, products, or services. For example, MaxxSports.tv may offer plug-ins developed by MaxxSports.tv users that interface with MaxxSports.tv related services. Any such third parties may collect information from you and any information collected by third parties is governed by the privacy practices of those third parties. MaxxSports.tv does not control and is not responsible for the collection of information by such third parties.
Children
- While MaxxSports.tv distributes products that are intended to be used by and for children, the MaxxSports.tv service audio service may include profane words spoken by athlets that are recorded during the course of a sporting event. Use of the MaxxSports.tv service without without involvement, supervision, and approval of a parent or legal guardian is not permitted.  Therefore, if an account owner sets parental controls or establishes sub-accounts that the account owner intends to permit a child to use, the account owner should not reveal the account password to the child. MaxxSports.tv and its sporting event contributors cannot control and restrict the maturity level of content available via MaxxSports.tv and an adult account owner has sole responsibility for determining what maturity level is appropriate for or accessible to any child whom the account owner permits to use the MaxxSports.tv service or a sub-account.
- We do not knowingly collect personal information from children under 13, except that we may collect persistent identifiers, such as Internet Protocol (IP) addresses of devices used to access MaxxSports.tv services. Any such persistent identifiers will be used solely to support the internal operations of MaxxSports.tv streaming & archiving services. If we learn that we have collected the personal information of a child under 13 we will take steps to delete the information as soon as possible.
Privacy Policy Changes
This Privacy Policy may be updated from time to time. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy on the MaxxSports.tv website. You are advised to consult this Privacy Policy regularly for any changes.
Controlling Your Information
You may control your information by:
- Changing your profile information by accessing the "Account Settings" page of the MaxxSports.tv website.
- Linking or unlinking your account from another account of an external social networking website.
- Deleting your account. You may delete your account by selecting the option to delete your account in the "Account Settings" page. We will delete your information within a reasonable amount of time after receiving the request except that we may retain archived copies of your information as required by law or for legitimate business purposes.
Questions
You may send questions and comments regarding this policy by email to us at legal@maxxsports.tv.
MaxxSports.tv Terms of Service
February 15th , 2016
Thank you for using MaxxSports.tv! By accessing, using, downloading, or visiting any MaxxSports.tv "Service(s)", which includes the MaxxSports.tv website, MaxxSports.tv software and products, and any other products or materials provided by MaxxSports.tv, you agree to the terms ("Terms") listed in this agreement ("Agreement"). MaxxSports.tv reserves the right to amend these Terms at any time and without notice. Any revisions to the Terms will be posted on the MaxxSports.tv website. By continuing to access or use the Services, you accept any changes or revisions to the Terms.
MaxxSports.tv Software
- MaxxSports.tv gives you a personal, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the software provided to you by MaxxSports.tv as part of the Services ("Software"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
- The Software includes certain executable modules, or open source software that MaxxSports.tv has licensed from third party providers ("Third Party Components") that may be subject to different end user license terms as specified in the license agreement(s) provided with such Third Party Components.
- You may not, or allow anyone else to, directly or indirectly: (1) copy, modify, distribute, sell, or lease any part of the Software; (2) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and/or organization of all or any part of the Software, unless laws prohibit those restrictions or you have our written permission; (3) rent, lease, or use the Software for timesharing or service bureau purposes; (4) develop any improvement, modification, or derivative works of the Software, or include any portion thereof in any other product, software, work, equipment, or item (except that you may customize and/or modify the Software only as set forth in the documentation or as authorized in any license agreement of MaxxSports.tv's third party licensors and applicable to Third Party Components); or (5) allow the transfer, transmission, export, or re-export of the Software or any portion thereof or any technical data associated with any Software.
- You shall not incorporate any of MaxxSports.tv's Software or any part thereof into any other product(s) or use the proprietary software in any manner that would cause the proprietary software to become subject to any "open source license" that would impose obligations on MaxxSports.tv's use of the proprietary software or impair any rights of MaxxSports.tv or third parties thereto.
- You shall maintain and shall not remove nor obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies of the Software.
