Privacy Policy

This privacy policy governs your use of the mobile software application uSTADIUM (“Application”) created by NextGen Social Sports, Inc. The Application is a cool and fun way for users and football fans to share opinions, experiences, converse and even meet with other users. Post your opinions, add comments, like/dislike, enter contests, set a location at a sports bar, and build your own fanbase! uSTADIUM is not affiliated with any professional sports team, franchise, league or with any players. Our content is purely independent creative, and does not serve to represent anything in the realm of professional sports.

The Application obtains the information you provide when you download and register the Application. Registration with us is completely optional. However, please keep in mind that you my not be able to use some of the features offered by the Application unless you do register with us.

Operating and using our Application means you (“the User”) fully understand and approve that we are providing you with a platform to post content, including video, photo, text, comments, like/dislike (“User Content”), and the ability to share content publicly with others. If anybody gets harmed mentally or physically (i.e. encounters stemming from content, events etc.) due to any uSTADIUM content, we are in no way responsible.

What information do we keep? Your name, username, and email address when you create an uSTADIUM account. With your permission, we may also access other information on your device, such as your phone book, calendar or messages, in order to provide services that only serve to enhance the user experience. If authorized by you, we may also access profile and other information from third party services like Facebook, Twitter , FourSqauare, and other user applications and the User Content (e.g. videos, texts, photos, comments, likes, dislikes) posted to said service. We do not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information. We use technologies like cookies (small files stored on your browser), web beacons, or unique device identifiers to identify your computer or device so we can deliver a better experience.

Our systems also log information like your browser, operating system and IP address. Our systems may associate this personal information with your activities in the course of providing service to you (such as pages you view or things you click on or search for). With your permission, we may log file information. In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

What happens to your Information? uSTADIUM may use any information to run contests, events, or other special activities to create a better user experience. All user information is meant to serve the users’ best interest, and if you do not wish to participate in certain offerings by the service, you are within right and encouraged to refrain. Please fill out our opt-out form if you want to opt-out of this sharing: [http://ustadium.com/opt-out/]

In order to best serve you, we may share your User Content and your information (including but not limited to, information via cookies, log files, device identifiers, location data, and usuage data) with companies, including vendors and contractors that are legally part of the same group of companies that uSTADIUM is part of, or that become part of our group as an “Affiliate”. Affiliates may use this information to help provide, understand, and improve the service (including analytics, testing procedures) and Affiliates’s own services to for the sole purpose of bettering the uSTADIUM user experience. Our vendors and affiliates provide assurance that they take reasonable steps to safeguard the data they hold on our behalf, although data security cannot be guaranteed.

We may also share certain information such as cookie data and identifiable information (such as name, email etc…) with trusted advertising partners for the purpose of delivering targeted advertisements for your best interest. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information. Please fill out our opt-out form if you want to opt-out of this sharing: [http://ustadium.com/opt-out/]

California residents are legally entitled (at no charge and no more than once annually) to request information about how we may have shared your information with others for direct marketing purposes. Contact us for this information: E – Info@uSTADIUM.com.

In the event of any legal requests (e.g. search warrant, subpoena or court order), instances of fraud, or other illegal activity; we may access or share your information in order to best protect you and other users. We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions. You can opt out of any marketing promotions at anytime via our online Opt-Out Form: ([http://ustadium.com/opt-out/]

When you visit the mobile application, we may use GPS technology only with your approval (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements.

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application, or fill out our opt-out form [http://ustadium.com/opt-out/].

We may disclose User Provided and Automatically Collected Information: (1) as required by law, such as to comply with a subpoena, or similar legal process; (2) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; (3) with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement. (4) if NextGen Social Sports, Inc. is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

NextGen Social Sports and uSTADIUM is not responsible for the functionality, privacy, or security measures of any other organization or third party links. Your channel of content is your responsibility to keep in good legal and ethical standing.
What can ad companies do with your information? Ad companies may use and collect anonymous data about your interests to customize content and advertising here and in other sites and applications. Interest and location data may be linked to your device, but is not linked to your identity. Please fill out our opt-out form if you want to opt-out of this: [http://ustadium.com/opt-out/] Or Email: [Info@uSTADIUM.com]

We only share your information to third parties in these limited circumstances: (1) with your express consent; (2) when we have a good faith belief it is required by law; (3) when we have a good faith belief it is necessary to protect our rights or property; or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but we will attempt to notify you, to the extent permitted by law to do so.

