WELCOME TO STATMUSE!
PLEASE READ THESE TERMS OF SERVICE (THE "TERMS") CAREFULLY. BY ACCESSING ANY PAGE OF THE STATMUSE WEBSITE OR MOBILE APPLICATION (TOGETHER, THE "SITE") OR USING ANY STATMUSE SERVICE (COLLECTIVELY, THE "SERVICE"), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER PROVISIONS INCORPORATED BY REFERENCE (THE "AGREEMENT").
1.1 Your Personal Use. You may use the StatMuse Service for your personal enjoyment and information. Subject to Your compliance with these Terms, StatMuse grants You: (i) a limited, non-assignable, revocable right to access and use the Service for Your non-commercial informational and research use, and (ii) a limited, non-exclusive, revocable, non-sublicensable license to download and share StatMuse Content, including linking to, sharing and embedding StatMuse Content as may be available and allowed by the Service. "StatMuse Content" includes all content, results, data, text, charts, graphics, animation, commentary, derived insights and other information and content created and made available by StatMuse. Except as expressly granted above, nothing in these Terms will be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise.
If you wish to use the Service or StatMuse Content for commercial purposes, please contact StatMuse at firstname.lastname@example.org.
1.2 Uses That Are Not Allowed. You are not permitted to: (i) use the Service or StatMuse Content except as expressly permitted by these Terms; (ii) reproduce, duplicate, copy, sell, resell, lease, distribute, perform, display, modify or make derivative uses of the Service, in whole or in part; (iii) reproduce, duplicate, copy, sell, resell, lease, distribute, perform, display, modify or make derivative uses of StatMuse Content, in whole or in part, except as expressly allowed by these Terms; (iv) use any manual or automated data mining, scraping, crawling, spiders, robots or similar data gathering or extraction methods on any webpage, screen or other content contained in, generated by or relating to the Service; (v) introduce or transmit any worms, viruses, malware or any code of a destructive nature onto or via the Service; or (vi) conduct any activity using the Service or StatMuse Content that is illegal or in violation of any applicable laws and regulations, including, without limitation, all national, state, local and other laws and regulations relating to copyright, privacy, gaming and spamming.
1.4. Your Content. The Service allows You to input search queries and questions, submit comments and headlines, and post other content ("Your Content"). You may not submit or post any content that: (i) is threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourages conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringes the intellectual property, privacy, or other rights of any third parties; (iv) contains a computer virus or other destructive element; (v) contains advertising; or (vi) constitutes or contains false or misleading statements. StatMuse in its sole discretion may refuse to post and remove any of Your Content from the Site, in whole or in part, for any reason.
1.5. Changes to Service and Terms. StatMuse may at any time to modify, enhance or discontinue, temporarily or permanently, the Service (or any part thereof). Your use of any new Service features and resources are subject to these Terms. StatMuse reserves the right to change or modify these Terms from time to time. Any change or modification will be effective upon posting on this Site. You are advised to review these Terms periodically to ensure compliance with the most recent terms. Your continued use of the Service following the posting of any change or modification of the Terms will constitute Your acceptance of such change or modification. If You do not agree to any modified or revised Terms, You must stop accessing and using the Service.
1.6. Indemnity. You will indemnify, defend and hold StatMuse harmless from and against any claim, demand, suit or proceeding made or brought against StatMuse by a third party arising out of (i) Your use of the Service or StatMuse Content in violation of these Terms of Service, and (ii) any claim that Your unauthorized use of the Service or StatMuse Content, or any of Your Content, infringes or misappropriates the intellectual property or proprietary rights of a third party or violates any law, rule or regulation. You will indemnify StatMuse from and against any related damages, losses, liabilities, expenses, attorney fees and costs.
2.1. Third Party Content. You understand that the Service gathers, organizes and presents information based on available information and data provided by third parties or contributed by Site users (together, "Third Party Content"). StatMuse does not pre-screen Third Party Content that may be presented or available through the Service. StatMuse has the right in its sole discretion to limit, restrict or remove any Third Party Content from the Service. StatMuse makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of any Third Party Content. StatMuse does not represent or warrant the accuracy of any Third Party Content, undertakes no responsibility to update or review any Third Party Content, and makes no guarantee as to the accuracy, timeliness or completeness of any Third Party Content. Providing Third Party Content or attribution to the source of any Third Party Content does not imply affiliation, endorsement or adoption by StatMuse of the Third Party Content or Third Party Content provider. In the event that a Third Party Content provider requires StatMuse to remove or discontinue use of any Third Party Content, StatMuse may in turn direct You to cease using such Third Party Content and expunge it from Your system. You agree to comply promptly with any such direction.
