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Terms of service

BallerTV Terms of Use

Welcome, and thank you for your interest in Baller, Inc. ("BallerTV", "we", "us" or "our") and our website at https://www.ballertv.com (the "Site"), as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), hardware devices (including BallerCam devices, which includes the BallerCam device containing lens, cooling system, and external battery, mounting accessories, and any other BallerCam-branded hardware), and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the Site, our "Service"). These Terms of Use (these "Terms") are a legally binding contract between you and BallerTV and apply to your access to and use of the Service.

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING "I ACCEPT", OR "SIGN UP", OR "GO PREMIUM", OR SIMILAR BUTTON WHERE THESE TERMS ARE PRESENTED TO YOU, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, AND THAT YOU HAVE READ AND THAT YOU UNDERSTAND THE BALLERTV Privacy Policy. If you are not eligible to use the Service as provided for in Section 2 (Eligibility), below, or you do not agree to these Terms, then you do not have our permission to use the Service and you must immediately stop using the Service.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SERVICE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP, ORGANIZATION, EDUCATIONAL INSTITUTION, OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN "ORGANIZATION"), THEN YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS. References to "you" and "your" in these Terms will refer to both the individual using the Service and to any such Organization.

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST BALLERTV. THEY AFFECT YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTIONS BELOW. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED IN THOSE SECTIONS. PLEASE READ THEM CAREFULLY.

  1. Service Overview. The Service provides an online platform for users to access, view, stream, and upload live or pre-recorded sporting events, and includes hardware devices that facilitate the recording and streaming of sporting events.
  2. Eligibility. You must be at least 13 years of age to use the Service. By accessing the Site and using the Service, you affirm that: (a) you are of legal age to enter into these Terms, or if you are not, that you have obtained parental or guardian consent to use the Service and enter into these Terms; (b) you have not previously been suspended or removed from accessing or using the Service; (c) you are not a convicted sex offender; and (d) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. The Service is intended for users located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited. You affirm that you are otherwise fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Your access may be terminated without warning if we believe that you are under the legal age to enter into these Terms and use the Service or are otherwise ineligible to enter into these Terms or use the Service.
  1. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your role (e.g., parent, grandparent, relative/friend, player/athlete, coach/scout, etc.), email address, and other contact or login information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register for an account, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at https://support.baller.tv. We may reject, or require that you change, any e-mail address, username, password, or other information that you provide to us in registering for an account. We have the right to disable any account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. You may not share an account or, if applicable, your access to a Subscription Service, with any other individual. You may not share any login credentials or passwords regarding the foregoing with any other individual. You acknowledge that sharing of any such rights is strictly prohibited.
  2. General Fees and Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and refunds for purchases are subject to BallerTV's applicable refund policies as described below. For hardware purchases, please refer to our Terms of Sale and Warranty Policy for specific terms governing those transactions.

    a. Price. BallerTV reserves the right to determine pricing for the Service. BallerTV will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. BallerTV may change the fees and applicable taxes for any feature of the Service, such as access to live broadcasts and access to stored User Content, including additional fees or charges, to the extent permitted by applicable law. BallerTV, at its sole discretion, may make promotional offers with different features and different pricing to any of BallerTV's customers. These promotional offers, unless made directly to you, will not apply to your offer or these Terms. If BallerTV changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.

    b. Authorization. For features of the Service that are provided for a fee, you may be asked to supply certain relevant information, such as payment information. You authorize BallerTV to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by BallerTV, at the prices in effect when such charges are incurred, including any applicable taxes and any other fees for additional services you may purchase, to the payment method specified in your account. If you pay any fees with a credit card, BallerTV may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD, BANK ACCOUNT, OR OTHER PAYMENT METHOD THAT YOU SUBMIT IN CONNECTION WITH ANY TRANSACTION RELATING TO THE SERVICE.

