Terms of Use

Effective: September 2nd, 2021

These Terms of Use govern the use of The Leagues, a mobile app that enables users to record, listen to, and share thoughts in the form of audio files (hereinafter, the “Service”).  The Service is provided by The Leagues LLC, located at 3 E Third Ave #228. San Mateo, CA 94401 (hereinafter, “our Company” or “we” or “us”).  By using the Service, you accept and agree to be bound by these Terms of Use as well as our Privacy Policy .  If you do not agree with any provision of these Terms of Use or our Privacy Policy, please do not use the Service.

IMPORTANT NOTE: THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.  PLEASE SEE THE “NO WARRANTIES; LIMITATION OF LIABILITY” AND “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” SECTIONS FOR DETAILS.

Certain Definitions

As used in these Terms of Use:

Changes

We may make change to these Terms of Use from time to time in our sole discretion.  Any material changes to these Terms of Use will be effective thirty (30) days following our notification to you on the Service.  By continuing to use the Service after such 30-day period, you are deemed to have agreed to the changes.  If you do not agree with changes to these Terms of Use, your sole and exclusive remedy will be to discontinue use of the Service.

Consent to Electronic Communications

By using the Service and providing your email address and/or mobile number, you consent to receiving electronic communications from our Company and our affiliates and Suppliers that are related to your use of the Service.  These electronic communications may include emails, text messages, push messages, in-app messages, and notifications directly posted to your account on the Service.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the same be in writing.

Account Registration

By registering an account on the Service, you warrant that all account information you submit is your own information and is truthful and accurate.  You acknowledge and agree that we may immediately suspend or terminate your account if we have any reason to believe that you have misrepresented or provided false account information to us.  It is your responsibility to keep your account information accurate and current.  As the account holder, you are responsible for safeguarding your account login information (username and password), and you should notify us immediately in the event your account login is lost, stolen, or used by another without your permission.  You are responsible for all activities on your account, including those of any User you allow to access your account, and any misconduct by you or any such User may result in termination of your account.

Third-Party Platform Providers

Third-party platform providers, such as Apple, Inc. and Google, Inc. (each, a “Third-Party Platform Provider”), are third-party beneficiaries to these Terms of Use.  You acknowledge and agree that: (i) Third-Party Platform Providers are not parties to these Terms of Use and are not responsible for the operation, maintenance or support of the Service; and (ii) when you access the Service through a Third-Party Platform Provider’s product or service, you are also bound by and must comply with all of the applicable terms and policies of such Third-Party Platform Provider.

Mobile Service Charges

When you use the Service, your wireless carrier may impose data and/or other charges, and you acknowledge and agree that you will be solely responsible for all charges from your wireless carrier.

Reservation of Rights

We reserve the right to modify or discontinue all or any part of the Service at any time in our sole discretion, with or without notice.  We will not be liable to you or to any other User, if for any reason all or any part of the Service becomes unavailable at any time or in any location.  If you register an account on the Service, we reserve the right to suspend or terminate your account, if we determine (in our sole judgment) that you are in violation of these Terms of Use or any applicable law or that your use of the Service may expose our Company or any of our affiliates or Suppliers to liability of any kind, or may adversely affect the image, reputation or goodwill of our Company or any of our affiliates or Suppliers.

Compliance with Export Control Laws

The Service and Content may be subject to U.S. export control laws and regulations.  You agree not to export, re-export, or transfer, directly or indirectly, the Service (or any of its components) or any Content, or any U.S. technical data acquired from the Service, or any product or service utilizing such data, in violation of U.S. export control laws or regulations.