2.2. Third Party Apps. Third party applications or services ("Third Party Apps") may be available through the Service or to connect with the Service. StatMuse does not warrant, and is not responsible for the legality, quality, accuracy, integrity, fitness, reliability, or availability of any Third Party Apps that You may use through the Service or to connect with the Service. Your agreement to use such Third Party Apps will be solely between You and such Third Party App provider. If You install or enable Third Party Apps for use with the Service, or to access the Service from the Third Party Apps, You acknowledge and agree that: (i) StatMuse may access and use Your data and basic account information from such Third Party Apps; (ii) You are solely responsible for ensuring that You understand and abide by the rights and obligations with any Third Party App provider; and (iii) StatMuse will not be responsible for any disclosure, modification or deletion of Your data by a Third Party App provider. If You do not want to permit the exchange of Your data or account information, or Your Content, with Third Party Apps, You should not enable or should disable such Third Party Apps for use with the Service.
2.3. Third Party Sites. The Service may provide links to third-party websites ("Third Party Sites") where You may obtain Third Party Content. StatMuse does not monitor or have any control over any Third Party Sites. StatMuse makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of any Third Party Sites, or Third Party Sites linking to the Service. StatMuse provides links to Third Party Sites to You only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by StatMuse of any Third Party Site or any information contained therein. When You leave this Site, You understand that StatMuse's Terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which You navigate.
2.4. Indemnity. You will indemnify, defend and hold StatMuse harmless from and against any claim, demand, suit or proceeding made or brought against StatMuse by a third party arising out of (i) Your use of Third Party Content, Third Party Apps including data from such Third Party Apps, and Third Party Sites, and (ii) any claim that Your use of Third Party Content, Third Party Apps including data from such Third Party Apps, and Third Party Sites, infringes or misappropriates the intellectual property or proprietary rights of another party or violates any law, rule or regulation. You will indemnify StatMuse from and against any related damages, losses, liabilities, expenses, attorney fees and costs.
3.1. StatMuse Content. The Service and StatMuse Content, including, without limitation, any and all logos, designs, text, graphics, pictures, animation, information, data, software, algorithms, sound files, other files, any selection and arrangement of any of the foregoing and anything else provided by the Service are the proprietary property of StatMuse or its licensors and are protected by U.S. and international intellectual property laws. The copyrights of the look and feel of the Service and StatMuse Content are the sole and exclusive property of StatMuse. You may not duplicate, copy, distribute or reuse any portion of the HTML/CSS code or visual design elements of the Service or StatMuse Content without the prior written consent of StatMuse, except as expressly permitted by these Terms. Third Party Content is the property of its respective owners or their licensors.
3.2. Brand Features. The StatMuse name, logos, slogans, look and feel of the Service (including all page headers, custom graphics, button icons and scripts), and other brand features are the trademarks, service marks and/or trade dress of StatMuse (collectively, "StatMuse Brand Features"). Without the prior written permission from StatMuse, You may not: (i) copy, imitate or use, in whole or in part, any StatMuse Brand Feature; or (ii) use any metatags or any other "hidden text" utilizing "StatMuse" or any other name, trademark or product or service name of StatMuse. To the extent that You are allowed by the Service to copy, share and embed certain StatMuse Content containing StatMuse Brand Features, You are allowed to do so provided You do not remove or obfuscate any such included StatMuse Brand Features. All other trademarks, product names and company names or logos mentioned by or appearing in the Service are the property of their respective owners. Reference in the Service to any third party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by StatMuse.
3.3. Your Content. When You upload, summit or send Your Content to or through the Service, directly or via any Third Party App, You hereby grant StatMuse a worldwide, perpetual, irrevocable, royalty-free license to use, host, store, reproduce, modify, create derivative works, publish, publicly perform, publicly display, repost and distribute Your Content in order to provide the Service to You and others, and for all other StatMuse business purposes, including improving the Service, sharing Your Content with third parties, and developing new services and products. If You do not want to grant StatMuse such a license to Your Content, You should not use the Service to upload, summit or sent Your Content.