    c. Auto-Renewing Subscription Service; Cancellation. The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you sign up for a Subscription Service, you authorize BallerTV to periodically charge, on a going-forward, automatically recurring basis and until cancellation of either the recurring payments or your account, all accrued sums on or after the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. The fee applicable to any Subscription Service shall be as set forth on the webpage or app screen used to purchase the subscription, when you are logged in to your BallerTV account "Subscription Fee." Your account will be charged all applicable fees and taxes for the next subscription period automatically on the relevant (i.e., monthly or annual) anniversary of the Subscription Billing Date. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee and any applicable taxes to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service in your account as described at https://bit.ly/2MA8sTG. Any cancellation of your subscription shall be effective upon the end of the then current subscription period. You may continue to redeem digital goods that may have been offered in conjunction with the Subscription Service only through the end of the then current subscription period. Thereafter, you will be required to pay full retail price for such digital goods. Cancellation of the service does not entitle you to a prorated or partial refund of any kind.

    d. Subscription Fee Changes. Except as otherwise set forth herein, we reserve the right to change Subscription Fee for any of our subscriptions at any time. If the regular fee for your subscription increases from the Subscription Fee stated at the time of your initial order, we will notify you before applying the change to your subscription or charging you in connection with an automatic renewal. You will have an opportunity to cancel your subscription at that time. If you do not cancel your subscription, you will be charged the new subscription fee at your next Billing Period.

    e. Refunds, Returns & Exchanges. For Subscription Services, BallerTV does not issue refunds once the order is received and a video included in the subscription has been viewed in part or in whole (i.e., the subscription is considered used). For digital goods, including but not limited to video recordings, live video, still images, audio recordings and customized video products such as highlight reels and player clips, all purchases become final, and no refunds will be issued, once access is granted to the digital good. For hardware purchases, please refer to our Terms of Sale and Warranty Policy. In the event you receive a refund, whether in part or in whole, BallerTV may, in its sole discretion (a) allow you to continue accessing the Service after the refund for a certain period of time only and (b) limit or remove your access to digital goods that were offered in conjunction with the Subscription Service, and you will be required to pay full retail price for such digital goods.

    f. Delinquent Accounts. BallerTV may suspend or terminate access to the Service for any account for which any amount is due but unpaid.

    g. Mobile Devices and Data Charges. PLEASE BE AWARE THAT YOUR CELLULAR CARRIER MAY CHARGE FEES IN CONNECTION WITH YOUR USE OF THE SERVICE. You are responsible for any mobile charges that you may incur in connection with using our Service, including data charges. If you are not sure what those charges may be, you should ask your service provider before using the Service.
  3. Access and Use Rights

     a. Right to Access and Use; Limited Software License. Subject to your complete and ongoing compliance with these Terms, BallerTV grants you, solely for your personal, non-commercial use, a right to access and use the Service during the Term or, with respect to any Subscription Service, during the applicable subscription period. To the extent that access to or use of any portion of the Service requires or allows for you to download, use, or install BallerTV software, including any BallerTV mobile application associated with the Service ("Software"), BallerTV grants you, solely for your personal, non-commercial use, during the Term or, with respect to any Subscription Service, during the applicable subscription period, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one object code copy of any such Software obtained from a legitimate marketplace on a mobile or other computer device that you own or control.

    b. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

    c. Feedback. If you choose to provide any input, suggestions, or other feedback regarding problems with or proposed modifications, enhancements, or improvements to the Service (collectively, "Feedback"), then you hereby grant BallerTV a, perpetual, irrevocable, non-exclusive, fully-paid-up, royalty-free, transferable, sublicensable (through multiple tiers of sublicensees), worldwide right and license to use and exploit the Feedback in any manner and for any purpose whatsoever, including to improve the Service and create other products and services.

