855-558-8363

BoxScore Terms of Use Agreement

Date of last Revision: 20 March 2018 

It’s important that you read this Terms of Use Agreement (this “Agreement”) as it is a legally binding agreement between you and BoxScore Brands, Inc. (“BoxScore,” “we,” “us” or “our”) regarding BoxScore’s application, available for download on mobile devices (“BoxScore App” or the “App”), its website and its other products, services and features it may make available to you (the “Services”).  By using or accessing the Services you agree to the terms of this Agreement. For some of our Services you may have additional terms and conditions to accept so please be aware of this and if there is any conflict between those and this Agreement then the new terms will apply to you.

What is BoxScore?

BoxScore Brands, Inc., headquartered in Santa Monica, CA, and with offices in Orange, CA and Las Vegas, NV, is a consumer products and automated retailing company specializing in the creation, marketing and sales of unique ice cream and related food products which are distributed to the retail markets utilizing various retail, in stadium, and “next-generation” self-serve electronic kiosks throughout North America. The Company owns and operates kiosks and has partnered with numerous national consumer product companies to deliver new and innovative customer retail experiences in automated “frictionless” settings. For more information on BoxScore Brands, call (855) 558-8363 x 5 or email [email protected]

The BoxScore App is a mobile platform for scanning BoxScore collectibles and QR codes for the purposes of keeping a virtual BoxScore collection and trading those virtual collectibles with others.

The BoxScore Services are intended to be used by those who are 13 and over; if you are not 13 then please do not continue to download or use the Services unless you have the express consent of your parent or guardian. Our facial recognition features and Services that incorporate facial recognition are intended to be used by those who are 16 and over; if you are not 16 then please do not continue to register your facial signature unless you have the express consent of your parent or guardian.

  1. Privacy

Your privacy is important to us and so we encourage you to please read and understand the contents of our Privacy Policy before using the BoxScore App or BoxScore Services or accessing the BoxScore Platform.

  1. Your Use of the BoxScore App & Services

The BoxScore App permits you to use the BoxScore software application for mobile devices (“BoxScore App”) and the BoxScore information technology platform (“BoxScore Platform”) that BoxScore may make available from time to time from your mobile device (“Device”).

Once you download the BoxScore App onto your Device and agree to be bound by this Agreement and the Privacy Policy, you may use the BoxScore App to use the BoxScore Platform.

  1. Accessing Content we make available to you

We give you access to some great content! Our Service allows you to view, scan and store content created by us and from third parties including other users (“BoxScore Content”).

Any software that we give you access to may automatically download and install upgrades, updates or other new features. Your Device settings may allow you to adjust these automatic downloads. You may not copy, modify, distribute, sell or lease any part of the Service nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

  1. Sharing your User Generated Content with BoxScore

When you use the BoxScore App and Services to view BoxScore Content you may also be scanning images of what is around you or adding content yourself from other sources (“User Generated Content”). You are submitting this digital User Generated Content to our Platform.  By scanning or otherwise submitting content in the BoxScore app you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to copy, host, modify, display, reproduce, edit, publish, create derivative works from, publicly display, distribute and otherwise use the User Generated Content to enable us to operate, develop, make available, promote and improve the BoxScore Service and Platform.

Any User Generated Content you add must comply with our  Community Guidelines. If your User Generated Content contains information about yourself, including your image, then please review our Privacy Policy where you will be able to learn more about what others can see about you and how you can manage that.

  1. Third Party Content

We may review any content that appears on the Services – whether that’s added by you or a third party – and remove without notice any content that we reasonably believe to be in breach of this Agreement and all associated policies e.g., Community Guidelines, however, we are not obliged to do this and so we do not take responsibility for any content that others provide through the Services.

We welcome feedback and if you have comments or want to report an issue relating to BoxScore Content, User Generated Content or Third Party Content, including any content that you feel is outside of our Community Guidelines then please email us at [email protected].

  1. Proprietary Rights

We reserve all intellectual property rights in the BoxScore App, the BoxScore Services and the BoxScore Platform, except for the rights expressly granted in this Agreement and you accept and acknowledge that all intellectual property rights in the BoxScore Content belong to BoxScore or its licensors.

You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the BoxScore App, BoxScore Services, BoxScore Platform or any in BoxScore Content.

This Agreement does not grant you any right to use the trademarks, service marks, copyright works or logos of BoxScore, its licensors or any other third parties.

  1. Termination

If you breach this Agreement or otherwise create unacceptable risk or exposure for us, we may immediately terminate this Agreement or cease to provide all or part of the Services to you. In such cases the Agreement will terminate except that Sections 4, 10-20 will survive termination and will continue.

We may terminate this Agreement for any reason by giving you notice. Upon termination, you will no longer be able to use the BoxScore App or Services and you must cease such use and also delete all copies of the BoxScore App that you have downloaded.