3.4. Copyright Policy. In accordance with the United States Digital Millennium Copyright Act, if You or anyone else ("Notice Giver") accessing or using the Service believes that any material on the Service violates Notice Giver's intellectual property rights, Notice Giver should promptly send a written notice to StatMuse's Copyright Agent (identified below) containing the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit StatMuse to locate the material; (iv) the Notice Giver's contact information, including address, telephone number, and an email address; (v) a statement that the Notice Giver has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that Notice Giver is authorized to act on behalf of the copyright owner.
StatMuse Copyright Agent: email@example.com
4.1. Your Representation. You represent that you are over the age of 18 and have the legal authority to enter into this Agreement and to abide by these Terms.
4.2. As-Is Service. YOU UNDERSTAND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. StatMuse does not represent or warrant that: (i) the Service will meet Your specific requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate, timely or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your expectations; or (v) any errors in the Service will be corrected. StatMuse makes no representations or warranties of any kind with respect to any Third Party Content, Third Party Apps or Third Party Sites.
4.3. Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, STATMUSE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
4.4. Limitation of Liability. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT STATMUSE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF STATMUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT STATMUSE WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES. THE ABOVE LIMITATIONS WILL APPLY TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL STATMUSE BE LIABLE TO YOU FOR ANY DIRECT DAMAGES IN AN AMOUNT GREATER THAN ANY FEE YOU PAID TO STATMUSE FOR ONE (1) MONTH OF SERVICE.
5.1 Termination. StatMuse may terminate Your account and access/use of the Service immediately if You breach any provision of these Terms. StatMuse, in its sole discretion, also has the right to suspend or terminate Your account and refuse any and all current or future use of the Service, or any other StatMuse service, for any reason at any time. Such termination for convenience of the Service will result in the deactivation, deletion or denial of access to Your account. StatMuse reserves the right to refuse to provide the Service to anyone for any reason at any time.
5.2. Effect of Termination. Upon any termination or cancellation of Your account, You will promptly (i) cease using the Service; and (ii) cease using and will expunge any StatMuse Content and Third Party Content on Your systems obtained from the Service as may be required by StatMuse. Upon request by StatMuse, You will certify in writing that You have complied with Section 5.2(ii).
5.3. Survival. The rights and obligations of the parties contained in Sections 1.6, 2.4, 3, 4, 5.2, 5.3 and 6 will survive the termination or cancellation of Your account and access to the Service under these Terms.
6.1. No Assignment. You may not assign its rights and obligations under these Terms, in whole or in part, by operation of law or otherwise, without StatMuse's express prior written consent. Any attempt to assign this Agreement, without such consent, will be null and of no effect. StatMuse may assign this Agreement provided any assignee fulfills the StatMuse obligations set forth in these Terms.
6.2. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California excluding conflict of laws principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Francisco County, California, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
6.3. Severability, Waiver. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies hereunder will be without prejudice to its other remedies under these Terms. The failure by either party to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision.
6.4. Notices. All notices required or permitted under these Terms of Service will be in writing and delivered by courier or overnight delivery services, by electronic mail, or by certified mail, and in each instance will be deemed given upon receipt. All communications will be sent to the addresses on file related to Your account or to such other address as may be specified by either party to the other. Either party may change its address for notices under this agreement by giving written notice to the other party.
6.5. Force Majeure. StatMuse is not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, terrorism, riot, acts of God or governmental action.
6.6. Export Control. You agree to comply fully with all applicable export laws and regulations of the United States ("Export Laws") to ensure that the Service or any data or information from the Service is: (i) exported or re-exported directly or indirectly in violation of Export Laws; or (ii) used for any purposes prohibited by the Export Laws.
6.7. Relationship. These Terms do not establish any relationship between the parties of partnership, joint venture, employment, franchise, or agency. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent.
6.8. Entire Agreement. These Terms, together with any other StatMuse terms, conditions and policies, constitute the complete and exclusive understanding and agreement between You and StatMuse and supersedes all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by duly authorized representatives of both parties.
StatMuse Terms of Service, effective October 7, 2015