    d. Hardware Safety. If you use BallerTV hardware devices, you must comply with all safety instructions, warnings, and guidelines provided in the Important Safety Information document and user manuals available at www.ballercam.com/pages/safety. You acknowledge that failure to follow safety instructions may result in property damage, personal injury, or death, and that you use such hardware at your own risk.
  4. Ownership; Proprietary Rights. The Service is owned and operated by BallerTV or its third-party licensors and suppliers. The visual interfaces, graphics, design, compilation, information, data, Software and other software and computer code (including source code or object code), text, broadcasts, streams, images, videos, audio recordings, music, audiovisual combinations, products, services, downloadable content (whether or not downloaded by you), hardware devices, and all other elements of the Service (collectively, the "Materials") are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in, or made available on or in connection with, the Service are the property of BallerTV or our third-party licensors and suppliers provided, that, User Content (as defined below) is not part of the Materials. Any Materials made available to you via the Service may be accessed for your internal, personal, non-commercial use only, and are subject to all other terms and conditions of these Terms. Unless expressly authorized by BallerTV, you may not reproduce, distribute, modify, publicly perform, use in connection with any commercial purpose, or make any other use of, or otherwise exploit, the Materials. BallerTV reserves all rights to the Materials not granted expressly in these Terms.
  5. Downloadable Materials. You acknowledge and agree that, in addition to all other applicable terms and conditions herein, if BallerTV permits you, through features made available to you on the Service, to download any Materials, you will: (a) comply with all limitations and restrictions on those features and the use of those Materials, including limits on the number of downloads you can make; and (b) use those Materials (i) solely for your own personal and internal purposes and use, and not in connection with any commercial purpose, and (ii) only as expressly permitted by these Terms or otherwise by BallerTV in writing. UPLOADING OR OTHERWISE TRANSFERRING MATERIALS ACQUIRED FROM BALLERTV TO OTHER COMPANIES, WEBSITES, APPS, AND/OR SERVICES THAT SEEK TO COMMERCIALIZE ANY OF THE MATERIALS IS STRICTLY PROHIBITED AND IS A VIOLATION OF THESE TERMS.
  6. Commercial License Exception. An exception for commercial use of downloadable Materials is made in the event that the user receives express, specific written consent from BallerTV. For more information on commercialized licenses, please contact BallerTV Support.
  7. Personal Safety. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. YOU ARE STRONGLY ENCOURAGED TO USE EXTREME CAUTION WHEN SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OR ARRANGING TO MEET OTHER USERS IN PERSON. BALLERTV DOES NOT PERFORM CRIMINAL BACKGROUND CHECKS ON ITS USERS NOR CAN IT VERIFY THE TRUTH OR ACCURACY OF USERS' PROFILES ON THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET IN PERSON.
  8. User Content

     a. User Content Generally. Certain features of the Service may permit users to upload, broadcast, post, or otherwise submit content, including data, information, messages, chat feed comments, photos, music, video, audiovisual combinations, video streams, images, text, audio, and any other types of works (collectively, "User Content") and to publish User Content on the Service. Except as otherwise provided in these Terms, you retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.

    b. License Grant to BallerTV. By uploading, broadcasting, posting, publishing, submitting, or otherwise making available User Content, you hereby grant BallerTV a perpetual, irrevocable, non-exclusive, fully-paid-up, royalty-free, transferable, worldwide right and license (with the right to sublicense through multiple tiers of sublicensees) to host, store, stream, transfer, transmit, display, perform, reproduce, modify, prepare derivative works of, distribute, and otherwise use and exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) including for BallerTV's commercial purposes. Any such use of your User Content by BallerTV will be without any compensation paid to you. In connection with exercise of the rights granted by you to BallerTV hereunder, you agree that BallerTV may use, and license others to use, your name, voice, image, and likeness in any manner which BallerTV wishes in any and all media now known or hereafter developed, including in advertising and other promotional materials, press releases, various channels on the internet, third party social media websites, and mobile applications, throughout the world in perpetuity without any compensation paid to you. In addition to the foregoing, by creating an account, including as a parent or guardian of a player or as an organization or educational institution, you agree that BallerTV may use (and license others to use) your and as applicable, your child's and/or your organizations' participants' (including coaches, players, or other participants) names, voices, images, and likenesses contained in any User Content (including User Content made available by other users) in any manner which BallerTV wishes in any and all media now known or hereafter developed, including in advertising and other promotional materials, press releases, various channels on the internet, third party social media websites, and mobile applications, throughout the world in perpetuity without any compensation paid to, as applicable, you, your child, your organization, your organization's participants or any other person. You hereby waive any right of approval of your or your child or your organization's participant's appearance or the uses thereof. You hereby waive any rights to privacy or publicity you or your child or your organization's participants may have in connection with such appearance. You acknowledge that BallerTV will rely on this permission, potentially at substantial cost to BallerTV, and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder. You represent and warrant you have the necessary licenses, rights, consents, and permissions to provide the licenses granted by you to BallerTV in this Section 10 and in the manner contemplated by BallerTV, the Service, and these Terms.

