Terms and Conditions
Lawyer-reviewed contracts to ensure protection on all ends.
Effective Date: 12/27/2024
Welcome to OpenField ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, platform, services, and any related content (collectively, the "Services"). By accessing or using our Services, you agree to these Terms. If you do not agree, please discontinue use of our Services immediately.
1. Acceptance of Terms
By using our Services, you affirm that you are at least 18 years of age or have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind the organization to these Terms.
2. Changes to Terms
We may update these Terms at any time. Changes will be effective upon posting to our website. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms. We recommend reviewing these Terms periodically.
3. Description of Services
OpenField connects athletes, businesses, and sports programs to facilitate Name, Image, and Likeness (NIL) opportunities. Our platform offers tools to showcase athletic profiles, statistics, and more. We do not guarantee any specific outcomes or NIL deals.
4. User Accounts
a. Account Creation
Users must create an account to access certain features of the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
b. Eligibility
Accounts are limited to individuals or entities with legal capacity to enter contracts.
c. Termination
We reserve the right to suspend or terminate accounts at our discretion, especially for violations of these Terms.
5. User Content
a. License to Use
By uploading or submitting content (e.g., stats, biographies, or videos) to our platform, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute your content for the purposes of providing the Services.
b. Prohibited Content
Users may not upload content that is illegal, offensive, defamatory, or violates intellectual property rights. We reserve the right to remove such content.
6. Payments and Fees
a. Payment Terms
If you engage in paid services, you agree to provide accurate payment information. Fees are non-refundable unless otherwise specified.
b. Subscriptions
Subscription plans, if offered, are billed on a recurring basis as specified during sign-up. You are responsible for managing your subscription, including cancellations or upgrades. Failure to cancel before the next billing cycle will result in charges for the subsequent period.
c. Payouts
For NIL deals or other transactions facilitated through our platform, payouts to athletes or users will be processed through the payment method provided during onboarding. Processing times may vary, and OpenField is not liable for delays caused by third-party payment processors.
d. Taxes
You are responsible for any applicable taxes resulting from your use of the Services. OpenField may withhold taxes where required by law.
7. Privacy Policy
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information.
8. Intellectual Property
All intellectual property related to the Services, including logos, trademarks, and platform features, remains the exclusive property of OpenField. You may not copy, modify, or distribute our intellectual property without prior written consent.
9. Disclaimers and Limitation of Liability
a. No Guarantees
We provide the Services "as is" and "as available." We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. Limitation of Liability
To the fullest extent permitted by law, OpenField is not liable for any indirect, incidental, or consequential damages, including loss of profits or data, arising from your use of the Services.
c. Exceptions
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or other liabilities that cannot be excluded under applicable law.
10. Indemnification
You agree to indemnify, defend, and hold harmless OpenField, its affiliates, officers, and employees from any claims, damages, or expenses arising out of your use of the Services or violation of these Terms.
11. Governing Law
These Terms are governed by the laws of the state of [Insert State], without regard to its conflict of laws principles.
12. Arbitration
a. Agreement to Arbitrate
You agree to resolve disputes through binding arbitration rather than in court, except for small claims and equitable relief.
b. Arbitration Procedures
Arbitration will be conducted by [Insert Arbitration Organization] under its rules. The decision of the arbitrator will be final and binding on all parties.
13. Termination
We may suspend or terminate your access to the Services at any time without notice for violation of these Terms or for any other reason. Upon termination, your rights to use the Services will cease. Termination does not affect any rights or obligations accrued before the termination date.
14. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and OpenField concerning the Services. Any prior agreements are superseded.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
16. Force Majeure
We are not responsible for any delay or failure to perform due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, or internet failures.
17. Refund Policy
Refunds, if applicable, are provided at our sole discretion and subject to the terms outlined during the purchase process. Subscription fees are generally non-refundable once billed.
18. Contact Information
If you have questions about these Terms, please contact us:
Email: Info@openfieldus.com