The following terms and conditions ("Terms of Service" or these “Terms”) are a legal agreement between you and Rostersize, LLC, (“Rostersize”), and govern your access to, and use of, the Rostersize.com website (the "Website"), you downloading or installing the Rostersize mobile application (the “App”) if available, and your use of any of the services offered by Rostersize (collectively with the Website and the App, the “Services”).
By clicking on the "I Agree" checkbox, downloading the App, or by accessing, browsing, or otherwise using the Website, you agree to be bound by these Terms and any of the related policies or guidelines, including any subsequent changes or modifications to them and that you have the authority to enter into these Terms personally or on behalf of the third party you have named as the user. The term “you” refers to the individual, team, club, or legal entity identified as the user when you registered for the Services. If you do not agree to these Terms or any changes, do not access or otherwise continue to use this Services.
In order to access certain features of the Services you may be required to register for an account (“Account”). In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Rostersize immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Rostersize has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rostersize has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. Rostersize reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Rostersize, or if you have been previously banned from use of any of the Service.
The Rostersize Services provide a digital platform to create and organize players into teams for sports organizations. The Services may be used by sports organizations (an “Organization”) and team coaches (a “Team”). Rostersize is not responsible for the practices of Organizations or Teams that Rostersize does not own or control. If you have questions regarding any of the additional polices or agreements contained on an Organization Site, please contact the related Organization or Team directly.
Some elements of the Services may be offered by Rostersize for a fee. The fees for such Services are posted on the Website and/or the App Stores. Unless otherwise agreed in writing, fees are subject to change without notice. You agree to pay Rostersize in advance the applicable fees for the Services provided by Rostersize under these Terms. If you elect to pay applicable fees with a credit card, Rostersize will bill your credit card for all fees and you hereby authorizes Rostersize to charge your credit card or to charge any form of payment you have obtained to replace your credit card. You will provide Rostersize with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Rostersize reserves the right to terminate your use of the Services and in addition to seeking any other legal remedies. Rostersize is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Rostersize. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Website. Rostersize’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Rostersize’s income.
Unless otherwise clearly stated, Rostersize payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Terms of Service or continuing to utilize Rostersize for payment processing services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Rostersize enabling payment processing services through Stripe, you agree to provide Rostersize accurate and complete information about you and your business, and you authorize Rostersize to share with Stripe such information and transaction information related to your use of the payment processing services provided by Stripe.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of Rostersize's Payment service, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
You may not use the Rostersize Payments service for activities that:
Rostersize and its licensors own all rights, title, and interest in the Services (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Rostersize.
You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of Rostersize or any third party. Any unauthorized use of the Services will terminate the permission or license granted by Rostersize to you under this Terms of Service and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Rostersize (“Feedback”) is at your own risk and that Rostersize has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Rostersize a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. Additionally, if you provide reviews or quotes about any of the Services to Rostersize (“Reviews”), you hereby grant Rostersize a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner and all Reviews and to include your first name in connection with Rostersize’s use of the any such Review.
You are legally responsible for all data, content or other information ("User Content") uploaded, posted or stored through your Account or on your Organization Site or otherwise through your use of the Services. You are responsible for any User Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. Rostersize does not control the User Content posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such content. Rostersize reserves the right, in its sole discretion, without notice at any time, to (a) review the User Content posted via the Services; (b) edit, remove or refuse to post any User Content, in whole or in part, for any or no reason in Rostersize’s sole discretion; (c) take any action with respect to any User Content that we deem necessary or appropriate in Rostersize’s sole discretion, including if we believe that such User Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Rostersize; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, your violation of these Terms of Service or any other agreement between you and Rostersize.
Rostersize claims no intellectual property rights over the User Content you provide to the Services. Your User Content remain yours. However, you grant to Rostersize and its related companies, affiliates and partners an irrevocable, worldwide, royalty-free license to (a) host, use, copy, store, distribute, publicly perform and display, modify, and create derivative works of (such as changes we make so that your content works better with the Services) such User Content as necessary to provide, improve and make the Services available to you and other users, including through any future media in which the Services may be distributed, (b) use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including for use in improving the Services or in marketing and business development purposes), (c) use any User Content that has been de-identified for any product development, research or other purpose (including after termination of your use of the Services), and (d) use any User Content for other purposes permitted by the Rostersize Privacy Policy. You are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing license to the User Content.
In connection with any User Content, you represent and warrant the following:
Refer to Rostersize's Privacy Policy to understand how Rostersize collects, uses and discloses your personal information. Organizations and Teams agree to use any information that is collected through or stored within the Services in a manner that is consistent with the Privacy Policy and to provide at least the same level of protection for personal information as that provided by Rostersize.
You are solely responsible for your activities on the Services, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify Rostersize and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, including violations of the Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by any data, text, photographs, graphics, messages, ratings, forum postings, comments or other materials (collectively, "User Content") that you submit or a third party submits on your behalf or using your account.
"Rostersize," "Rostersize.com" and Rostersize's logos are trademarks, service marks or registered trademarks of Rostersize Inc. or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of Rostersize or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without Rostersize's permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Rostersize, and may not be copied, imitated, or used, in whole or in part, without Rostersize's prior written permission. All other Rostersize names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Rostersize.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. ROSTERSIZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, SERVICES, AND ALL CONTENT AVAILABLE THEREIN THE SITE. Rostersize DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.
Rostersize is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
IN NO EVENT SHALL ROSTERSIZE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA.
ROSTERSIZE'S AGGREGATE LIABILITY FOR ANY ACTUAL AND DIRECT DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNTS YOU PAID TO ROSTERSIZE DURING THE PRIOR 12 MONTH PERIOD OR $100.
You acknowledge that the above limitation of liability is a reasonable allocation of risk for your use of the Services and is a fundamental element of the basis of the agreement between you and Rostersize. Rostersize would not be able to provide the App or the Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Rostersize’s suppliers as well.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.
Please read this Conduct Policy carefully. It governs your conduct while using the Services.
Any violation of this policy may result in the suspension or termination of your access to the Services and such action as Rostersize deems appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on the Service.
You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
Notwithstanding anything to the contrary in this Conduct Policy, Rostersize reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Services or its systems, equipment or network. Rostersize further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any content that violates these provisions or that Rostersize deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in the Rostersize Privacy Policy, Rostersize reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if Rostersize suspects you have violated this Conduct Policy or any law or regulation. Rostersize also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
If you want to report any violations of this Conduct Policy, please contact us at: rostersize@gmail.com.
The Website is an internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, Rostersize maintains specific contact information provided below for notifications of claimed infringement regarding materials posted to the Website. All notices should be addressed to: rostersize@gmail.com
Rostersize will respond expeditiously to claims of copyright infringement committed on the Website. In notifying Rostersize of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit Rostersize to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
You hereby release Rostersize and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services or any interaction between you and any other user of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Rostersize’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Rostersize shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Colorado, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Where Rostersize requires that you provide an e-mail address, you are responsible for providing Rostersize with your most current e-mail address. In the event that the last e-mail address you provided to Rostersize is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Rostersize’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Rostersize are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Rostersize products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Your use of, and participation in, certain Services may be subject to additional terms and such terms will either be listed in the Terms of Service or will be presented to you for your acceptance before you use the supplemental Service.
Please note that the Terms are subject to change by Rostersize in its sole discretion at any time. When changes are made, Rostersize will make a new copy of the Terms of Service available on the Website. We will also update the “Last Updated” date on the Terms of Service. If Rostersize makes any material changes, and you have registered with us to create an Account, Rostersize will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Rostersize may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).
Last Updated: August 2, 2020