    c. Limited License Grant to Other Users and Other Authorizations. By posting and sharing User Content with another user of the Service, or otherwise making User Content available to another user of the Service, you hereby grant that user a non-exclusive license to access, use, display, perform, reproduce, modify, and transmit such User Content as permitted by these Terms and the functionality of the Service. You acknowledge that, in connection with your participation in or use of the Service, you may appear in User Content published by another user (e.g., if your teammate decides to live stream your sporting event, you may appear in a live video stream of such sporting event published by your teammate via the BallerTV platform). You agree that any such user may use your name, voice, image, and likeness in connection with the exercise of the rights granted by you to other users of the Service under this Section 10(c) (Limited License Grant to Other Users and Other Authorizations), and you hereby waive any rights of privacy and publicity you may have in connection with such appearance.

    d. User Content Representations and Warranties. BallerTV disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
    • you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions (including from any person within the User Content) to use and to authorize BallerTV and users of the Service to use and distribute, your User Content as necessary to exercise the licenses granted by you in this Section 10 (User Content) and in the manner contemplated by BallerTV, the Service, and these Terms;
    • you hold all necessary broadcast, filming, and streaming rights for any sporting events recorded using the Service, and authorize BallerTV to broadcast and/or stream your User Content;
    • you have obtained prior written consent from all individuals appearing in your User Content (or their parents/legal guardians if under 18) for recording, streaming, and distribution of such content;
    • your User Content, and the use your User Content as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, or libel any third-party; or (iii) cause BallerTV to violate any law or regulation;
    • your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
    • your User Content was created with the permission of the relevant sports league, conference, team, school, and/or venue; and
    • you will indemnify and hold harmless BallerTV from any and all claims, damages, and expenses (including attorneys' fees) arising from any breach of these representations and warranties or any third-party claims related to your User Content.

e. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. BallerTV may, however, at any time and without prior notice, screen, remove, edit, or block any User Content for any reason in our sole discretion, including that in our sole judgment such User Content violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable right or remedy you have or may have against BallerTV with respect to User Content. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content, including but not limited to any claims related to broadcast rights, privacy rights, or intellectual property rights. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, BallerTV does not permit copyright-infringing activities on the Service.

f. Sponsored Content. The foregoing provisions and obligations set forth in this Section 10 (User Content) shall apply with equal force to any User Content that you submit that includes advertorials, native advertising, or sponsorship ("Sponsored User Content"). Without limiting the foregoing, any and all of your representations, warranties, indemnification obligations, and other obligations under these Terms apply equally to Sponsored User Content as they would to any other User Content that you submit to the Service. You are solely responsible for ensuring that your Sponsored User Content complies with all applicable federal, state and local laws, rules and regulations. BallerTV assumes no liability for any Sponsored User Content, or for any product or service offered by or through Sponsored User Content. You are solely liable for Sponsored User Content that you submit to the Service and all portions of it, including any sponsored products or services, and for any other consequences of transmissions of Sponsored User Content through the Service.

g. Monitoring Content. BallerTV does not control and except as specifically provided in these Terms does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that BallerTV reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time BallerTV chooses to monitor User Content or other such content, BallerTV still assumes no responsibility or liability for User Content or other such content or any loss or damage incurred as a result of the use of User Content or other such content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. BallerTV has no obligation to verify that users have obtained proper rights, permissions, or consents for any User Content, and users remain solely responsible for ensuring compliance with all applicable laws and third-party rights.

h. Youth Sports Content. You acknowledge that the Service is designed primarily for sports purposes and that special care must be taken when User Content involves minors. For any User Content featuring individuals under 18 years of age, you represent and warrant that you have obtained all necessary prior written consents from parents or legal guardians for the recording, streaming, distribution, and use of such content. You acknowledge that different leagues, schools, and venues may have specific policies regarding photography and filming of youth sports, and you are solely responsible for compliance with all such policies.

