Terms and Conditions

Terms and Conditions

By installing this mobile or web application (the "App," as defined below), you ("you" or the "User") accept and agree to be bound by these Application Terms of Use (the "App Terms"). Should you not acknowledge and agree to these App Terms, you must immediately uninstall this App and discontinue its use.

Definitions

The "App" shall mean the software provided by Octane, Inc. (“Octane") through which it offers a social network for sports fans, to be used on devices running on an Apple iOS platform ("Devices") including any other software or documentation which enables the use of the App, together with any web-based application entry-points and any upgrades from time to time. In order to use the App, you are required to have internet access and the necessary minimum specifications and, if downloading the App on your mobile device, a compatible Device.

End-User License

Subject to these App Terms, Octane grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal use only on a Device owned or controlled by User as permitted by the usage rules contained in the relevant third-party mobile application terms and conditions in accordance with these App Terms ("User License"). Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the App ("Content") is prohibited. These App Terms and User License also govern any updates to, or supplements or replacements for, this App unless separate App Terms accompany such updates, supplements or replacements, in which case the separate App Terms will apply.

User Information

App features, such as interaction with social media sites, may use, maintain, or transmit User's personal information, including, without limitation, information for and from third-party social-media accounts ("User Information"). By acknowledging and agreeing to these App Terms, or by using the App, User consents to the transmission of User Information to Octane, including its agents and third-party partners, and consents to Octane, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for App functionality and for the purposes disclosed in Octane's Privacy Policy.

The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on the Device by the App. The User is also solely responsible for all activities undertaken by anyone or anything with any account registered in the User's name, whether authorized or unauthorized. The User agrees to immediately notify Octane of any suspected unauthorized use associated with the App or any other breach of security. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the Device, including without limitation password-protecting the Device and employing, if applicable, remote-wipe features.

Conditions of Use

You will not, nor allow third parties on your behalf to (i) make and distribute copies of the App, (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (iii) create derivative works of the App of any kind whatsoever.

The App is currently made available to you free of charge for your personal, non-commercial use. Octane reserves the right to amend or withdraw the App, or charge for the application or service provided to you in accordance with these App Terms, at any time and for any reason.

You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third party charges as may arise. You accept responsibility for any such charges that arise.

Prohibited Uses

Use of the App is limited to the permitted uses expressly authorized by Octane. The App shall not be used in any way that:

harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);

is unlawful, fraudulent, or deceptive;

uses technology or other means to access unauthorized content or non-public spaces;

uses or launches any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;

attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

attempts to damage, disable, overburden, or impair Octane servers or networks;

attempts to gain unauthorized access to a Octane computer network;

attempts to gain unauthorized access to Octane's user accounts;

uses false or inaccurate Octane user accounts;

encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

violates Octane's supporting Acceptable Use Policy;

violates these App Terms in any manner; or

fails to comply with applicable third-party mobile application terms and conditions or other third-party policies (collectively "Acceptable Use").

The App may not under any circumstances be accessed via software or web-based application entry points which are not provided and pre-approved by Octane.

Octane reserves the right, in its sole discretion, to terminate any User License or account, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the App that Octane reasonably believes is or might be in violation of these App Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these App Terms.

User-Generated Content

User may generate content, written or otherwise, while using the App ("User-Generated Content"). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Octane (for example, in product marketing campaigns). User grants Octane and its successors a worldwide, irrevocable, transferrable, sublicensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Content. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.

Indemnification

User agrees to indemnify and hold harmless Octane, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the App, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys' fees) occurring from or related to the use or misuse of the App, violation of these App Terms, or violations of any rights of a third party, or any allegation thereof. Octane reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

No Warranties

OCTANE IS PROVIDING THE APP AND CONTENT TO THE USER "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APP AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, Octane DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APP IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APP BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APP WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

Limitations of Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL OCTANE OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APP OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APP; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APP, OR DEVICE FAILURE OR MALFUNCTION. THE USER'S SOLE REMEDY IS TO CEASE USE OF THE APP. Octane, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APP OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.

In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall Octane, its agents or anyone involved in creating or providing this App or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the App or $100, whichever is less.

Intellectual Property

Octane trademarks, service marks, graphics and logos used in connection with the App are trademarks or registered trademarks of Octane (collectively “Octane Marks"). Other trademarks, service marks, graphics and logos, including sports teams and leagues whose names, logos, trademarks or service marks may appear on the App, when used in connection with the App are the trademarks of their respective owners (collectively "Third-Party Marks"). Octane is in no way liable for and/or affiliated with the Third-Party Marks. Octane Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Octane or the applicable trademark holder. The App and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Octane or the owner of the Content.

Age Restriction

Only individuals thirteen (13) years of age or older may use the App. Users between the ages of thirteen (13) and eighteen (18) must review these App Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these App Terms. Should User's parent or legal guardian not acknowledge and agree to these App Terms, User must immediately uninstall this App and discontinue its use.

Privacy

Any personal information you supply to Octane when using the App will be used by Octane in accordance with its Privacy Policy.

Choice of Law, Jurisdiction

These App Terms are governed by the laws of the Commonwealth of Florida, United States of America, without regard to Florida's conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in Volusia, Florida, United States of America and the federal courts in the United States District Court for the District of Daytona, United States of America, for purposes of any legal action arising out of or related to the use of the App or these App Terms.

Severability

If any of these App Terms shall be deemed invalid, void, or for any reason unenforceable, those App Terms shall be deemed severable and shall not affect the validity and enforceability of any remaining App Terms. Failure of Octane to exercise or enforce any right or provision of these App Terms shall not constitute a waiver of such right or provision in that or any other instance.

Modification of these App Terms

Octane reserves the right to change or modify these App Terms or any other Octane terms, conditions, or policies related to use of the App (including the Privacy Policy identified herein) at any time and at its sole discretion by posting revisions within this App. Continued use of the App following the posting of these changes or modifications will constitute the User's acknowledgment and agreement to such changes or modifications.

Third Party Beneficiaries: User agrees that Octane's service providers, licensors, or others involved in creating or providing the App are third party beneficiaries to this End-User License and may rely upon the provisions of this End-User License, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.

Contact Us

If you have any questions regarding these App Terms, you can email us at support@octane-app.com