Welcome to Statwack.com, the official website of Statwack, an Internet and app-based statistics (“stats”) tracking service owned and operated by CopperSite, LLC, a Limited Liability Company incorporated in the State of Wisconsin. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service, defined as both our website and our mobile application (“App,” “application,” “app.”) Throughout this document, the words “Statwack,” “CopperSite, LLC,” “us,” “we,” and “our,” refer to us, CopperSite, LLC, our website, Statwack.com, or our app, Statwack, as is appropriate in the context of the use of the words. Likewise, the words “you,” “user,” and “your” refer to you, the person who is being presented with this document for your agreement.
2. Description of Service
The site allows Users to create online profiles (“online trading cards”) for sports, activities, hobbies, or anything else for which a User wishes to track stats. Users can use one of our stat templates or create their own.
A number of other features are offered, such as schedule notification, media sharing, becoming fans of other Users, and other features that we may decide—but are not obligated—to incorporate.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“App” means the stats tracking application for mobile devices that we may make available through our Site or a third party app store or site, offering similar features to those available on our Site;
“Service” refers to the services that we provide through our Site, as well as our App;
“Site” refers to our website, www.statwack.com
“Stat” or “stats” means statistics;
“Statwack” refers to our company (CopperSite, LLC), our Site, or our Service, depending on the context of the usage;
“User” refers to you, those who use our Services, and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with CopperSite, LLC.
4. Information Supplied
When you sign up for our Service, you will be asked for certain information including your name, e-mail address, city, state, country, date of birth, and Facebook profile information. We also collect your IP address. We require this information in order to assign a unique account to you, as well as determine whether you are legally permitted to use our Service.
As we are located in the United States, the Children’s Online Privacy Protection Act applies to us, meaning that if you are under thirteen years of age, you are not permitted to use our Service, regardless of whether you live in the United States or elsewhere.
If you live outside of the United States, you must not only be at least thirteen years of age to use our Service, but you must meet any higher minimum age for providing us with your information that may exist in your jurisdiction, if applicable. Even if such ages are merely governmental guidelines, such as recommended practices rather than laws, you must follow them. For example, if you reside in the United Kingdom, your government recommends that businesses voluntarily impose a minimum sixteen year age requirement in order to sign up to online services without parental consent.
Therefore, in order to use our Service, a United Kingdom who is fifteen years old must a) Be at least thirteen years of age in compliance with the U.S. Children’s Online Privacy Protection Act and; b) Obtain parental consent to provide us with information, in accordance with the British government’s voluntary guidelines regarding the collection of information about minors.
Because our Service is free, we offer our Service on an as-is basis, without any warranty or other statements as to the effectiveness, reliability, or other performance of our Service. Our Service that we make available may not function as desired. For example, glitches or intentional attacks on our servers, or business decisions, may result in the loss of your stats or other data, or inaccuracy of your stats or other data. Additionally, although we permit you to schedule events through our Service, technical difficulties may interfere with the proper operation of our scheduling feature. Therefore, we disclaim all liability for, and you release us from all liability for, any loss which may occur resulting from the unavailability, inaccuracy, or improper functioning of our Site, Service, or other App-related services, including but not limited to issues relating to stats and scheduling.
6. Modification of App
We reserve the right to alter, update, or remove our App from your system at any time, or demand that you do so. We may conduct such modifications to our App for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the App for security, legal, or other purposes.
7. Extent of License
We make an App available for downloading on our Site or elsewhere, such as a third party store dedicated to the promotion and sale of apps. You are given the right to download one copy of the App at the price listed, if any.
Once you have downloaded the App your rights are limited to your personal use. This means you cannot sell our App anywhere else, share your license to use our App with anyone else, reverse engineer or otherwise attempt to copy our App, or try and make money off of it without our express written permission. Even if we offer our App for free, you must still abide by these provisions and not copy or otherwise use our App in a manner prohibited by this section. You obtain no ownership rights when you purchase and download our App, but are instead buying (or, in the case of a free download, being given) a license to install and use the App within the confines of this Agreement.
8. Rules of Conduct
Because our Site and Service is based on User-generated content, we do have some rules governing what you may or may not do. When using our Site or Service, you agree that you will not:
- Violate any provision of law applicable in the State of Wisconsin or anywhere else in the United States.
- Violate any applicable legislation, treaty, or other rule in force of the United States or any other political entity having jurisdiction over this Agreement, You, CopperSite, LLC, or the Service or Site that we provide.
- Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Site, Service, or Users.
- Post fake stats for a fraudulent, defamatory, or otherwise improper purpose (what is “improper” is at Statwack’s sole discretion to decide). Please note that fake stats for the purpose of humor is not generally considered by Statwack to be an improper purpose.
- Run any bots or other software to aggregate or browse our content.
- Infringe on anyone’s intellectual property rights.
- Defame anyone.
- Post anything violent, pornographic, hateful, racist, or otherwise objectionable. What is objectionable shall be the right of CopperSite, LLC to determine.
- Use our Service for fraud.
- Post any spam or other unauthorized commercial advertisements to our Site.
- Otherwise act in a manner which, at CopperSite, LLC’s sole discretion, is objectionable.
9. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site, or our Site itself, or our App, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing the stats published by our Users, even if such stats would otherwise be in the public domain and permissible for you to reproduce. Such copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data, but can also negatively impact our network capacity. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding you beyond the applicable intellectual property laws.
10. Your Copyright
We permit you to upload and link to your own content or other information, such as stats, photos, videos, and other information, on our Site or through our Service. However, we cannot permit you to upload content to us unless we know for sure that we can use that content without having to search for and delete it at a later date due to a legal request. Therefore, whenever submitting content to us, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content.
