The SMASHSCORE websites were created to help organizers and players manage tournaments, leagues and ladders. The following terms and conditions ("Terms of Service") govern your access to, and use of, the SMASHSCORE.COM websites ("Smashscore") operated by GOOB Development Inc. ("GOOB").
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on Smashscore.
If you manage, play, or contribute in a tournament, league, ladder, or forum on Smashscore, post links on Smashscore, or otherwise make (or allow any third party to make) material available by means of Smashscore (any such material, "User Material"), You are entirely responsible for the content of, and any harm resulting from, that User Material. That is the case regardless of whether the User Material in question constitutes, without limitation, text, graphics, scripts, photos, sounds, videos, an audio file, or computer software. By making the User Material available, you represent and warrant that:
By submitting User Material to Smashscore you grant GOOB a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the User Material. If you delete User Material, GOOB will use reasonable efforts to remove it from Smashscore, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, GOOB has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any User Material that, in its reasonable opinion, violates any GOOB policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Smashscore to any individual or entity for any reason, in its sole discretion. GOOB will have no obligation to provide a refund of any amounts previously paid.
GOOB has not reviewed, and cannot review, all of the material, including computer software, posted to Smashscore, and cannot therefore be responsible for that material's content, use or effects. By operating Smashscore, GOOB does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Smashscore may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Smashscore may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. GOOB disclaims any responsibility for any harm resulting from the use by visitors of Smashscore, or from any downloading by those visitors of content there posted.
Optional premium paid services may be available. By selecting a premium service you agree to pay GOOB the fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service until its benefits are depleted. Premium service fees are not refundable.
This Agreement does not transfer from GOOB to you any of its or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with GOOB.
As GOOB asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Smashscore violates your copyright, you are encouraged to notify GOOB. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of GOOB or others, it may, in its discretion, terminate or deny access to and use of Smashscore. In the case of such termination, GOOB will have no obligation to provide a refund of any amounts previously paid to it.
YOU AGREE THAT YOUR USE OF SMASHSCORE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GOOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF DEVICES THAT EXECUTE MOBILE APPLICATIONS ACCESSING SMASHSCORE) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. GOOB MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF SMASHSCORE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SMASHSCORE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SMASHSCORE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SMASHSCORE. GOOB EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. GOOB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH SMASHSCORE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GOOB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
IN NO EVENT SHALL GOOB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SMASHSCORE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SMASHSCORE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH SMASHSCORE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA SMASHSCORE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GOOB SHALL NOT BE LIABLE FOR USER MATERIAL OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. GOOB makes no representations that SMASHSCORE is appropriate or available for use in their locations. Those who access or use SMASHSCORE do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Smashscore.com, app.Smashscore.com, GOOB, GOOB Labs, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Smashscore Websites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your User Material caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Smashscore Websites.
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 13, as the Smashscore Websites are not intended for children under 13.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GOOB without restriction.
GOOB reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of Smashscore following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND GOOB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SMASHSCORE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.