Prohibited Uses

You shall not: (i) use the Service or Content other thanfor your own lawful personal and noncommercial use only; (ii) use the Service or Content for fraudulent, impersonation, harassment, threatening, bullying, defamatory, or other harmful or malicious purposes; (iii) use the Service to post or disseminate hate speech or material that incites or promotes violence or crimes; (iv) use the Service to post or disseminate material that infringes or violates another’s intellectual property, privacy, or other property or personal right; (v) disrupt or interfere in any way with the operation of the Service or any server, network or system associated therewith, or another’s use of the Service; (vi) modify or otherwise make derivative works from, or decompile, disassemble or otherwise reverse engineer, any software or other technology component of the Service; (vii) disable, remove, breach, or circumvent any content protection or access control mechanisms (including geo-blocking mechanisms) associated with the Service or Content; (viii) access another’s account or a password-protected area on the Service without proper authorization; (ix) use any robot, spider, or other automatic device, process, or means to access the Service or Content for any purpose, including for monitoring or mining of data from the Service; or (x) use the Service or Content for any purpose that violates these Terms of Use or any applicable law.

To report misuse of the Service, please email us at hello@theleagues.com.

Proprietary Rights; Our Limited License to You

With the exception of User Content, all elements of the Service and Content, including all copyrights, trademark rights, trade dress rights, patent rights, and other intellectual property and proprietary rights therein and thereto, are the property of our Company or our affiliates or Suppliers (as the case may be), and are protected by intellectual property and other laws in the United States and other countries.

Subject to your compliance with these Terms of Use and applicable laws, we grant you a revocable, conditional and limited license to access and use the Service and Content for your own lawful personal and noncommercial use only.  This license is personal to you and is not transferable or sublicensable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms of Use or any applicable law).  Any unauthorized use, copying, reproduction or distribution of the Service or Content is strictly prohibited and may result in civil and/or criminal liabilities.  We reserve all rights not expressly granted herein.

The Leagues name and logo are trademarks of our Company and are protected by U.S. federal and state, and other country laws.  Except as specifically permitted by applicable laws, any unauthorized use of our trademarks is strictly prohibited and may give rise to civil and/or criminal liabilities.

User Content

You retain ownership of your User Content.  However, by using the Service you acknowledge and agree to the following:

Our DMCA Policy

We respect others’ intellectual property and ask that all Users do the same.  To comply with the U.S. Digital Millennium Copyright Act (Title 17, U.S. Code) (hereinafter, “DMCA”), we have adopted and implemented a policy that provides for the prompt removal of allegedly infringing User Content and for the termination of the account of any User that is determined by us to be a repeat infringer.  If you believe that any User Content on the Service is infringing copyright and should be removed, please notify our Designated Agent (listed below) in accordance with the following:

Our Designated Agent: The following is our Designated Agent for receiving notifications of claimed copyright infringement:

The Leagues LLC
Attn: Copyright Infringement
3 E Third Ave #228 San Mateo, CA 94401
Email: hello@theleagues.com

Notice of Claimed Copyright Infringement: Notification of claimed copyright infringement must be in writing and sent to our Designated Agent listed above, and must include the following information:

Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against your User Content, you may make a counter-notification with our Designated Agent listed above.  The counter-notification must be in writing and include the following information:

If we receive a valid counter-notification, we may reinstate the removed or disabled User Content in accordance with the DMCA.

NOTE: Under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.

User Interactions

Please adhere to the following guidelines when interacting with other Users on the Service:

To report violations of the above guidelines, please email us at hello@voveraudio.com.

User Feedback

If you submit ideas, suggestions, comments, or other feedback concerning the Service or Content (whether solicited or unsolicited) (“Feedback”) to our Company, you understand and agree that: (i) our Company and our affiliates and Suppliers, including our and their successors and assigns, will be free to copy and use your Feedback for any and all commercial and noncommercial purposes (including, without limitation, for marketing, advertising, promotion, and product/service development); (ii) your Feedback submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality; (iii) your Feedback submission does not give rise to any contractual, fiduciary or confidential relationship of any kind (whether express or implied) between you and our Company or between you and any of our affiliates or Suppliers; and (iv) your Feedback submission may be used and retained indefinitely by our Company and our affiliates and Suppliers, including our and their successors and assigns.