If you have any questions or concerns about our privacy policies, please email us:
[Info@uSTADIUM.com]

If you have given us contact information but do not want us to contact you with promotional or marketing information, you should opt-out here:
[http://ustadium.com/opt-out/]

Please allow at least 60 days for us to process your request, we will try to process requests sooner.

How do we protect your information? We at uSTADIUM take reasonable administrative, physical and electronic measures designed to safeguard and protect your information from unauthorized access or disclosure. This includes utilizing software, which encrypts the personal information you input, and storing your information in encrypted form behind a firewall designed to block access from outside our network. However, no security or encryption method can be guaranteed to protect information from hackers or human error. Information we collect may be stored or processed on computers located in any country where we do business.

Important Note. Your usage of our service constitutes your agreement to the terms of this privacy policy. This privacy policy was last updated on [July 25th, 2014] and our privacy policy may change from time to time. If we make any changes to our policies, we will place a prominent notice on our website or application, and your use of the service after the effective date of the updated terms constitutes your agreement to the Updated Terms. Agreements to Updated Terms begin once action is taken on the service. Therefore, we highly recommend you always review our Privacy Policies and any other such Updated Terms before using the service. If the change materially affects registered users, we will send a notice to you by email, push notification or text. Please make to read our full privacy policy, which includes other important information.

Warranty Disclaimer & Limited Liability Waiver. uSTADIUM and its governing parties do not promise that the uSTADIUM application service will be error-free, and any issues arising to your mobile device, network, network systems, computer, mobile network are not uSTADIUM’s responsibility or liability. Your use of the uSTADIUM application service is solely at your own risk. Any virus, bugs, network defects are not uSTADIUM’s responsibility.

uSTADIUM will not be liable or responsible for any losses, damages, injuries, or criminal acts stemming or resulting from uSTADIUM content or interactions. Physical encounters, assaults, harassments, threats, or any sorts of crimes amongst uSTADIUM users are never uSTADIUM’s responsibility. This application service is solely meant for fun and never to be taken seriously.

uSTADIUM is not liable or responsible for the service provided by third parties, and how these third parties use your information, and content is your responsible. We will do our best to make sure we limit the defective services of third parties on uSTADIUM, but we cannot guarantee an error-free service.

uSTADIUM is not liable or responsible for any sexually explicit material posted, and any pitfalls from such content will be your (the user’s) responsibility.
You will be banned from our service for at least one (1) year if you post anything sexually explicit.

Miscellaneous
In the event of deceased uSTADIUM user, please contact us: (1) email – info@ustadium.com; (2) Fill out our opt-out form – [http://ustadium.com/opt-out/]; or (3) mail us – 60 White Plains Avenue, West Harrison, NY 10604. If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at info@uSTADIUM.com

Terms of Service

The following terms and conditions govern all use of the uSTADIUM Application Service and all content, services and products available at or through the Application and Service. The uSTADIUM Application Service is owned and operated by NextGen Social Sports, Inc. (“uSTADIUM”, “we”, “us”, or “our”).
The Application Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, uSTADIUM’s Privacy Policy) and procedures that may be published from time to time on this Service by uSTADIUM (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the uSTADIUM Application Service. By accessing or using any part of uSTADIUM, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Application or use any services. If these terms and conditions are considered an offer by uSTADIUM, acceptance is expressly limited to these terms.

Your uSTADIUM Account and Profile. If you create a profile on the uSTADIUM Application, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and uSTADIUM may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause uSTADIUM liability. You must immediately notify uSTADIUM of any unauthorized uses of your profile, your account or any other breaches of security. uSTADIUM will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. If you operate an account, comment on a post, post material to the Public, post links on the Application, enter a competition or live game, or otherwise make (or allow any third party to make) material available by means of the Application (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video files, or computer software. By making Content available, you represent and warrant that:
the downloading, copying, posting, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party, specifically professional sports teams, players, and leagues;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile’s name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by uSTADIUM or otherwise.

By submitting Content to uSTADIUM for inclusion on your Profile, you grant uSTADIUM a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, uSTADIUM will use reasonable efforts to remove it from the Application, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, uSTADIUM has the right (though not the obligation) to, in uSTADIUM’s sole discretion (i) refuse or remove any content that, in uSTADIUM’s reasonable opinion, violates any uSTADIUM policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Profile to any individual or entity for any reason, in uSTADIUM’s sole discretion. uSTADIUM will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Profile Visitors. uSTADIUM has not reviewed, and cannot review, all of the material, including computer software, posted to the Application, and cannot therefore be responsible for that material’s content, use or effects. By operating the Application, uSTADIUM 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. The Application may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Application 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. uSTADIUM disclaims any responsibility for any harm resulting from the use by visitors of the Application, or from any downloading by those visitors of content there posted.