  1. Your Restrictions and Usage Rules
    1. Restrictions

You may not use the BoxScore App on any Device that you do not own or control, and you may not distribute or make the BoxScore App available over a network where it could be used by multiple devices at the same time.

You may not download the App on a Device that is not legally available in your country of residence.

You may not copy (except as expressly permitted by this Agreement and the usage rules described in Section 8.2), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the BoxScore App, BoxScore Services or any updates or any part thereof, or of any BoxScore Content (except to the extent any foregoing restriction is permitted by applicable law).

  1. Usage Rules

You acknowledge that the BoxScore App contains security technology that limits your usage of the BoxScore App to the following applicable usage rules however whether or not the BoxScore App is limited by security technology, you agree to use the BoxScore App in compliance with the following applicable usage rules:

(a)        your use of the BoxScore App is conditioned upon your prior acceptance of the terms of this Agreement;

(b)        you will be able to store the BoxScore App from up to five different Accounts (as defined in the Apple Terms of Service) on certain devices, including the Devices, at a time;

(c)        you will be able to store the BoxScore App on five authorized devices at any time;

(d)        you will not attempt to, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service (as defined in the Apple Terms of Service) or used to administer the Usage Rules (as defined in the Apple Terms of Service);

(e)        the delivery of the BoxScore App does not transfer to you any promotional use rights in the BoxScore App or the BoxScore Content; and

(f)        you shall be able to manually sync the BoxScore App from at least one authorized device to devices that have manual sync mode, provided that the BoxScore App is associated with an Account (as defined in the Apple Terms of Service) on the primary iTunes authorized device, where the primary iTunes-authorized device is the one that was first synced with the device, or the one that you subsequently designate as primary using iTunes.

  1. Changes to this Agreement

We may need to modify this Agreement from time to time. In most circumstances the reasons for these modifications are to reflect changes in our products and services, in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice.

If we modify the Agreement, we will post a notice on the BoxScore website located at https://www.BoxScore.com, or put a notice within the BoxScore App. Your continued use of the Service following notice of the changes to the Agreement, policies, guidelines constitute your acceptance of our amended Agreement, policies or guidelines. You should discontinue to use the Service if you do not agree with the changes.

  • Infringement
    1. Our Options

If the Service infringes or misappropriates, or in our reasonable determination is likely to infringe or misappropriate any third party’s intellectual property rights, then we may, at our sole option and expense:

(a) obtain from the third party the right to continue to use the Service consistent with the rights granted hereunder; or

(b) modify or stop providing the BoxScore App or Service to avoid and eliminate such infringement or misappropriation.

  1. Exclusions

We will not be liable for any infringement based on:

(a) modification of the BoxScore App by anyone other than us; or

(b) the combination of the BoxScore App with other software, items or processes not furnished by us if such infringement would have been avoided by the use of the Software alone; or

(c) any Third Party Content

  • Disclaimer of Warranty

THE SERVICES AND PLATFORM HAVE BEEN DEVELOPED WITH, AND ARE PROVIDED WITH, REASONABLE CARE AND SKILL. BOXSCORE DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE BOXSCORE APP OR ANY BOXSCORE CONTENT AND IN PARTICULAR DOES NOT WARRANT THAT: (I) THE SERVICES WILL PROVIDE UNINTERRUPTED OR ERROR-FREE USE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; AND (II) THE SERVICES WILL OPERATE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM. BOXSCORE DOES NOT WARRANT THAT THE BOXSCORE CONTENT WILL BE ERROR-FREE, COMPLETE, ACCURATE, AVAILABLE OR UNINTERRUPTED. BOXSCORE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR PURPOSE. EXCEPT AS SET OUT IN SECTION 12 BELOW, OR IN THE EVENT THAT YOU ARE EXERCISING ANY APPLICABLE STATUTORY RIGHT TO REFUND OR COMPENSATION, IN NO CASE SHALL BOXSCORE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE BOXSCORE APP WHERE: (I) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY BOXSCORE; (II) IT IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; (III) ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM BREACH BY YOU OF ANY TERM OF THIS AGREEMENT; (IV) IT RESULTS FROM A DECISION BY BOXSCORE, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE BOXSCORE APP OR THE BOXSCORE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED BREACH OR AS A RESULT OF A BREACH, OF THIS AGREEMENT; (V) IT RELATES TO LOSS OF INCOME, BUSINESS OR PROFITS, OR ANY LOSS OF DATA OR CORRUPTION OF DATA IN CONNECTION WITH YOUR USE OF THE BOXSCORE APP OR THE BOXSCORE SERVICE; OR(VI) THE LOSS OR DAMAGE IS INDIRECT.