You may reverse engineer the Software solely (1) as permitted by applicable law, or (2) for the purpose of debugging modifications made by you to certain third party files in source code format that are licensed under the GNU Lesser General Public License (LGPL) or under the GNU General Public License diversion 2 (GPL2) and only provided that you have made, prior to any such reverse engineering permitted under this sentence, unsuccessful prior reasonable good faith efforts to debug such modifications using techniques other than the reverse engineering of the Software.
- You may reverse engineer the Software solely (1) as permitted by applicable law, or (2) for the purpose of debugging modifications made by you to certain third party files in source code format that are licensed under the GNU Lesser General Public License (LGPL) or under the GNU General Public License diversion 2 (GPL2) and only provided that you have made, prior to any such reverse engineering permitted under this sentence, unsuccessful prior reasonable good faith efforts to debug such modifications using techniques other than the reverse engineering of the Software.
- As between the parties and except as otherwise provided in any license agreement for Third Party Components, MaxxSports.tv shall own all title, ownership rights, and intellectual property rights in and to the Software & Content, and any copies or derivative works thereof, except that by downloading the Software, you retain any title that you may own in and to the recording media on which the Software is recorded.
- You understand that MaxxSports.tv or its licensors may modify or discontinue offering the Services at any time.
- You shall not make, or assist others in making, any use of data adapters or similar technologies used by or with the Services that are designed to receive and use data from MaxxSports.tv .TV, its third party data providers, and their affiliates and third parties, other than to receive and use such data in accordance with these Terms and your agreement with the third party data providers, and their affiliates and third parties, including without limitation any data passing through the Services or otherwise effectively made available by any Service through an API, a download, a database, or the like.
- This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes (collectively, "Support") for the Services. Any such Support for the Services that may be made available by MaxxSports.tv .TV, in its sole discretion, shall become part of the Services and will be subject to these Terms.
Data
Data provided by MaxxSports.tv .TV or other third party data providers may be delayed or unavailable as specified by MaxxSports.tv .TV or such third party data providers. MaxxSports.tv .TV does not verify any data provided by MaxxSports.tv .TV or other third party data providers and disclaims any obligation to do so. MaxxSports.tv .TV, its third party data providers, and each of their affiliates and business partners: (1) expressly disclaim the availability, accuracy, adequacy, or completeness of any data or third party data provider, and (2) shall not be liable for any errors, omissions, or other defects in, unavailability of, delays or interruptions in such data or third party data provider.
Acceptable Use
- You may not, or allow anyone else to, use any of the Services to do the following:
- Infringe the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party;
- Violate any law, statute, ordinance, or regulation, or perform any other action that would incur civil liability or constitute a crime;
- Disseminate, transfer or store information or materials in any form or format that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that otherwise violate any law or right of any third party; or
- Disseminate any software viruses or any other computer code, files, programs, or the like that may without limitation interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, violate the security of any computer network, or the like.
- If the occurrence of any prohibited use comes to our attention, we reserve the right to disable any accounts associated with prohibited use or otherwise terminate your access to the Services.
MaxxSports.tv Video Content
- MaxxSports.tv gives you a personal, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the video content provided to you by MaxxSports.tv as part of the Services ("Video content"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
- The Video content includes certain executable modules, or open source video content that MaxxSports.tv has licensed from third party providers ("Third Party Components") that may be subject to different end user license terms as specified in the license agreement(s) provided with such Third Party Components.
- You may not, or allow anyone else to, directly or indirectly: (1) copy, modify, distribute, sell, or lease any part of the Video content; (2) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and/or organization of all or any part of the Video content, unless laws prohibit those restrictions or you have our written permission; (3) rent, lease, or use the Video content for timesharing or service bureau purposes; (4) develop any improvement, modification, or derivative works of the Video content, or include any portion thereof in any other product, video content, work, equipment, or item (except that you may customize and/or modify the Video content only as set forth in the documentation or as authorized in any license agreement of MaxxSports.tv's third party licensors and applicable to Third Party Components); or (5) allow the transfer, transmission, export, or re-export of the Video content or any portion thereof or any technical data associated with any Video content.