“Statwack” and “CopperSite” are trademarks used by us, CopperSite, LLC, to uniquely identify our Site, Service, App, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
We may offer Users the ability to purchase merchandise through one or more third party partners, such as clothing, mugs, books, and other items containing User-generated media like statistics, photographs, and so on.
Please understand that we have no direct control over third party partners, and any payment issues, privacy issues, or intellectual property disputes should be resolved directly with them. You agree that any dispute arising from or relating to the purchase of merchandise from a third party shall not name CopperSite, LLC or its officers, employees, shareholders, managers, directors, or agents as a defendant, even if we might otherwise be liable towards you in such a dispute.
We may offer you the ability to share content to and from Facebook. For example, you may share, through Statwack, photographs or videos originally posted on Facebook. Likewise, you may share, through Facebook, stats originally posted on Statwack.
You acknowledge and agree that we engage in such sharing and may do so, and you further acknowledge and agree that we have no control over how Facebook may use information provided to it.
You agree that to the extent any dispute involves both Statwack and Facebook as potential defendants, you will bring the case solely in accordance with this Agreement’s Choice of Law and Forum of Dispute provisions or, where a prior agreement with Facebook prevents you from abiding by those provisions, you will release us from any liability that we might otherwise have had and not name us as a defendant.
14. Revocation of Consent
Where CopperSite, LLC has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use, even if it would cause an economic loss or other harm to you. Therefore, we do not recommend using our trademark or our copyrighted materials, even when authorized, unless done in a manner which would not cause hardship to you if you were required to cease using the materials.
15. DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability for the actions of third parties posting to our Site or Service under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Copyright Agent
N22W28282 Beach Park Circle
Pewaukee, WI 53072
If sending the notification by e-mail, an electronic signature is acceptable.
Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.
16. Communications Decency Act
Our Rules of Conduct prohibit Users from using our Site or Service to post defamatory content. If you become aware of a defamatory posting, please contact us at email@example.com with full details and, if we wish to do so, we may decide to remove it.
However, please be aware that Section 230 of the Communications Decency Act grants us an absolute shield of immunity for any defamatory material published to our Site by our Users. Therefore, should we fail to take action over any alleged defamation by a third party, you should not attempt to sue us for it or we may seek to have the lawsuit dismissed and, if applicable, recover all of our attorneys’ fees and other legal costs from you.
Additionally, the SPEECH Act 2010 prohibits United States courts from enforcing judgments from other countries which would not be obtainable here. Therefore, you should not attempt to sue us for third party defamation in a foreign jurisdiction to circumvent the Communications Decency Act, as we will object to its domestication in the United States and, if possible, seek an order requiring you to reimburse us for our legal costs in doing so.
Please be advised that we make no assurances that stats will be free from glitches or other errors which may portray you in a way other than that which is factual (for example, stats about your grades or sports scores may have errors due to some technical or other error by Statwack). Therefore, you agree that we are not liable for any defamation for which we might otherwise be liable in such circumstances. This paragraph should not be considered a restriction on any other waiver of or limitation on our liability contained in this Agreement or elsewhere.
17. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS OR INFORMATION MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY INACCURACY OF STATS OR FAILURE OF ANY GOODS OR SERVICES THAT MAY BE ADVERTISED THROUGH OUR SERVICE.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE OR APP WHICH PREVENT ACCESS TO OUR SITE OR APP TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your legitimate use of our Site or Service, or by your breach of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
19. Choice of Law
This Agreement shall be governed by the laws in force in the State of Wisconsin. The offer and acceptance of this contract is deemed to have occurred in the State of Wisconsin.
20. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Wisconsin.
Specifically, and in order to keep proceedings simple, you agree that, where the subject matter of a dispute where you are the plaintiff is within the jurisdiction of the Small Claims Court of the Wisconsin Court System (“Small Claims Court”), you will bring the dispute solely within the Small Claims Court, and, where applicable, decline to claim any damages or other remedies, such as equitable relief, which might fall outside of the monetary jurisdiction or other jurisdiction of the Small Claims Court.
At the time of the writing of this Agreement, cases for breaches of contract must be for no more than $10,000 in the Small Claims Court, and cases for other torts and personal injury must be for no more than $5,000 in the Small Claims Court. In other words, as an example, if you believed that CopperSite, LLC had committed some tort or torts against you, and we would otherwise be liable for $5,010 in damages to you, you agree that you would only sue us for $5,000 within the Small Claims Court and waive your right to recover the remaining $10.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that in the event of a dispute arising from or relating to this Agreement or our provision of services to you, the unsuccessful party will be responsible for reimbursing the successful party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
21. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, CopperSite, LLC shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
24. Termination & Cancellation
We may terminate your account or our provision of our Service to you, or cancel your order at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you will be limited to the amount you paid directly to us, except in cases where the termination or cancellation was due to your breach of this Agreement, including, but not limited to infringement of our Rules of Conduct or intellectual property rights, in which case you agree that we are not required to provide any refund or other compensation whatsoever. Note that the liability for refunding is restricted to what you paid “directly to us.” That means that we are not liable for refunding any purchases made to third parties, such as merchandise offered through a third party merchandise agreement, under any circumstances.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. For example, we may be required to assign our rights to a third party in the event of a merger or acquisition relating to CopperSite, LLC, or the sale of the rights to the Statwack Service and related services to a third party.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You must visit this page each time you come to our Site and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement. You must agree to the amendments as a condition of your continued use of our Site and Service. If you do not agree, you must immediately cease using our Site and Service and notify us of your refusal to agree by e-mailing us at firstname.lastname@example.org.
27. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Statwack.com must be addressed to our agent for notice and sent via certified mail to: Christopher Lieber, N22W28282 Beach Park Circle, Pewaukee, Wisconsin, 53072, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified July 16, 2012