  1. Copyright Infringement Claims

     a. Copyright Infringement Notifications. We comply with the provisions of the Digital Millennium Copyright Act of 1998 (17 U.S.C. §512, as amended) ("DMCA"), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send us a written notice by mail or e-mail, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you with respect to material appearing on the Service, the DMCA permits you to send to BallerTV a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices must be sent in writing to our DMCA Designated Agent at the following address:

    Baller, Inc. ATTN: DMCA 844 E Green St, Unit 201, Pasadena, CA 91101 626-489-0258 E-mail: copyright@baller.tv

    Any notice alleging that materials hosted by or distributed through the Service infringe any copyrights must include the following information:

    i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright alleged as being infringed; ii. a description of the copyright-protected work that you claim has been infringed; iii. a description of the material that you claim is infringing and where it is located on the Service; iv. your address, telephone number, and email address; v. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and vi. a statement by you that the above information as provided in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.

    b. Repeat Infringers. BallerTV will promptly terminate, without notice, the accounts of users that are determined by BallerTV to be "repeat infringers".

    c. Personal Information; Privacy Policy. You represent and warrant that (1) any personal information of a player or other individual that you provide to BallerTV was collected in compliance with all applicable laws, rules, regulations, and privacy policies and (2) your provision of such information to BallerTV for use by BallerTV will not violate any applicable law, rule, regulation, or privacy policy. To the extent you provide personal information of an individual who is under 18, you represent and warrant that you are authorized to provide such information and understand and agree such information will be processed as set forth in the BallerTV Privacy Policy. Please read the BallerTV Privacy Policy carefully for information relating to our collection, storage, disclosure, and other use of your personal information. You represent and warrant that any personal information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as needed.
  2. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE TO NOT:

    a. use the Service for any illegal purpose, or in violation of any local, state, national, or international law, rule, or regulation; b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property rights; c. post, upload, broadcast, publish, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate; d. post, upload, broadcast, publish, or distribute any User Content or other content that would lead a reasonable person to believe that BallerTV approves of, is affiliated with, or endorses any: (i) User Content; (ii) any third party; or (iii) any third party's products or services without BallerTV's prior express authorization; e. falsify game scores or competition outcomes, or collude with others to do the same; f. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, downloading or copying of any Materials; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; g. interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) attempting to collect, personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server; h. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material; i. share or otherwise transfer unique access credentials provided to you; j. use the Service or any Materials in connection with any commercial purpose; k. perform any fraudulent activity including impersonating any person or entity, claiming false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; l. post, upload, broadcast, publish, or distribute any User Content or other content in breach of Section 10(d) (User Content Representations and Warranties) (including, in particular, doing so without the consent of each individual who appears in, or whose information is included in, such User Content (or without the consent of such individual's parent or legal guardian if they are under 18 years old)), or otherwise not in compliance with these Terms; m. record, stream, or broadcast any sporting event without proper authorization from the relevant league, venue, school, team, or governing body; n. use the Service to record, stream, or distribute content of minors without prior written consent from their parents or legal guardians; or o. attempt to do any of the foregoing acts described in this Section 12 (Prohibited Conduct), or assist or permit any person in engaging, or attempting to engage in, any of the acts described in this Section 12 (Prohibited Conduct).
  3. Third-Party Terms

     a. Third-Party Services and Linked Websites. BallerTV may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on BallerTV with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as "like" or "share" buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Third-party services are not under our control, and we are not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party products, services, websites, and other materials (“Third Party Materials”) or allow for the routing or transmission of such Third Party Materials, including via links or application programming interfaces. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of the Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF THE THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS A TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

    b. Third Party Software. The Service may now, or in the future include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third party licenses.
  4. Term, Termination and Modification of the Service

     a. Term. These Terms are effective beginning on the earlier of when you accept the Terms or first download, install, access, or use the Service, and shall remain in full force and effect until terminated as described in Section 15.2 (Termination) ("Term").

    b. Termination. If you violate any provision of these Terms, your authorization to access and use the Service, and these Terms, automatically terminate. In addition, BallerTV may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. Subject to Section 4(c) (Auto-Renewing Subscription Service; Cancellation), you may terminate your account and these Terms by contacting customer service at https://ballertv.com/support. If you have an active Subscription Service when you terminate your account, your Subscription Service shall be cancelled in accordance with Section 4(c) (Auto-Renewing Subscription Service; Cancellation).