- You shall not incorporate any of MaxxSports.tv's Video content or any part thereof into any other product(s) or use the proprietary video content in any manner that would cause the proprietary video content to become subject to any "open source license" that would impose obligations on MaxxSports.tv's use of the proprietary video content or impair any rights of MaxxSports.tv or third parties thereto.
- You shall maintain and shall not remove nor obscure any proprietary notices on the Video content, and shall reproduce such notices exactly on all permitted copies of the Video content.
- You may reverse engineer the Video content solely (1) as permitted by applicable law, or (2) for the purpose of debugging modifications made by you to certain third party files in source code format that are licensed under the GNU Lesser General Public License (LGPL) or under the GNU General Public License diversion 2 (GPL2) and only provided that you have made, prior to any such reverse engineering permitted under this sentence, unsuccessful prior reasonable good faith efforts to debug such modifications using techniques other than the reverse engineering of the Video content.
- As between the parties and except as otherwise provided in any license agreement for Third Party Components, MaxxSports.tv shall own all title, ownership rights, and intellectual property rights in and to the Video content & Content, and any copies or derivative works thereof, except that by downloading the Video content, you retain any title that you may own in and to the recording media on which the Video content is recorded.
- You understand that MaxxSports.tv or its licensors may modify or discontinue offering the Services at any time.
- You shall not make, or assist others in making, any use of data adapters or similar technologies used by or with the Services that are designed to receive and use data from MaxxSports.tv, its third party data providers, and their affiliates and third parties, other than to receive and use such data in accordance with these Terms and your agreement with the third party data providers, and their affiliates and third parties, including without limitation any data passing through the Services or otherwise effectively made available by any Service through an API, a download, a database, or the like.
- This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes (collectively, "Support") for the Services. Any such Support for the Services that may be made available by MaxxSports.tv, in its sole discretion, shall become part of the Services and will be subject to these Terms.
Your Content
- You continue to retain any ownership rights you have in content you make available via the Services, or otherwise use in conjunction with the Services. However, by using the Services with particular content, for example by using the Services to share particular content or access particular content, you grant to MaxxSports.tv (and to each of the third parties with whom we work to provide you with the Services) a worldwide license to reproduce, modify, create derivative works, transmit, publish, publicly perform, publicly display, distribute, and otherwise use the particular content and metadata associated with the content, such as poster images. The rights you grant us in this license are only for the limited purpose of providing you with our Services. You may not use the Services in connection with any content for which you do not have the right to grant us this license.
- The Services may include features that allow you to share your content with others. Please be careful when choosing to share content with other users; MaxxSports.tv is not responsible for how others use your content. Additionally, you hereby grant to any user with whom you share content a non-exclusive license to access the content through the Service, and to use, reproduce in copies, distribute, display and perform the shared content as permitted through the functionality of the Service and under this Agreement. You may not share any content with others via the Services if you do not have the right to grant this license to any user with whom you share the content.
- You understand that all content imported, published, shared, transmitted, or otherwise made available via the Services is the sole responsibility of the person from whom such content originated, and that you, and not MaxxSports.tv, are solely responsible for any civil or criminal legal liability that may arise or result from any content that you import, publish, share, transmit, or otherwise make available through your use of the Services.
Content of Others
- You acknowledge that all content that you access through use of the Software or other Services is accessed at your own risk, and you will be solely responsible for any damage or liability to any party resulting from such access.
- You understand that by using the Services you may encounter content that you may find offensive, indecent, or objectionable. MaxxSports.tv does not inspect, screen, or otherwise control the content that is posted, shared or made available via the Services, and MaxxSports.tv does not guarantee the accuracy, integrity or quality of such content.
- You acknowledge that unauthorized use of copyrighted content of others may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Developers and Interfacing Software (including Our Video Content)
- "Interfacing Software" means any software that you obtain or provide and that accesses or calls any Software provided by MaxxSports.tv as part of the Services including, but not limited to, plug-ins for the Services, channel plug-ins, metadata agents, and client applications that communicate directly or indirectly with the Services.
