Date of last revision: September 6, 2023
You are reading these Terms because you are using a ocV!BE Sports & Entertainment, LLC, an ocV!BE company, (“Company” or “us”) website or mobile application, both of which are part of Company’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which is referred to here as a “Device”. Your carrier's normal rates and fees apply to your Device.
These Terms create a legally binding agreement between you and Company regarding your use of the Platform. BY ACCESSING OR USING THE PLATFORM YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS. A few important points:
Eligibility. You are only eligible to use the Platform if you are at least 13 years old. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Platform with permission from your parent or legal guardian.
Account Registration. If you register for an account with us, you must comply with the following rules:
Your account and account profile page will be created based upon the information you provide to us. When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. Company encourages you to use “strong” passwords for your account. You agree not to disclose your username or password to any third party. Company is not liable for any loss or damage arising from your failure to comply with the above requirements.
Platform. The Platform and all features, functionality, and tools thereof, is protected by copyright, trademark, patent and other laws. You acknowledge and agree that the Platform, and all intellectual property rights on the Platform are the exclusive property of Company and/or its licensors. You agree not to change or delete any ownership notices or other notices from materials downloaded or printed from the Platform.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Company (the “Company Marks”) are the property of Company, and that you are not permitted to use the Company Marks without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, or tools of the Platform in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Company or the intellectual property owner, as applicable.
Content. Except for User Content (defined below), all of the content on the Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") – is owned or licensed by Company and is protected by copyright, trademark and other laws. Company reserves all rights not expressly described in these Terms.
User Content. Some parts of the Platform may permit you to post reviews, feedback, ideas, photos, videos, comments and other content (“User Content”). Company also uses a variety of third-party social media websites and media channels such as Facebook, Twitter and Instagram to communicate and interact with customers (“Social Media Channels”). Any content or materials submitted or posted to these Social Media Channels will also be considered User Content. All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the individual who originated such content and Company is not responsible for User Content others post to the Platform or Social Media Channels.
User Content is owned by you or whoever created it, but when you post User Content you license it to Company as described below:
License to Your Content. By posting, displaying, uploading or providing User Content to the Platform and Social Media Channels, you grant Company a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, and create derivative works in any format or medium, without notice, compensation or acknowledgement to you.
You are responsible for your use of the Platform, and you may not use or access, or attempt to use or access, the Platform to take any action that could harm Company or any other person or entity, interfere with the Platform, or use the Platform in a manner that violates the laws.
You agree that you will not:
If you wish to purchase any product or service made available through the Platform, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. YOU ARE RESPONSIBLE FOR PROVIDING COMPANY WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the transactions initiated by you or on your behalf.
You agree to pay all charges that may be incurred by you or on your behalf through the Platform, at the prices in effect when such charges are incurred including, without limitation, all shipping and handling charges, and you authorize Company to charge all sums for the orders that you make to the payment method specified at the time. In addition, you remain responsible for any taxes that may be applicable to your transactions. You authorize Company to charge all applicable amounts for the orders that you make to the payment method specified at the time of purchase.
Company may terminate, suspend or modify any Platform, program, product or service at any time without notice. Company will have no liability to you or any third party for any such termination, suspension or modification. Additionally, Company may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to Company, subject to applicable law.
Indemnification. To the maximum extent not prohibited by applicable law, you agree to release, indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, agents, licensors and suppliers (individually and collectively, the “Company Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Company Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
Dispute Notice. In the event of any dispute, claim, or controversy arising out of or relating to the Platform, these Terms, or your use of the Platform, and before proceeding to commencing legal action in court, you and Company agree to first send to the other party a notice of Dispute that shall include a written statement setting forth the name, address, and contact information of the party providing the notice, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”).
Any Dispute Notice to Company shall be sent by certified mail to Company’s Legal Department at 2695 E. Katella Ave., Anaheim, CA 92806. Any Dispute Notice sent to you will be sent by certified mail to the most recent address Company has on file or via email if we do not have any such address and after two (2) unsuccessful attempts, by overnight or U.S. Mail. The Dispute Notice may only be sent relating to you or Company’s claims, and cannot be combined with others.
Informal Dispute Resolution Conference. Within 60 calendar days upon either party receiving the Dispute Notice, the parties shall engage in a good faith informal dispute resolution conference, whether by phone, e-mail, or other channel as agreed between the parties. You and Company will work in good faith to schedule the information dispute resolution conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the information dispute resolution conference, but you shall also fully participate in said discussions. The statute of limitations shall be tolled from the date the Dispute Notice is first sent by certified mail to the completion of the informal dispute resolution process required by this section. You and the Company agree that failure to provide the Dispute Notice or to proceed through the informal dispute resolution conference prior to filing an action shall constitute grounds for dismissal of the action by a court.
In the event you and the Company have entered into other agreements with terms governing dispute resolution of claims not arising out of or relating to the Platform, these Terms, or your use of the Platform, you agree that those terms shall govern.
Choice of Law/Jurisdiction
Right to Assign, No Waivers, Severability
Third Party Terms. You agree that, in addition to these Terms, your use of the Platform is subject to the usage rules set forth in Apple App Store’s terms of service and Google Play’s terms of service, if you download Apple App Store or Google Play, respectively, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you use the Platform.
All notices, demands and other communications shall be in writing and effective upon receipt, provided that Company may provide notice to you by posting announcements on the Platform (or otherwise making them available through the Platform) or sending an e-mail to you at the e-mail address associated with your account. Any such e-mail notice to you will be deemed given on the day it is sent. All notices to Company of a legal nature shall be in writing and sent by certified first-class U.S. mail, return receipt requested, to:
Attention: Legal Department
ocV!BE Sports & Entertainment, LLC|
2695 E. Katella Avenue
Anaheim, CA 92806
If you have any questions about this Agreement, or if you need to notify Company about a non-legal matter, please contact Company at email@example.com or at the postal address set forth above.
California residents are also entitled to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210.
If you are using a screen reader and are having problems using this website, please call 714-940-2900 for assistance.
Copyright @ 2023. ocV!BE Sports & Entertainment, LLC, an ocV!BE company. All rights reserved.