    c. Effect of Termination. Upon termination of these Terms: (a) your access and use rights and any associated licenses will terminate and you must immediately cease all access to and use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay BallerTV any unpaid amounts that were due prior to the effective date of termination; and (d) all payment obligations accrued prior to termination, and Sections 4 (General Fees and Payment Terms), 5(c) (Feedback), 6 (Ownership; Proprietary Rights), 7 (Downloadable Materials), 9 (Personal Safety), 10 (User Content), 11 (Copyright Infringement Claims), 12 (Prohibited Conduct), 13 (Third-Party Terms), 14(c) (Effect of Termination), 14(d) (Modification of Service), 15 (Indemnity), 16 (Additional Terms), 17 (Disclaimers; No Warranties), 18 (Limitation of Liability), 19 (Dispute Resolution and Arbitration), 20 (Class Action Waiver), 21 (Modification of the Terms), and 22 (General), will survive such termination.

    d. Modification of Service. BallerTV reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. BallerTV will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
  5. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless BallerTV and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the "BallerTV Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Service; (b) your violation of any portion of these Terms or any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property or privacy right; (d) your User Content, including any claims that you failed to obtain necessary rights, permissions, or consents (including prior written consent from individuals appearing in your User Content) for recording, streaming, or distributing such User Content; (e) any claims by sports leagues, venues, schools, teams, or other rights holders related to your User Content; or (f) any dispute or issue between you and any third party. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
  6. Additional Terms

     a. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to the Service (the "Additional Terms"), such as end-user license agreements for any downloadable software applications, or rules applicable to a particular feature or content on the Service, subject to Section 21 (Modification of the Terms) below. All Additional Terms are incorporated by this reference into, and made a part of, these Terms. Additional Terms include our Terms of Sale and Warranty Policy for hardware purchases.
  7. Disclaimers; No Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICE AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) THE BALLERTV ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. THE BALLERTV ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR USER CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BALLERTV ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR USER CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR USER CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL THE BALLERTV ENTITIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR USER CONTENT ON THE SERVICE, OR OTHERWISE IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE BALLERTV ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) UNDER NO CIRCUMSTANCES WILL BALLERTV BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE BALLERTV ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BALLERTV FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) $50 USD.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. Dispute Resolution and Arbitration

Arbitration Agreement

(A) Informal Dispute Resolution Procedure. If there is an instance when you have a concern that needs special attention, BallerTV is committed to working with you to reach a reasonable resolution. However, we can only do this if we know about it. Therefore, for any concern you may have with the Service, you agree to first send a written description of it to support@baller.tv so we have an opportunity to address it. You agree to work with BallerTV in good faith to resolve the concern. We believe this should lead to resolution. However, if for some reason the concern is not resolved satisfactorily within sixty (60) days after we receive your email, and all necessary information, you agree to the further dispute resolution provisions below.

(B) Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided for herein) subject to the terms set forth below and the National Arbitration and Mediation ("NAM") rules. If you are initiating arbitration, a copy of the demand shall also be emailed to support@baller.tv. Any demand initiating arbitration, whether filed by you or BallerTV, must include the email address you used to create an account with BallerTV.

Except as set forth below, you and BallerTV agree that by using the Service in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against BallerTV arising out of or, relating to, or connected in any way with the Service or these Terms, including but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or the timing of any administrative or arbitrator fees (each a "Dispute") will be resolved exclusively by final and binding arbitration in accordance with Subsections 19(A)-(K) of these Terms (the "Arbitration Agreement"). (The portion of this Section 19 preceding Subsection 19(A) applies regardless of whether you have opted out of the Arbitration Agreement under Subsection 19(J).)

This Arbitration Agreement applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16.

The parties understand that an arbitrator and not a judge or jury will decide the Dispute, and that rights to discovery and appeals may be limited in arbitration. The parties further understand that the costs of arbitration could exceed the costs of litigation in some instances.

