Terms of Service

The SMASHSCORE websites were created to help organizers and players manage tournaments, leagues and ladders. The following terms and conditions ("Terms of Service") govern your access to, and use of, the SMASHSCORE.COM websites ("Smashscore") operated by GOOB Development Inc. ("GOOB").

Acceptance of Terms

  1. By using and/or visiting Smashscore (collectively, including all content available through the APP.SMASHSCORE.COM and SMASHSCORE.COM domain names and any country-specific domains or subdomains thereof, the "APP.SMASHSCORE.COM Website", or “SMASHSCORE.COM Website”, or "Website", or mobile applications accessing APP.SMASHSCORE.COM), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) The Smashscore privacy notice, found at HTTP://WWW.SMASHSCORE.COM/PRIVACY and incorporated here by reference. If you do not agree to any of these terms, the Smashscore privacy notice please does not use the service.
  2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at SMASHSCORE.COM. GOOB may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Websites

  1. These Terms of Service apply to all users of Smashscore, including users who are also contributors of text content, information, and other materials or services.
  2. Smashscore may contain links to third party websites that are not owned or controlled by GOOB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GOOB will not and cannot censor or edit the content of any third-party site. By using Smashscore, you expressly relieve GOOB from any and all liability arising from your use of any third-party website.

Accounts

  1. In order to access some features on Smashscore, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GOOB immediately of any breach of security or unauthorized use of your account.
  2. Although GOOB will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GOOB or others due to such unauthorized use. /li>
  3. You will not create an account if you are under 13 years of age.
  4. You will not use Smashscore if you are a convicted sex offender.
  5. You are encouraged to create no more than one Smashscore account. Using multiple accounts for any malicious activity will result in immediate account termination.

  6. The administration of the site reserves the right to terminate any account without notice.

General Use of Smashscore

  1. GOOB hereby grants you permission to access and use Smashscore as set forth in these Terms of Service, provided that:
  2. You agree not to distribute in any medium any part of Smashscore, without GOOB’s prior written authorization.
  3. You agree not to alter or modify any part of Smashscore.
  4. Uou agree not to access Smashscore Content through any technology or means other than the site itself.
  5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses Smashscore in a manner that sends more request messages to the GOOB servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from Smashscore, nor to use the communication systems provided by Smashscore (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of Smashscore.
  6. In your use of Smashscore, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
  7. GOOB reserves the right to discontinue any aspect of the Smashscore Websites at any time.

Use of Content on Smashscore

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on Smashscore.

  1. The content on Smashscore including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to GOOB, subject to copyright and other intellectual property rights under the law. Content on Smashscore are provided to you AS IS for your information and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GOOB reserves all rights not expressly granted in and to Smashscore and the Content.
  2. You may access Smashscore Content only as permitted under this Agreement. GOOB reserves all rights not expressly granted in and to the Smashscore Content and the Smashscore Service.
  3. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, or copying obtained through the Website for any commercial purposes.
  4. You agree not to circumvent, disable or otherwise interfere with security-related features of Smashscore or features that prevent or restrict use or copying of any Content or enforce limitations on use of Smashscore or the Content therein.
  5. You understand and acknowledge that you may be exposed to Content that is 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 GOOB with respect thereto, and agree to indemnify and hold GOOB, SMASHSCORE.COM, APP.SMASHSCORE.COM, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Responsibility of the Contributors

If you manage, play, or contribute in a tournament, league, ladder, or forum on Smashscore, post links on Smashscore, or otherwise make (or allow any third party to make) material available by means of Smashscore (any such material, "User Material"), You are entirely responsible for the content of, and any harm resulting from, that User Material. That is the case regardless of whether the User Material in question constitutes, without limitation, text, graphics, scripts, photos, sounds, videos, an audio file, or computer software. By making the User Material available, you represent and warrant that:

  1. The downloading, copying and use of the User Material will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  2. If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Material;
  3. You have fully complied with any third-party licenses relating to the User Material, and have done all things necessary to successfully pass through to end users any required terms;
  4. The User Material does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  5. The User Material is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  6. The User Material is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  7. Your tournament, league, or ladder is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  8. Your tournament, league, or ladder is not named in a manner that misleads your readers into thinking that you are another person or company.
  9. You have, in the case of User Material that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by GOOB or otherwise.

By submitting User Material to Smashscore you grant GOOB a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the User Material. If you delete User Material, GOOB will use reasonable efforts to remove it from Smashscore, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, GOOB has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any User Material that, in its reasonable opinion, violates any GOOB policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Smashscore to any individual or entity for any reason, in its sole discretion. GOOB will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Smashscore Visitors

GOOB has not reviewed, and cannot review, all of the material, including computer software, posted to Smashscore, and cannot therefore be responsible for that material's content, use or effects. By operating Smashscore, GOOB does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Smashscore may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Smashscore may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. GOOB disclaims any responsibility for any harm resulting from the use by visitors of Smashscore, or from any downloading by those visitors of content there posted.

Fees and Payment

Optional premium paid services may be available. By selecting a premium service you agree to pay GOOB the fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service until its benefits are depleted. Premium service fees are not refundable.

Account Termination Policy

  1. GOOB will terminate a User's access to Smashscore if, under appropriate circumstances, the User is determined to be an infringer.
  2. GOOB reserves the right to decide whether User Material is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. GOOB may remove such User Material and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Intellectual Property

This Agreement does not transfer from GOOB to you any of its or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with GOOB.

Copyright Policy

As GOOB asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Smashscore violates your copyright, you are encouraged to notify GOOB. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of GOOB or others, it may, in its discretion, terminate or deny access to and use of Smashscore. In the case of such termination, GOOB will have no obligation to provide a refund of any amounts previously paid to it.

Warranty and Condition Disclaimers

YOU AGREE THAT YOUR USE OF SMASHSCORE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GOOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF DEVICES THAT EXECUTE MOBILE APPLICATIONS ACCESSING SMASHSCORE) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. GOOB MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF SMASHSCORE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SMASHSCORE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SMASHSCORE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SMASHSCORE. GOOB EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. GOOB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH SMASHSCORE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GOOB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.

Limitation of Liability

IN NO EVENT SHALL GOOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SMASHSCORE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SMASHSCORE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH SMASHSCORE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SMASHSCORE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GOOB SHALL NOT BE LIABLE FOR USER MATERIAL OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. GOOB makes no representations that SMASHSCORE is appropriate or available for use in their locations. Those who access or use SMASHSCORE do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Smashscore.com, app.Smashscore.com, GOOB, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Smashscore Websites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your User Material caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Smashscore Websites.

Ability to Accept Terms of Service

You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 13, as the Smashscore Websites are not intended for children under 13.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GOOB without restriction.

General

GOOB reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of Smashscore following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND GOOB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SMASHSCORE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.