  • Limitation of Liability

Except as set forth in Section 13, BoxScore’s aggregate liability under this Agreement shall be limited to the lower of the sum equal to the data cost of downloading the BoxScore App to your Device or $25.

  • No Limits or Exclusions

Nothing in this Agreement excludes or limits BoxScore’s liability for fraud, fraudulent misrepresentation or for death or personal injury.

  • Suspension of the BoxScore App and BoxScore Services

We can, at any time, suspend your use of the BoxScore App and/or BoxScore Services. We will do this if we think it is reasonably necessary because

  1. we have concerns about the security of the BoxScore App, BoxScore Platform or BoxScore Services;
  2. we are obliged to do so in order to comply with the order of a court, regulatory authority or other government body;
  3. we reasonably believe that your account information or augmented reality face profile is fake and/or you are impersonating another person;
  4. we reasonably believe that you are using the BoxScore App or BoxScore Services in a manner that is inconsistent with or breaches any of our or third parties’ usage rules; or
  5. we are investigating a report against your account or any User Generated Content you have added.

We will usually give you advance notice of any suspension and tell you why. However, we will not do so if this would compromise our reasonable security measures or it is unlawful to do this. Occasionally, we may not be able to contact you to give you advance notice.

  • Mobile & Other Devices

Please be aware that your carriers normal rates and fees, such as data charges, will apply.

  • Access to BoxScore Content & Third Party Sites

Your access to BoxScore Content is entirely at our discretion. We have the right to remove or change BoxScore Content at any time without notice to you and to determine which BoxScore Content you will have access to at any given time. We make no guarantee that BoxScore Content will be constantly or consistently available. BoxScore has no liability to you for the content of any Third Party Content.

You acknowledge that BoxScore Content is for general information purposes only and is not intended to be relied upon for specific advice.

If any BoxScore Content contains links to third party applications or websites (“Third Party Sites”), you accept and acknowledge that BoxScore is not responsible for the content or functioning of such Third Party Sites. We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links in the BoxScore Content does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. If you choose to access Third Party Sites, you do so at your own risk and you agree to be bound by any additional terms of use (including any third party privacy policies) that apply to such Third Party Sites. BoxScore has no liability to you for your use of any Third Party Sites.

  • Injunctive Relief

We will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.

  • Choice of Law and Jurisdiction

This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with Delaware state law . The Parties hereby agree to submit to the exclusive jurisdiction of the courts of the state of Delaware in respect of all disputes arising out of or in connection with this Agreement.

  • APPLE INC

If the Platform that you download, access and/or use runs on Apple’s iOS operating system:

  • the Platform may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
  • you acknowledge and agree that:
    • Apple has no obligation at all to provide any support or maintenance services in relation to Platform. If you have any maintenance or support questions in relation to the Platform, please contact us, not Apple, using the contact details set out at the end of this Agreement;
    • except as otherwise expressly set out in this Agreement, any claims relating to the possession or use of the Platform are between you and us (and not between you, or anyone else, and Apple);
    • in the event of any claim by a third party that your possession or use (in accordance with this Agreement) of the Platform infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
    • although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
  • you represent and warrant that:
    • you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
    • you are not listed on any United States Government list of prohibited or restricted parties; and
  • if the Platform does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the Platform (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Platform and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Platform or as a result of you or anyone else using the Platform or relying on any of its content.
  • Miscellaneous

(a) IP Infringement:  you represent and warrant to us that the User Generated Content does not and will not infringe the rights (including the intellectual property rights) of any third party, is not obscene, defamatory, pornographic or otherwise offensive, and shall comply with all applicable laws, rules and regulations. If any claim or allegation is made against us, that the User Generated Content infringes any laws and/or the rights (including, without limitation, the intellectual property rights) of any third party you agree to help us resolve this and also indemnify BoxScore from and against all claims or losses that BoxScore might suffer as a result of such infringement.

(b) Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of this BoxScore App and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.

(c) Third Party Beneficiaries. Any person who is not a party to this Agreement has no rights to enforce any terms of this Agreement.

(d) Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

(e) Severability. The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.

(f) Assignment. You may not assign your rights under this Agreement to any third party; we may freely assign our rights under this Agreement and the Agreement, including for the purposes of a merger, acquisition, sale of assets, by operation of law or otherwise.

(g) Product Questions, Comments, Claims and Contact Information. We are responsible for addressing any questions, comments or claims relating to the BoxScore App and Service and/or your use of the BoxScore App and Service, including but not limited to:

  1. product liability claims;
  2. personal data claims;
  3. any claim that the BoxScore App fails to conform to any applicable legal or regulatory requirement; and
  4. claims arising under consumer protection or similar legislation.

If you have any comments or questions, please contact BoxScore at:

[email protected]

or:

BoxScore Brands, Inc.

3675 W. Teco Ave., Suite 8
Las Vegas, NV 89118