You hereby acknowledge and agree that by agreeing to these Terms, which include this Arbitration Agreement, you and BallerTV are each waiving the right to a trial by a jury to the maximum extent permitted by law.

Notwithstanding the parties' decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

(C) Class Arbitration and Collective Relief Waiver. You and BallerTV acknowledge and agree that, to the maximum extent allowed by law, except as set out otherwise in Subsection (F) below, any arbitration shall be conducted in an individual capacity only and not as a class or other representative action and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party's claim; notwithstanding this acknowledgement and agreement, you agree that any arbitration involving you may proceed on a consolidated basis, but it may do so if and only if BallerTV provides its consent to consolidate in writing.

With the exception of this Subsection (C) and Subsection (F) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, this Subsection (C) or Subsection (F) is found to be invalid, unenforceable, or illegal as applied to your claims, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor BallerTV shall be entitled to arbitrate the Dispute.

(D) Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation's Commercial Dept at commercial@namadr.com. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

(E) Arbitration Location and Procedure. For all U.S. residents, where the amount in controversy is over $25,000, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in California (unless otherwise agreed by the parties). Where the amount in controversy is under $25,000, the arbitration shall take place solely by submission of written materials, unless the arbitrator determines that a hearing is necessary, and any arbitrator nationwide may be appointed. Where a hearing is necessary in such cases, the parties agree to remote participation by videoconference or teleconference.

The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and BallerTV (and each of the parties' authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

(F) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM ("Mass Filing"), the parties agree to administer the Mass Filing in sequential batches of approximately 100 demands per batch (as adjusted to accommodate any arbitrator strikes as described below). To the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands). The parties further agree: (i) to designate one arbitrator for each batch; (ii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iii) that 10% of the anticipated total number of batches for the Mass Filing may proceed simultaneously as set forth in this batching provision and Arbitration Agreement, but that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior set of batches are filed, processed, and adjudicated (for example: if 2000 demands were presented as part of a Mass Filing, there would be 20 anticipated batches, 10% of which – i.e., 2 batches – may proceed simultaneously); (iv) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by BallerTV and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (v) that the staged process of batched proceedings, with each batch including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved, and (vi) to make good faith efforts to resolve each batch of claims properly designated for filing, processing, and adjudication within 180 days, failing which any of the claimants whose demands have not yet begun arbitration or BallerTV may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. Each claimant may strike the arbitrator selected by their counsel and BallerTV for the batch and where such strike is exercised, the objecting claimant's demand will be included in any simultaneously proceeding batch, or the next following batch.

You agree to cooperate in good faith with BallerTV and the arbitration provider to implement such a "batch approach" or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This "Batch Arbitration" provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless BallerTV otherwise consents in writing, BallerTV does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Subsection (F) and Subsection (C). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this Subsection (F) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor BallerTV shall be entitled to arbitrate any claim that is a part of the Mass Filing.

(G) Mediation Following First Batch in a Mass Filing. The results of the first completely adjudicated batch of demands will be given to a NAM mediator selected from a group of 5 mediators proposed by NAM, with BallerTV and the remaining claimants' counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, BallerTV the remaining claimants and their counsel, and the mediator will have 90 days (the "Mediation Period") to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either BallerTV or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither BallerTV nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

(H) Arbitrator's Decision. The arbitrator's decision shall be controlled by the terms and conditions of these Terms. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of Sections 17 and 18 ("Disclaimer; No Warranties" and "Limitation of Liability") as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys' fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

(I) Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, BallerTV will pay any filing and hearing fees in excess of the current United States District Court filing fee for the Central District of California that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys' fees) may be imposed upon you consistent with the Arbitrator's Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM's Rules where it deems appropriate (including as specified in Subsection (F)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

(J) 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to support@baller.tv with the subject line, "ARBITRATION OPT-OUT". You must send this notice from the email address associated with your account (if you have one), or if this is not possible, you must promptly cooperate with us to identify your account if you have one. Regardless of the email address you use, you must promptly cooperate with any request from us to authenticate that you are the accountholder (if you hold an account) and that you are the actual sender of the notice. Your notice must include your name and address, the email address you currently use to access your BallerTV account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. The notice must be sent within thirty (30) days of first becoming subject to this Arbitration Agreement. You become subject to this Arbitration Agreement at the same time you become subject to the rest of these Terms. Otherwise, you shall be bound to arbitrate disputes in accordance with this Arbitration Agreement. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement the Arbitration Agreement, BallerTV also will not be bound by it.