Third-Party Links and Ads

The Service may display links and/or ads for third-party websites, applications, goods or services.  We and our affiliates and Suppliers are not responsible for such third-party sites, applications, goods or services, and the display of links or ads does not constitute or imply endorsement, sponsorship or approval of such third-party sites, applications, goods or services by our Company or any of our affiliates or Suppliers.  Your dealings with third parties that advertise on the Service, including any purchases or other transactions you enter into with them, are solely between you and such third parties.  Moreover, you understand and agree that: (i) your use of third-party sites, applications, goods or services will be governed by the terms and policies of the applicable third-party providers, and not by these Terms of Use; (ii) any claim or dispute arising from your use of third-party websites, applications, goods or services will be solely between you and the applicable third-party providers; and (iii) under no circumstances will our Company or any of our affiliates or Suppliers be liable in any way for any act or omission of the third-party providers, or for any injury, loss or damage that you incur as a result of your use of third-party websites, applications, goods or services.

NO WARRANTIES; LIMITATION OF LIABILITY

THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT.  WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT: (i) THE SERVICE AND ALL CONTENT WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY DEFECT OR ERROR ON THE SERVICE OR IN ANY CONTENT WILL BE CORRECTED; OR (iii) THE SERVICE AND ALL CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OUR COMPANY OR ANY OF OUR AFFILIATES OR SUPPLIERS BE LIABLE TO YOU, WHETHER UNDER A THEORY OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, OR LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THE SERVICE OR ANY CONTENT OR YOUR USE THEREOF, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, DAMAGES OR LIABILITIES, SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

User Release and Indemnity

By using the Service, you agree to release and forever discharge (to the fullest extent permitted by applicable law) our Company and our affiliates and Suppliers, including our and their successors and assigns, from any and all claims, actions, causes of action, liabilities, damages, costs and expenses (including, without limitation, those for bodily injury and emotional distress) arising out of or related to your use of the Service or any Content.

You further agree to indemnify and hold harmless our Company and our affiliates and Suppliers, including our and their successors and assigns, from and against any third-party claim (including all liabilities, damages, losses, costs and expenses associated therewith) arising out of or related to: (i) your use or misuse of the Service or any Content; (ii) your violation of these Terms of Use or any applicable law; and/or (c) your violation of any third party’s rights.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

The U.S. Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration agreement.  This arbitration agreement shall survive termination of these Terms of Use.

1. Except as related to the enforcement of intellectual property rights, and except as expressly otherwise provided below, you and our Company agree to resolve on an individual basis through binding arbitration, all disputes, controversies, claims and causes of action arising out of or related to these Terms of Use or the Service or any Content, whether based in contract, tort, warranty, statute, or any other legal or equitable basis (including, without limitation, any dispute relating to the formation, validity, interpretation, applicability or enforceability of these Terms of Use, the arbitrability of any dispute or claim, and any claim that all or any part of these Terms of Use are void or voidable) (collectively, “Claims” and individually, a “Claim”).

2. Arbitration is more informal than a lawsuit.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages).  BY AGREEING TO ARBITRATE, YOU AND WE BOTH AGREE TO UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT;except that either you or our Company may bring an individual action in a small claims court for a Claim that is within such court's jurisdictional authority.

3. Any arbitration between you and us shall be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this arbitration agreement.  The arbitration shall be conducted by a single, neutral arbitrator, and if you and we cannot agree on the choice of the single arbitrator, the arbitrator shall be appointed pursuant to the JAMS Rules, with the participation and involvement of you and us pursuant to JAMS Rule 12.  The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/.  The Consumer Arbitration Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.