Content Posted on Other Services. We have not reviewed, and cannot review, all of the material, including computer software, made available through the services (e.g. applications, websites, webpages etc…) to which uSTADIUM links, and that link to the uSTADIUM Application. uSTADIUM does not have any control over those non-uSTADIUM services, applications, websites and webpages, and is not responsible for their contents or their use. By linking to a non-uSTADIUM service, application, website or webpage, uSTADIUM does not represent or imply that it endorses such service, application, website or webpage. 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. uSTADIUM disclaims any responsibility for any harm resulting from your use of non-uSTADIUM services, applications, websites and webpages.

Copyright Infringement. As uSTADIUM 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 uSTADIUM violates your copyright, you are encouraged to notify uSTADIUM immediately. uSTADIUM will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. uSTADIUM will terminate a visitor’s access to and use of the uSTADIUM Application if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of uSTADIUM or others. In the case of such termination, uSTADIUM will have no obligation to provide a refund of any amounts previously paid to uSTADIUM.

Intellectual Property. This Agreement does not transfer from uSTADIUM to you any uSTADIUM or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with uSTADIUM. uSTADIUM, NextGen Social Sports, the uSTADIUM logo, and all other trademarks, service marks, graphics and logos used in connection with uSTADIUM, or the Application are trademarks or registered trademarks of NextGen Social Sports or NextGen Social Sports’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. Your use of the Application grants you no right or license to reproduce or otherwise use any uSTADIUM, NextGen Social Sports or third-party trademarks.

Advertisements. uSTADIUM reserves the right to display advertisements on your profile and/or feeds.

Emails. uSTADIUM reserves the right to email you with app updates and promotions. If you do not wish to receive uSTADIUM emails please opt out here (http://ustadium.com/opt-out/).

Attribution. uSTADIUM reserves the right to display attribution links in different areas of the Application such as ‘profile at uSTADIUM.’
Changes. uSTADIUM reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Application following the posting of any changes to this Agreement constitutes acceptance of those changes and its present agreement state. uSTADIUM may also, in the future, offer new services and/or features through the Application (including, the release of new feeds, contest, and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Contests. uSTADIUM reserves the right to disqualify any contest entries for any reason(s). What will spark an automatic disqualification is if we discover that fake accounts were created with falsified or unverified email addresses; in the event of boosting a contest entry. If we discover that a user has created, in the form of signing up multiple accounts with falsified emails via their device, or telling others to create multiple accounts with falsified emails; “unverified” or “fake” accounts to boost an entry (i.e. liking), they will be automatically disqualified from that particular contest. If even one like is registered via a “fake account” this constitutes an automatic disqualification. Also any entry not specific to a contest prompt is subject to disqualification.

Termination. uSTADIUM may terminate your access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Application account (if you have one), you may simply discontinue using the Application and you can deactivate your uSTADIUM account by completing the form available here: http://uSTADIUM.com/deactivate. Upon termination or deactivation your uSTADIUM Content and Material will no longer be accessible through your account, but may appear on past feeds within the service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Application is provided “as is” uSTADIUM and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither uSTADIUM nor its suppliers and licensors, makes any warranty that the Application will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Application at your own discretion and risk, and You will not post copyrighted or any sexually explicit material, and You take full responsibility for any such behavior.

Limitation of Liability. In no event will uSTADIUM, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to uSTADIUM under this agreement during the twelve (12) month period prior to the cause of action. uSTADIUM shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Application will be in strict accordance with the uSTADIUM Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Application will not infringe or misappropriate the intellectual property or copyright rights of any third party. uSTADIUM does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content, and uSTADIUM will not liable or responsible for any use or disclosure of any Content you provide.

Indemnification. You agree to indemnify and hold harmless uSTADIUM, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Application, including but not limited to your violation of this Agreement.

Governing Law. This Agreement constitutes the entire agreement between uSTADIUM and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of uSTADIUM, or by the posting by uSTADIUM of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Application will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the state of Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in the state of Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automatic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Fair Use of Copyrighted Material 

The following copyrighted material is used fairly by the uSTADIUM Application Service and all content, services and products available at or through the Application and Service:

Sport Fan by Colin Lawrence from the Noun Project (link: https://thenounproject.com/search/?q=team&i=8283).