Effective date: September 10, 2014
TERMS OF SERVICE/ CUSTOMER AGREEMENT
This Agreement contains important information about this service and your legal rights. You are bound by this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
PLEASE NOTE: Eligibility. Membership is void where prohibited. Fans may not register with the Services unless: (a) all registration information you submit is accurate, current and complete; (b) you agree to maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services and your Participation with Cheer Live does not violate any applicable law or regulation. Participation in Cheer Live shall include, but not be limited to, postings to or other forms of participation with Cheer Live profiles, forums, blogs, groups, comments, chats, or the submission of photos, videos or other content (“Cheer Live Participation"). Any content generated by a User involving the use of any functionality of a Cheer Live Website is referred to as "User-Generated Content."
Any User-Generated Content may be deleted and your registration may be cancelled without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. You may not engage in any form of Cheer Live Participation on behalf of another person and if we believe you have, Cheer Live reserves the right to remove it.
Copyright, Ownership and Restrictions on Use of Materials
All materials contained on the Services are the copyrighted property of Cheer Live and its affiliates and/or our third party licensors. All trademarks, service marks and trade names, are proprietary to Cheer Live or its affiliates and are protected by state, federal and international trademark laws.
The textual, photographic, video, audio and combined audiovisual programs and products resulting from Cheer Live's events, including the material contained in the Services, are protected under United States and international copyright laws as copyrighted works. No materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express written permission of Cheer Live.
Anyone who displays, reproduces, copies, creates derivative works or sells our textual, photographic, video or audiovisual programs for commercial or non-commercial purposes without permission from Cheer Live violates the copyright laws and is liable for copyright infringement.
We do not transfer title to the Software to you, and Cheer Live (or our third party licensors) retains full and complete title to the Software and all intellectual property rights in the Software. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce any of the Software to readable form.
If you have any questions regarding this notice, please email Info@CheerLive.net.
Automatic Renewal Policy
If your subscription is set to automatically renew, then we will automatically charge your account every 30 days. We will continue to automatically renew your subscription unless you cancel your subscription prior to the end of the month period. UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE SUBSCRIPTION PERIOD THAT YOU WISH TO CANCEL THE AUTOMATIC RENEWAL SERVICE, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE SUBSCRIPTION PAYMENT.
By registering for a paid subscription to Cheer Live, you authorize us to make charges to the credit card, debit card or PayPal account you provide during registration in accordance with the fees in place at the time of your subscription, including all applicable taxes.You also authorize us to charge that card or PayPal account on a periodic basis, pursuant to our automatic renewal policy. If the account number, expiration date or other information of any credit card, debit card or PayPal account associated with your Cheer Live subscription changes, we recommend that you update it as soon as possible. Please also be aware, we may acquire this current information from our financial services partner and update the Billing Information section of your Cheer Live account to include such revised payment information.
Cheer Live payments will be made every month, based on the date of your subscription. To cancel your subscription, call 1(877) 922-4337 or change your renewal preferences in the Billing Information section of your Cheer Live account. Cancellations will only be effective at the end of each month subscription period. This means that you will have continued access to Cheer Live for the remainder of the month subscription period and will not receive a refund. Payments for gift subscriptions to Cheer Live will be made once in full at the time of purchase. All subscriptions, including gift subscriptions, are non-refundable.
Registration Information; User Name and Password
In order to use the site, you will be required to create an account with the Company. You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify immediately the Company of any unauthorized activity regarding any of your accounts or other breach of security. The Company may in its discretion suspend or terminate any of your user names and passwords at any time with or without notice.
You must use the Service for lawful purposes only and agree that:
* You will use the Service only for personal, noncommercial use and, and any other use or attempted use for commercial or other purposes is strictly prohibited.
* You are solely responsible for all use of the Service. This includes any use of and access to the Service by minors, or others with access to devices that may access the Service, whose use and/or access you authorize, even if such use and/or access by a minor, other household member or anyone with access to your Service is a result of your failure to set appropriate parental or other controls from which you monitor the content and/or use and access to the Service.
* You will keep your information current and complete. This includes ensuring that we have your current email contact information. Please review your account profile periodically to ensure that your email address is current.
* You will not sell, transfer or assign your subscription or any subscription rights;
* You will not modify, make derivative works of, disassemble, decompile, or reverse engineer the Service or any component thereof.
* You will not modify, use, download, publish, upload, post, transmit, transfer, sell, reproduce, create new works from, license, distribute, perform, display, broadcast, exploit or otherwise copy any portion of the Service, or any products or other services (including software) related to the Service, or permit access to the same by any unauthorized person or entity.
* You will not resell or rent the Service or the download (either for a fee or without charge).
Management of Your Data – compatible devices
In order to use the Service, you must have Internet access and a compatible device in order to best view the Content. We recommend that you receive broadband speeds that are equal to or greater than 1 Mbps. For compatible mobile devices (i.e. mobile phones and tablets), a range of 500 Kbps to 1 Mbps is recommended. You may be affected or limited by bandwidth usage limitations or usage charges or other terms imposed by your internet or mobile service provider when you stream or download Content.