- By making, or assisting others in making, Interfacing Software, you agree to the following terms:
- You grant MaxxSports.tv and its affiliates worldwide a worldwide, non-exclusive, and royalty-free right and license to use (including testing, hosting and linking to), copy, publicly perform, publicly display, reproduce in copies for distribution, and distribute the copies of any Interfacing Software made by you or with your assistance.
- You may notify us at legal@MaxxSports.tv if you do not wish for MaxxSports.tv to use, distribute, copy, publicly perform, publicly display, reproduce in copies for distribution, or distribute copies of any Interfacing Software that was created by you. MaxxSports.tv will comply with such a request but MaxxSports.tv must be granted a transition period of thirty (30) days after receipt of the request to comply. A request to take down Interfacing Software must include (1) an identification of the Interfacing Software you wish to be removed; (2) your signature in either electronic or physical form; and (3) the following statements:
- "I swear under penalty of perjury that I am the owner of the Interfacing Software or I am authorized to act on behalf of the owner of the Interfacing Software."
- "I swear under penalty of perjury that the information in this notification is accurate."
- You shall protect the privacy and legal rights of MaxxSports.tv users. If the users provide, or the Interfacing Software accesses or uses, user names, passwords, or other login information or personal information, you must make the users aware that such information will be available to the Interfacing Software, and you must provide privacy notices and protection for those users in compliance with applicable law. Further, the Interfacing Software may use that information only for the limited purposes for which the user has given you permission to do so. If the Interfacing Software stores personally identifying information of users or information that a reasonable user would consider to be sensitive, then the Interfacing Software must do so securely and only for as long as it is needed. However, if the user has opted or entered into a separate agreement with you that allows you or the Interfacing Software to store or use personally identifying information of users or information that a reasonable user would consider to be sensitive, then the terms of that separate agreement will govern your use of such information. If the user provides the Interfacing Software with MaxxSports.tv account information, the Interfacing Software may only use that information to access the user's MaxxSports.tv account when, and for the limited purposes for which, the user has given you permission to do so.
- Prohibited Uses. MaxxSports.tv prohibits performing certain actions using the Interfacing Software. You shall not make, or assist others in making, any Interfacing Software that:
- Knowingly violates a third party's terms of service;
- Violates any applicable laws or regulations;
- Interferes with, disrupts, damages, harms, or accesses in an unauthorized manner the machines, hardware. devices, servers, networks, data, or other properties or services of any other party including, but not limited to, MaxxSports.tv users, MaxxSports.tv or any network operator;
- Posts misleading information about an application's purpose;
- Infringes on the intellectual property rights of others; or
- Performs any other prohibited action listed under "Acceptable Use" above.
- You will require your end users to comply with any applicable law and these Terms. You will not knowingly enable your end users to violate applicable law or these Terms.
- You shall indemnify and hold harmless MaxxSports.tv and its officers, directors, employees, contractors, licensors, suppliers, distributors, contractors, agents, and third party contributors from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from any use of the Interfacing Software or from MaxxSports.tv's distribution of the Interfacing Software.
- Brand Features and Attribution
- "Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of a party. Except where expressly stated, these terms do not grant any MaxxSports.tv user the right, title, or interest in or to the other party's Brand Features. Any use by you of MaxxSports.tv .TV's Brand Features (including any goodwill associated therewith) will inure to the benefit of MaxxSports.tv .TV. MaxxSports.tv .TV Brand Features include the MaxxSports.tv .TV Camera Icon Logo (">" in stylized format) and the trademarks, trade names and designs as may be identified from time to time in the MaxxSports.tv .TV Trademark Notice that is posted at MaxxSports.tv .TV..tv/legal.
- You must seek prior written approval from MaxxSports.tv to display MaxxSports.tv Brand Features, including for the purpose of promoting or advertising that your Interfacing Software is for use in conjunction with MaxxSports.tv Services. MaxxSports.tv in its sole discretion and in a separate writing such as an e-mail from an authorized representative of MaxxSports.tv may grant you a revocable, non-transferable, nonexclusive license, without right of sub-license, to display MaxxSports.tv Brand Features for the purpose of promoting or advertising that your Interfacing Software is for use in conjunction with MaxxSports.tv Services. You understand and agree that MaxxSports.tv has the sole discretion to determine whether your attribution(s) and use of MaxxSports.tv Brand Features are in accordance with the above requirements and guidelines and that MaxxSports.tv may revoke the license granted herein at any time, or may require you to modify your use of MaxxSports.tv Brand Features, for any reason in its sole discretion.