(K) Changes. BallerTV will provide thirty (30) days' notice of any material changes to this Section 19 by posting the update on our website and sending an email to the address it has on file for your Services account, if any. Any such changes will go into effect at 11 a.m. Eastern Time 30 days after BallerTV provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If BallerTV changes this Section 19 after the date you first accepted this Section 19 (or accepted any subsequent changes to this Section 19), you agree that your failure to cancel your subscription or otherwise terminate these Terms by the time it takes effect will be deemed acceptance of those changes.

  1. Class Action Waiver

If you have a Dispute with BallerTV that is not subject to the binding arbitration provisions in Section 19 (Dispute Resolution and Arbitration) above, then to the fullest extent permitted by law, you agree you may only resolve your disputes with BallerTV on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, private attorney general or other representative action. Likewise, these Terms and this class action waiver preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, private attorney general and/or other representative action brought against BallerTV by someone else.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

  1. Modification of the Terms. BALLERTV RESERVES THE RIGHT TO UPDATE OR MODIFY THE TERMS ON A GOING-FORWARD BASIS AT ANY TIME. Changes will be effective: (a) 30 days after BallerTV provides notice of the changes, whether such notice is provided through the Service, is sent to the e-mail address associated with your account, or otherwise; or (b) when you opt-in or otherwise agree to the changes or a version of these Terms incorporating the changes, whichever comes first. Please check these Terms periodically for changes. It is your responsibility to keep your email address up to date for notices from BallerTV and to regularly review these Terms. If a change to these Terms materially modifies your rights or obligations, you may be required to accept the modified Terms in order to continue to use the Service. Disputes arising under these Terms will be resolved in accordance with the version of the Terms that was in effect at the time the dispute arose.
  2. General. These Terms and any other agreements expressly incorporated by reference into these Terms constitute the entire and exclusive understanding and agreement between you and BallerTV regarding your use of and access to the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time thereafter, nor will a waiver by us of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Unless otherwise expressly stated: (a) the words "herein", "hereof", and "hereunder" (and other words of similar import) refer to these Terms as a whole and not to any particular Section, subsection, or other subpart; (b) the words "include", "includes", and "including", and the use of "e.g.", will be deemed to be followed by the words "without limitation"; and (c) references to a "Section" of these Terms includes all subsections or other subparts of such Section. If any part of these Terms is held to be invalid or unenforceable, except as otherwise provided herein, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

    a. Governing law. These Terms will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and BallerTV agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California for the purpose of litigating any dispute not subject to arbitration. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

    b. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

    c. Contact Information. The Service is offered by Baller, Inc., located at 844 E Green St. #201, Pasadena, CA 91101 You may contact us by sending correspondence to the foregoing address or by contacting us online at https://support.baller.tv. You can access a copy of these Terms by clicking here: Terms of Use.

    d. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (626) 325-0011 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

    e. No Support. We are under no obligation to provide support for the Service. Instances where we may offer support, the support will be subject to published policies. Support is conducted through live chat or via request at https://support.baller.tv. One may also call our telephone support line (626) 325-0011 for information on how to get in touch with a representative of BallerTV.
  3. Notice Regarding Apple. This Section 223(Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and BallerTV only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (z) you are not listed on any U.S. Government list of prohibited or restricted parties.
  4. Mobile Messaging Service. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, BallerTV's mobile messaging service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., discounted products) from BallerTV via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 626 727 9985 to cancel at any time. You'll receive a one-time opt-out confirmation text message. For Service support or assistance, text HELP to +1 626 727 9985 or send an email to support@baller.tv.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

Subject to, and without limiting your obligations in, Section 15 (Indemnity), you agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of BallerTV's mobile messaging service or from you providing us with a phone number that is not your own. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the BallerTV mobile messaging service, any errors in such information, and/or any action you may or may not take in reliance on the information or the BallerTV mobile messaging service.