Terms of Use

Date of last revision: January 2020

Machineroad welcomes you to our ball tracking app. Below are our terms and conditions for the use of this application. These terms and conditions apply whenever you access this app, on whatever devices.

By using this app as a registered user, you have deemed to have accepted these terms and conditions. If you are registered as a user, please read carefully the privacy policy.

Any changes we make to the terms and conditions will be reflected on this page.

Please read these Terms of Use (“Terms”) carefully before using the platform.

Access to and use of this app is provided by Machineroad and is subject to the following terms:

1)        By using the app, you agree to be legally bound by these terms, which shall take effect immediately on your first use of the app. If you do not agree to be legally bound by all the following terms, please do not access and/or use this app.

2)        Machineroad may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made. Your continued use of the app after changes to this policy means you agree to be legally bound by these terms as updated and/or amended.

Machineroad grants you a non-exclusive, non-transferable right to use the app within the territory specified when you download the app for your personal use only.  You must not use the app for any commercial purpose (including by selling access to the app or information contained within or calculated using the app) without our prior written consent.

1. GROUND RULES

Eligibility.  You are only eligible to use the app if you are of legal age in your country or if you have consent from your parent or guardian.  There may be certain age restrictions for specific services providing in connection with the app in various countries.

You must not record images or video of other people using the app unless you have their prior consent.  You must not record any images or videos of children under the legal age in your country or under 14 years old (whichever is lower) without the express prior consent of their parents or guardian.

Rules for Registration.  When you register for an account with us, the following rules apply:

·        Be True:  Provide accurate and current registration information.

·        Be You:  Keep your registration personal.  Do not register for more than one account, register an account on behalf of someone else, or transfer your account.

·        Be Secure:  Keep your username, password and other login credentials secure and do not allow anyone else to use your account. 

·        Be Responsible:  Inform us immediately of any unauthorized use of your account.  You are responsible for anything that happens through your account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, MACHINEROAD IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.  

2.  OWNERSHIP OF CONTENT

Except for User Content (defined below), all of the content on our app or platform- including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by Machineroad  or others we license Content from, and is protected by copyright, trademark, patent and other laws. We reserve all rights not expressly described in these Terms.

·        All trademarks, service marks and trade names are owned, registered and/or licensed by Machineroad.  You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the app, our platform or Content.

·        You agree not to change or delete any ownership notices from materials downloaded or printed from the app or the platform.

·        To the extent Machineroad  approves the download or use of Content comprised of copyrights or copyrightable works, Machineroad  grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as we makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.  Machineroad reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason.  Machineroad reserves the right to take down any Content in violation of these terms or Machineroad ’s intellectual property rights.  Machineroad allowing you this limited use does not constitute a waiver of any of Machineroad ’s rights to the Content. 

·        Outside of the specific usage rights granted to you by Machineroad  in connection with the app or platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the app or platform), without Machineroad ’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.

3.  POSTING CONTENT

User Content License. Some parts of the app or platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content” Either within our platform or via third party social media platforms.  Machineroad is not responsible for User Content others post to the app or platform. User Content is owned by you or whoever created it, but when you post User Content you license it to Machineroad as described below:

·        You represent that you have the right to post your User Content, and you grant Machineroad  a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the app or platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Machineroad may, in its sole discretion, remove any User Content at any time.  

·        You understand that deleted User Content may persist in Machineroad ’s systems and on the app or platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law. 

LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS.  You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to Machineroad  a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

4.  USER CODE OF CONDUCT

We’re excited to have you contribute to our community.  Here are a few basic rules:

·        Be Original.  Only post User Content to the app or platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content. 

·        Be Safe. 

o   Do not do anything that may expose Machineroad or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the app or platform.

o   Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any app or platform software or security technology.

o   Do not use any data mining, robots, scraping or similar data gathering methods.

o   Unless we indicate otherwise, our platform is a public place.  Do not post sensitive information to the app or platform that you or anybody else do not wish to be publicly available.

o   Be Personal.

§  Do not post any advertising, solicitation or commercial content on the platform or accept payment from a third party in exchange for performing commercial activity on the platform.

§  Do not collect or solicit personal information from other platform users or send unsolicited messages.

§  Do not use automated technology to interact with the platform.

§  Be Appropriate. Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. Machineroad has the right to pre-screen, monitor, or remove User Content – but we have no obligation to do so.

§  Be Yourself.  Do not impersonate any person or organization, including athletes.

 

5.  PARTNERS ON THE PLATFORM

From time to time, Machineroad may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the app or platform, but this does not mean Machineroad endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies.  You should carefully review any Third Party’s sites and terms of use and privacy policy. Machineroad is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

6.  IMPORTANT DISCLAIMERS

PHYSICAL ACTIVITY. 

The Platform may include features that promote physical activity, nutrition or general wellness.  They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes.  

·        Consider the risks involved and consult with your medical professional before engaging in any physical activity. 

·        Never disregard professional medical advice or delay in seeking it because of something you have viewed on the app or Platform. 

o   TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Machineroad IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE FEATURES ON THE APP OR PLATFORM.

USER INTERACTIONS.  To the extent allowed by applicable law, we are not responsible for your interactions with other users of the app or platform or any damage or harm you may experience because of these interactions.

·        Be responsible and take precautions when interacting with other users (including users you do not know) on the app or platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be.  Machineroad is under no obligation to become involved with any user dispute but may do so at its own discretion.

WARRANTY DISCLAIMER.  Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you.

The app, platform, Content, and the materials and products on this app and platform are provided “AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise, including as to the bowling speeds calculated using the app. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Machineroad IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE APP OR PLATFORM.    

·        Machineroad does not guarantee that the app or platform will be uninterrupted or error-free, that any defects will be corrected, or that the app or platform is free of viruses or anything else harmful.  

·        To the fullest extent permitted by law, Machineroad  disclaims all warranties, express or implied, regarding the app, platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

·        You are solely responsible for any damage to your Device resulting from accessing the app or platform, to the extent applicable law does not provide otherwise.

·        We hope you enjoy and get the full benefit of the app or platform; however, we do not guarantee any results.

7.  TERMINATION

Machineroad may terminate or modify any member program, product or service at any time without notice.

Machineroad may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the app or platform at any time and for any reason, without any liability to Machineroad, subject to applicable law.    

·        You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the app or platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.

·        These Terms remain in effect even after your account is terminated or you have stopped using the app or platform.

8.  APP MARKETPLACES: You acknowledge that this agreement is between you and Machineroad  only, and not with the app marketplace where you downloaded this app (e.g. for iOS users, the App Store operated by Apple Inc. or for Android users, the Google Play store operated by Google Inc.).   

9.  LIABILITY:  Despite any other provision in these Terms, Machineroad’s total aggregate liability to you for all claims arising out of or in connection with these Terms or the app is the total subscription fees you have paid in the 12 months immediately preceding the date liability arose.

 

GENERAL

These terms may vary from time to time. Please ensure you review these terms and conditions regularly as you will be deemed to have accepted any variation if you continue to use the site after it has been posted.

Although we do our best to provide constant and uninterrupted access to ball tracking, we do not guarantee this. We accept no responsibility or liability for any interruption ore delay.

 

These Terms are governed by New Zealand law and you submit to the non-exclusive jurisdiction of the New Zealand courts in respect of any disputes arising in connection with these Terms.