- You will not make any statement that suggests a partnership with, sponsorship by, or endorsement by MaxxSports.tv .TV, without MaxxSports.tv express prior written approval.
- In the course of promoting, marketing, or demonstrating the Services, MaxxSports.tv may produce and distribute incidental depictions, including screenshots, video, or other content from your Interfacing Software, and may use your company or product name. You grant us all necessary rights for the above purposes.
Children
While MaxxSports.tv .TV distributes Video Content that may be used by children, the Services are not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian. Therefore, if an account owner sets parental controls or establishes sub-accounts that the account owner intends to permit a child to use, the account owner should not reveal the account password to the child. MaxxSports.tv and its contributors may not provide controls that restrict the maturity level of content available via MaxxSports.tv and an adult account owner has sole responsibility for determining what maturity level is appropriate for or accessible to any children whom the account owner permits to use the MaxxSports.tv service or a sub-account.
NO WARRANTY
- MAXXSPORTS.TV SERVICES ARE PROVIDED "AS IS". MAXXSPORTS.TV MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND MAXXSPORTS.TV EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE MAXXSPORTS.TV .TV SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, MAXXSPORTS.TV DOES NOT WARRANT AGAINST ERRORS, OMISSIONS, RESULTS OF USE, OR THAT MAXXSPORTS.TV .TV SERVICES ARE BUG FREE OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO MAXXSPORTS.TV'S LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- You agree that MaxxSports.tv and its officers, directors, employees, and contractors are not responsible for any fault, inaccuracy, error, omission, delay or any other failure of your equipment and/or services caused by MaxxSports.tv's hardware, software, cabling, network services, or the like, or arising from MaxxSports.tv's use of such equipment and/or services.
- The above disclaimer of warranty applies to software & content either developed or delivered by MaxxSports.tv and any software or content developed by a third party and provided by MaxxSports.tv including, but not limited to, Interfacing Software, professional or amateur Video Content developed by any MaxxSports.tv user.
Limitation of Liability and Damages
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL MAXXSPORTS.TV BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. MAXXSPORTS.TV'S AGGREGATE LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO MAXXSPORTS.TV (IF ANY) FOR THE PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100 (U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE MAXXSPORTS.TV'S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO MAXXSPORTS.TV'S SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
- The above limitations and exclusions apply to software developed by MaxxSports.tv and any software developed by a third party and provided by MaxxSports.tv including, but not limited to, Interfacing Software & Video Content developed by a MaxxSports.tv user or sports facility.
Third-Party Materials
This website and other Services may provide links to websites, software, or other materials provided by third parties. MaxxSports.tv does not endorse and is not responsible or liable for the availability, accuracy, safety, or intellectual property rights of or relating to such content. MaxxSports.tv is not liable for any harm caused by any such materials.
Malware
"Malware" means any known, discovered, envisioned, or invented, or any yet to be known, discovered, envisioned, or invented: (i) virus, Trojan horse, or any other harmful, harassing, or malicious software; or (ii) method, use, or means by which any software, firmware, equipment, device, communications medium, person, entity, or the like directly or indirectly engages in or is used for: (a) any unauthorized access; (b) any unauthorized communication; or (c) any cracks, hacks, exploits, or other activity, method, use, or means, that may cause harassment, harm, data loss, data theft, loss of communication, loss of privacy, or the like. You acknowledge that the Internet, Internet service providers, shared or dedicated telecommunication lines, wireless access points and wireless networks, other forms of communication, online resources including websites and cloud computing environments, or other means that you use to connect to the Software may not be secure and may be vulnerable to attack by third parties, and that it is possible to receive Malware by using the Internet, dedicated lines, other forms of communication, or other means. In order to protect the Software, you shall regularly obtain, use, and update appropriate third party software or other means to protect yourself from Malware and to detect and remove Malware that may be downloaded using the Internet, dedicated lines, other forms of communication, or other means. MaxxSports.tv .TV does not warrant that the Software will be free of Malware including, but not limited to, Malware that is introduced by third parties, the Internet, dedicated lines, other forms of communication, or other means.