4. In order to commence arbitration, you or we must first send via certified mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the Claim(s) and the specific facts giving rise to the Claim(s), and the relief requested.  Your Notice to us must be sent via certified mail to Vover LLC Attn: Brett Rowe. 3 E Third Ave #228. San Mateo, CA 94401.  We will send any Notice to you at the contact information we have for you.  It is the sender’s responsibility to ensure that the recipient receives the Notice.  During a period of 45 days following our or your receipt of a Notice, you and we will make reasonable efforts to resolve the Claim(s) through informal negotiations, and arbitration cannot commence during such 45-day period.  If we do not resolve the Claim(s) within such 45-day period, then either you or we may initiate arbitration in accordance with the JAMS Rules.

5. The arbitrator must follow these Terms of Use and will have the exclusive authority to resolve issues relating to the formation, validity, interpretation, applicability and enforceability of these Terms of Use (including, without limitation, the arbitrability of a dispute/claim, and any claim that all or any part of these Terms of Use are void or voidable).

6. Any arbitration between you and us must be held either: (i) at a location determined pursuant to the JAMS Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) if the only Claim(s) in the arbitration is/are asserted by you and is/are for less than $10,000 in aggregate, then (at your election) by telephone or by written submission.

7. The arbitrator shall: (i) apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the laws of the United States, irrespective of any conflict of law principles; (ii) entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) honor claims of privilege recognized at law; and (iv) have authority to award any form of legal or equitable relief consistent with applicable laws.

8. The arbitrator shall issue a written award supported by a statement of decision setting forth the arbitrator’s determination of the dispute/claim and the factual findings and legal conclusions relevant to it (an “Award”).  Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.

9. Other than an arbitration initiated by you against our Company that was determined by the arbitrator to be frivolous or have been brought for an improper purpose, we will pay the arbitration filing and arbitrator fees, or reimburse you for the payment of such fees.  If you prevail in the arbitration and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater, and will also pay (or reimburse you for) your reasonable attorneys’ fees and other legal expenses incurred in the arbitration.  We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.

10. You and we both agree to maintain the confidential nature of the arbitration and not to disclose the fact of the arbitration, any documents exchanged as part of any mediation or proceedings of the arbitration, the arbitrator’s decision, or the existence or amount of any Award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or a valid court order.

11. We may modify the provisions of this arbitration agreement, but such modification will only become effective thirty (30) days after we have notified you of such modification by email or by posting a notice of the changes on the Service, and only on a prospective basis for disputes/claims arising after the effective date of such notification.  If any modification to this arbitration agreement is deemed illegal, invalid or unenforceable, then this arbitration agreement without such modification and in effect at the time of your acceptance of these Terms of Use shall govern.

12. CLASS ACTION WAIVER: YOU AND WE BOTH AGREE THAT: (i) ANY CLAIM WILL BE BROUGHT IN ANY FORUM IN AN INDIVIDUAL CAPACITY ONLY, AND WILL NOT BE BROUGHT ON BEHALF OF, OR AS PART OF, ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING; (ii) NEITHER YOU NOR WE WILL SEEK TO HAVE A CLAIM HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PURPORTS TO ACT IN A REPRESENTATIVE CAPACITY; AND (iii) NO ARBITRATION OR OTHER PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION OR PROCEEDING.

If the foregoing class action waiver is found to be illegal or unenforceable as to all or some parts of a Claim, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

Governing Law; Jurisdiction

1. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles.  The United Nations Convention on Contracts for the International Sale of Goods, if applicable, shall not apply to these Terms of Use.

2. Except with respect to Claims to be resolved by binding arbitration in accordance with the arbitration agreement set forth in the preceding section, you and we both agree to submit to the exclusive jurisdiction of the state or federal courts located in Los Angeles, California, U.S.A. to resolve any Claim arising out of or related to these Terms of Use or the Service or any Content.

Time Limit on Filing of Claims

YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SERVICE OR ANY CONTENT, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR BE FOREVER BARRED.

Miscellaneous

These Terms of Use, together with the other legal notices referenced herein, constitute the entire agreement between you and us concerning the use of the Service and Content.  If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect.  No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  Any provision of these Terms of Use that by its nature survives the termination of these Terms of Use shall survive such termination.