We agree to provide you with the Ballgecko platform. The platform includes all of Ballgecko’s products, features, applications, services, technologies and software that we provide to advance Ballgecko’s mission: To bring you closer to the people and things you love. The Service is made up of the following aspects:
Find, join, and offer personalized ways to create, connect, discover and share.
Ballgecko allows you to create, find, join and share experiences that matter to you bringing your passion closer to people who equally share that same passion. This includes starting, joining and sharing both video and audio conversations, highlighting the content that matters to you, sharing that you might be interested in, and offering ways for you to experience Ballgecko, based on things that you and others do on Ballgecko.
1. Who Can Use the Services
- Anyone under the age of 13 is disallowed from creating a Ballgecko account or using Ballgecko Services. If you are under 18, you may only use the Services with the prior consent of your parent or legal guardian. Your parent or legal guardian must review and discuss these Terms with you before you start using the Services.
- If you are using the Ballgecko Service on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end-user and that business or entity).
2. Rights We Grant You
- As between you and us, Ballgecko is the owner of the Service, including all proprietary content, information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and “look and feel” of the Services, and all related intellectual property rights. Ballgecko grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is for the sole purpose of using and enjoying the Services in a way that these Terms and our policies, such as our Community Guidelines, allow. You may not use the Services in ways that are not authorized by these Terms nor may you help anyone else in doing so.
3. Rights You Grant Us
- The Ballgecko Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. You however grant Ballgecko a license to use that content. How broad that license is, depends on which Services you use and the Settings you have selected.
- For all content you submit to the Services, you grant Ballgecko and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.
- We call submissions that are set to be viewable by Everyone as well as content you submit to public Services, like Public Profiles, “Public Content.” Because Public Content is inherently public, you grant Ballgecko, our affiliates, other users of our Services, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of your Public Content. When you appear in, create, upload, post, or send Public Content, you also grant Ballgecko, our affiliates, other users of the Services, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to use the name, likeness, and voice, of anyone featured in your Public Content for commercial and non-commercial purposes. This means, among other things, that you will not be entitled to any compensation if your content, videos, photos, recordings, name, likeness, or voice are used by us, our affiliates, users of the Services, or our business partners.
- While we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
- We, our affiliates, and our third-party partners may place advertising on the Services, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.
- We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.
4. The Content of Others
- Most of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the user or entity that submitted it. Although Ballgecko reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—guarantee that other users or the content they provide through the Services will comply with our Terms or Community Guidelines.
5. Respecting the Ballgecko’s Rights
You must also respect BallGecko’s rights and adhere to her guidelines, support pages, and FAQ’s. That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following:
- use branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials BallGecko makes available via her Services, except as explicitly allowed by these Terms;
- violate or infringe Ballgecko’s or our affiliates’ copyrights, trademarks, or other intellectual property rights;
- copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or the content on the Services, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service’s intended functionality;
- create more than one account for yourself, create another account if we have already disabled your account, attempt to access the Services through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account, a username, or a friend link;
- reverse engineer, duplicate, decompile, disassemble, or decode the Services (including any underlying idea or algorithm), or otherwise extract the source code of the software of the Service;
- use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information;
- use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;
- use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;
- attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- probe, scan, or test the vulnerability of our Services or any system or network;
- violate any applicable law or regulation in connection with your access to or use of the Services; or
- access or use the Services in any way not expressly permitted by these Terms or our Community Guidelines.