RODEOREADY™ MOBILE APP
The following terms and conditions govern your access to and use of the RodeoReady mobile application made available by RodeoReady Ltd. (“RodeoReady”, “us”, “we”) through the Apple App Store, Google Play Store, or other platform provider (the “App”). The App accesses and interfaces with the RodeoReady management service for rodeos, barrel racing, roping and other competitions (the “RodeoReady Service”) and will enable you to, among other things, register for a competition hosted by a competition association or other entity (an “Organization”) or to follow a live competition and its results.
The contents of the App include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term App includes all of the Contents.
1. Provision of the App
You may only use the App on devices that are permitted by the applicable App Platform Provider Terms of Service.
You acknowledge that the form and nature of the App may change from time to time without prior notice to you.
You acknowledge that RodeoReady may stop (permanently or temporarily) providing the App (or any features within the App) to you or to users generally, at RodeoReady’s sole discretion, without prior notice to you. You may stop using the App at any time. You do not need to inform RodeoReady when you stop using the App or any of its features.
2. Use of the App by You
Your use of the App is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the App, or knowingly condone use of the App by others, in any manner that is, attempts to, or is likely to:
* affect us adversely or reflect negatively on us, the App, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the App, or from advertising, linking, or becoming a supplier to us in connection with the App;
* send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
* transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
* copy, modify, disrupt, impair, alter, circumvent or attempt to circumvent, or interfere with the use, features, functions, operation, or maintenance of the App or the rights or use and enjoyment of the App by any other user;
* advocate or encourage any illegal activity;
* decompile, reverse engineer or disassemble the App, or any part of it;
* share through any network, transfer, transmit, rent or sell the App or any part of it to any other person;
* infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of RodeoReady or any third party;
* violate the privacy of any individual, including users of the App; or
* violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).
3. Telecommunications Services
You acknowledge that the use of the App requires a cellular telecommunication service. You are responsible for any applicable data plan fees or other subscription charges or fees of any kind whatsoever that your telecommunications services provider may charge you to access the App, including fees for network access and roaming.
4. Maintenance and Support
RodeoReady provides minimal support and maintenance for the App on a commercially reasonable efforts basis only. You acknowledge that the App Platform Provider is not obligated to provide any support or maintenance for the App.
5. Links to Third-Party Apps
Use of certain links on the App may direct you away from the App to third party websites. Such third party websites are not under the control of RodeoReady, and RodeoReady is not responsible for the contents of any such websites or any link contained in such websites. The third party links included on the App are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by RodeoReady of any such websites or the products or services offered therein.
6. Privacy and Personal Information In order to access and use the App, you will need to create an account and as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You acknowledge that any registration information you give to RodeoReady will always be accurate, correct and up to date.
Questions or requests with respect to your personal information may be sent via email to email@example.com.
7. Ownership of Intellectual Property Rights
The App together with all trademarks and other RodeoReady intellectual property displayed, distributed, or otherwise made available via the App, is the exclusive property of RodeoReady and its successors, assigns, licensors, and/or suppliers.
RodeoReady™ and other related trademarks design marks and logos displayed in the App are the registered and common law trademarks of RodeoReady. Other trademarks appearing in the App are the trademarks of their respective owners. Nothing contained in this Agreement is to be construed as granting, by implication or otherwise, any license or right to use any trademarks appearing in the App, except with the express written approval of RodeoReady or such other party that may own the applicable trade-mark.
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents on the App without the express prior written consent of RodeoReady or its owner if RodeoReady is not the owner.
8. Intellectual Property Infringement
We take intellectual property rights, both our own and others, very seriously.
If you are an owner of intellectual property (or the owner's authorized agent) and believe that any content on the App infringes your intellectual property, please notify us using the following procedure:
Please send a written notice of intellectual property infringement to firstname.lastname@example.org.
In your written notice, please provide the following information:
identification of the intellectual property claimed to have been infringed; identification of the content(s) that you claim are infringing your intellectual property; information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; a statement that you believe that use of the content in the manner complained of is not authorized by the owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Third-Party Information
Any third-party content, data or publications made available through the App are furnished by RodeoReady on an as-is basis for your convenience and information. Any opinions, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the App, are those of the respective author(s) or publisher(s) and not of RodeoReady. RODEOREADY DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
10. Payment and Pay-Outs
The App is free to download and use. If you choose to register and participate in a competition, we use a third party payment processor, such as Stripe or PayPal, as the main method for processing registration payments on your behalf. All payments will be made in the local currency of the Organization and a valid payment method (such as a debit or credit card) must be used to complete payment.
RodeoReady does not provide any refunds and you are responsible for paying all taxes associated with your registration(s).
11. No Warranty
YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE APP AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, RODEOREADY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
11.1 YOUR USE OF THE APP WILL MEET YOUR REQUIREMENTS;
11.2 YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
11.3 ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE APP WILL BE ACCURATE OR RELIABLE; AND
11.4 THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE APP WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
RODEOREADY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. Limitation of Liability
SUBJECT TO SECTION 8 ABOVE, YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT RODEOREADY AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
12.1 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSS; AND
12.2 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(a) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE APP;
(b) ANY CHANGES WHICH RODEOREADY MAY MAKE TO THE APP, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE APP (OR ANY FEATURES WITHIN THE APP);
(c) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE APP;
(d) YOUR FAILURE TO PROVIDE RODEOREADY WITH ACCURATE ACCOUNT INFORMATION;
(e) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR
(f) ANY FAILURE OF A THIRD PARTY PAYMENT PROCESSOR TO PROCESS REGISTRATION PAYMENTS.
THE LIMITATIONS ON RODEOREADY’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT RODEOREADY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
We may terminate your use of the App and/or access to the features, functionality, and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your account with RodeoReady you may do so by deleting your account, where RodeoReady has made this option available to you.
RodeoReady may at any time, terminate your use of the App if:
13.2 RodeoReady is required to do so by law (for example, where the provision of the App to you is, or becomes, unlawful);
13.3 the partner with whom RodeoReady offered the services to you has terminated its relationship with RodeoReady or ceased to offer the services to you;
13.4 RodeoReady is transitioning to no longer providing the App to users in the country in which you are resident or from which you use the App; or
13.5 the provision of the App to you by RodeoReady is, in RodeoReady's opinion, no longer commercially viable.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you shall fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.