Waiver and Indemnity
You agree that MaxxSports.tv and its licensors, distributors, contractors, agents, and third party contributors shall have no liability whatsoever for any use you make of the Services. You shall indemnify and hold harmless MaxxSports.tv and its licensors, suppliers, distributors, contractors, agents, and third party contributors from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the MaxxSports.tv Services as well as from your failure to comply with any of the Terms, or any losses, damages, claims, costs, and/or attorneys' fees arising from any use of or reliance upon any information received in connection with the Services that comprises or is based upon data provided by MaxxSports.tv or any third party.
Termination of Services
MaxxSports.tv may at any time, with or without cause and with or without prior notice, immediately terminate or suspend your MaxxSports.tv account or otherwise terminate or suspend your access to all or a portion of the Services. Cause for such termination may include: (a) violations of the Terms or any other policies or guidelines that are referenced herein; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where providing the Services to you is or may become unlawful; or (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by MaxxSports.tv in its sole discretion and MaxxSports.tv will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your access to the Services.
Miscellaneous
- This Agreement does not give you any rights not expressly and unambiguously granted herein.
- No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind MaxxSports.tv in any respect whatsoever.
- If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
- This Agreement is not assignable, transferable, or sublicensable by you except with MaxxSports.tv's prior written consent. MaxxSports.tv may transfer, assign, or delegate this Agreement and its rights and obligations without consent.
- MaxxSports.tv's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision.
- This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the District Court of Harris County and the United States District Court for the Southern District of Texas. Notwithstanding the foregoing sentence, but without limiting MaxxSports.tv's right to seek injunctive or other equitable relief in any court of competent jurisdiction, any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with the Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Harris County, Texas using the English language and pursuant to the rules of (and administered by) JAMS. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and reasonable attorneys' fees from the other party. A separate written license agreement or order and signed by MaxxSports.tv and you or your company, employer, or principal may state other terms and conditions that apply to you, including terms relating to price, payment, delivery, confidential information, support services, and the like. You are solely responsible to review such terms or conditions with your company, employer or principal. In the event of any conflict in terms, the terms of the separate license agreement shall supersede the terms of this Agreement.
- Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.
MaxxSports.tv Copyright Policy
If you believe that your Intellectual Property rights are being violated by the use of any MaxxSports.tv .TV Service, contact us at legal@maxxsports.tv. The notice must include:
- an identification of the allegedly infringing content;
- an explanation of how you believe your rights are being infringed;
- your contact information, including your full name, a company name if applicable, mailing address, and email address;
- your signature in either electronic or physical form; and
- the following statements:
- "I swear under penalty of perjury that I am the absolute and only owner of the identified copyrighted content or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- "I swear under penalty of perjury that the information in this notification is accurate."
- "I have a good faith belief that the use of the identified copyrighted content is not authorized by the copyright owner, its agent, or the law."
Upon receipt of the notice, MaxxSports.tv will take whatever action, in its sole discretion, it deems appropriate, such as removing the content from the MaxxSports.tv system, or contacting the Licensor for further direction in this regard.
Billings & Subscription
- We do not store any of your billing details on our servers. The data is encrypted and securely stored by Authorize.net. A copy of the Authorize.net security policy is available
- Subscriptions are billed in advance on a monthly or yearly basis, depending on the plan you choose.
- Subscriptions are renewed automatically.
- The charges are non-refundable, after the free trial period has ended.
- If you cancel your subscription, you will not be charged again, and your subscription will last until the end of the billing period.
- While we are always hard at work adding rich new features and functionality to your MaxxSports.tv subscription, in the future we may have to charge separately for some new content and/or features (e.g. for content or functionality that we license from third parties), or for certain premium content or functions that are added to the MaxxSports.tv system/platform.