Accessing and watching Content
We may add or remove Content at any time without notice. The number of permitted devices and simultaneous streams may change without notice to you. You agree that we are not responsible or liable for any insufficient storage capacity or the deletion of or failure to store or download Content. If you modify or change certain operating system settings on your compatible device, such as by "jailbreaking" or "rooting," the Service may be unavailable on the device.
You may watch Content on only one authorized compatible device. Your rental Content must be viewed simultaneously with the event.
Streaming or downloading of Content and its availability
The Service utilizes, in whole or in part, the public Internet and third-party networks to transmit data and other communications. The Content we provide by streaming or downloading to you from the Service may be interrupted or may otherwise not display properly due to variables not under our control including, but not limited to, the speed and availability of your broadband or network connection. You may experience delays or technical difficulties caused by or related to such variables, as well as the technical limitations of the electronic devices on which you view the Content. We want you to have the highest quality viewing experience, however, we cannot guarantee the resolution or quality of the Content you receive when streaming, even if you paid for access to high definition content.
NEITHER CHEER LIVE NOR ITS SUPPLIERS WILL HAVE ANY LIABILITY FOR ANY FAILURE TO BACK UP OR RESTORE CONTENT, OR FOR INTERRUPTION, DELAY OR SUSPENSION OF ACCESS TO OR UNAVAILABILITY OF CONTENT, OR ANY LOSS OF SUCH INFORMATION, DATA OR TRANSMISSIONS.
We may change prices or other terms
We may change the purchase or rental price of individual items of Content at any time.
Refunds are not available once an item has been delivered to your computer. Your credit card will be charged once you order. However, we realize that exceptional circumstances can take place. Therefore, without any obligation to Company, we will, consider and review your request for a refund on a case-by-case basis. Please contact technical support in the first instance at Info@CheerLive.net, and allow 12-24 hours for our technical services team to get back to you on a problem. If, at our discretion, we find a refund is due, it will be repaid by the method of payment it was received.
Disclaimers of Warranty
COMPANY AND ITS LICENSORS PROVIDE THE SITES AND RESOURCES "AS IS", "AS AVAILABLE "AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES IS WITH YOU. SHOULD THE SITES OR ANY RESOURCE BE DEFECTIVE, YOU, AND NOT COMPANY OR ITS LICENSORS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITES AND RESOURCES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY AND ITS LICENSORS MAKE NO WARRANTY THAT THE SITES OR RESOURCES WILL MEET YOUR REQUIREMENTS OR THAT THE SITES OR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY COMPANY, ITS AFFILIATES, LICENSORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. COMPANY AND ITS LICENSORS MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR RESOURCES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES OR RESOURCES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES OR RESOURCES OR FROM COMPANY OR ITS SUPPLIERS OR LICENSORS (OR THE RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE COMPANY PARTIES") SHALL CREATE ANY WARRANTY. COMPANY DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of liability
IN NO EVENT WILL ANY OF THE COMPANY PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF YOUR PURCHASE PRICE (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF USE OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES OR RESOURCES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Company from and against all losses, expenses, damages and costs, including reasonable attorneys' and experts' fees, arising from or related to claims made by any third-party due to or arising out of (a) Submitted Material or any other content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Sites or Resources, (b) your use of the Sites or Resources (or use of the Sites or Resources by any parties who use your computer, with or without your permission), (c) your violation of these Terms and/or your violation of any laws or regulations or the rights of another through the use of the Sites or Resources (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive termination of your relationship with Company or your ceasing to use the Sites or Resources. Company reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.
International and export issues
If you choose to access any Site from outside the United States, you are responsible for compliance with all applicable laws, rules, regulations, decrees and orders (collectively, "Laws"). You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Sites and you agree that you shall not transfer, or authorize the transfer, of any Content to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Content may not be exported or re-exported, in violation of any Laws, (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using any Content subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Changes to the Sites and These Terms
All information posted on the site is subject to change without notice and Company reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Sites or any part thereof to any user or group of users, without prior notice and for any reason or no reason. Company reserves the right, from time to time, to amend or change these Terms by posting such revisions to this Site (or successor web site). You agree to visit the Site periodically to be aware of and review any such revisions. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use the Services after the date on which the Terms have changed, Company will treat your use of the Services as acceptance of the updated Terms, with prospective effect.
Failure to perform by reason of any law, natural disaster, labor controversy, encumbered intellectual property right, war or any similar event beyond a party's reasonable control shall not be a breach hereof. This Agreement shall be construed and enforced under the laws of the State of Texas and, USA without reference to the choice of law principles thereof. User hereby consents to and submits to the jurisdiction of the federal and state courts located in the State of Texas. User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum. If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof. No waiver of any breach hereof shall be deemed a waiver of any other breach hereof.