Grandstand

Grandstand Terms of Service

Effective Date: August 1, 2023        

These are the Terms of Service for Grandstand, Inc. and its affiliates and subsidiaries (“Grandstand”). These Terms apply when you visit our website at https://grandstand.io (our “website”), use our application (our “app”), interact with us, attend an event, or use any and all of our products and services (collectively, our “services”). These Terms and the Privacy Notice constitute the entire agreement between you and Grandstand, superseding any prior agreements between you and Grandstand.

Use of Our Services

Please be aware that these Terms constitute a binding legal agreement between you and Grandstand. You agree you are responsible for your use of our services and any resulting consequences. You may use our services only in compliance with these Terms and all applicable laws. Your use of our services constitutes your acceptance of these Terms and our Privacy Notice.

When using certain services, you may be subject to any additional terms applicable to such services that may be posted on our services or otherwise made available from time to time.

Age Requirements

By accepting the Terms through your use of our services, you certify that you are at least 18 years of age or are at least 13 years of age and are using the services under the supervision of a parent or legal guardian that will be bound to these Terms on your behalf.  If you are under the age of 13, you are not permitted to use our services. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the services, including all financial charges and legal liability that such child may incur. You should refer to the Privacy Notice for more information on children’s privacy.

Your Representations & Warranties to Grandstand

By using our services, you represent, warrant, and agree:

  1. You meet all age and eligibility requirements expressed in these Terms;
  2. You will only use our services for lawful purposes, and will not use our services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
  3. You will not use our services to cause nuisance, annoyance or inconvenience;
  4. You will not impair or harm the proper operation of our services;
  5. You will not copy, or distribute any content contained within our services without written permission from Grandstand;
  6. You will only use our services for your own use and will not resell any aspect of our services to a third party;
  7. You own or control all rights in and to any information or property shared with us;
  8. You will provide us with whatever proof of identity we may reasonably request;
  9. You have not previously been suspended or removed from our services;
  10. Your use of our services is in compliance with applicable laws and regulations; and

Access and Conditions of Use

You may use our services only for lawful purposes and in accordance with these Terms. You agree:

  1. You will not violate any applicable federal, state, local, or international law or regulation;
  2. You will not exploit or harm minors;
  3. You will not transmit any advertising or spam material;
  4. You will not impersonate Grandstand  or any person or entity associated with Grandstand; and
  5. You will not engage in any conduct that challenges anyone's use or enjoyment of the services.

We do not tolerate objectionable content or abusive users on our platform. If we become aware of such content, we will remove it and reserve the right to suspend the user who posted such content. Actions that we consider objectionable are subject to removal and user suspension within 24 hours.
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Additionally, you agree:

  1. You will not use any device, software, or routine that interferes with the proper working of the services, or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  2. You will not attempt to gain unauthorized access to the services; and
  3. You will not attempt to attack or interfere with the proper working of the services.

Grandstand reserves the right to temporarily or permanently modify or discontinue our services with or without notice. Grandstand reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.

Grandstand Video Content

Through our services, you may obtain personalized content from the athletes registered with Grandstand. You acknowledge and agree that any athlete has the sole discretion to determine how to fulfill your request and the content created. Any request may be rejected in Grandstand’s discretion.

Intellectual Property

Service content, Software and Trademarks. You acknowledge and agree that our services may contain content or features (“service content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Grandstand , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our services or any service content, in whole or in part, except that the foregoing does not apply to your own feedback that you legally upload to our services. You may not access our services through robots, scraping tools or similar data-gathering or extraction methods.

The Grandstand name and logos are trademarks and service marks of Grandstand (collectively the “Grandstand Trademarks”). Other company, product, and service names and logos used and displayed via our services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Grandstand. Nothing in these Terms or in our services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Grandstand Trademarks displayed through our services, without our prior written permission in each instance. All goodwill generated from the use of Grandstand Trademarks will inure to our exclusive benefit.

Third-Party Material. Under no circumstances will Grandstand  be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Grandstand does not have a duty to pre-screen content, but that Grandstand and its designees will have the right in their sole discretion to refuse or remove any content that is available via our services. This includes the right to remove any content that violates these Terms or is deemed by Grandstand to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Feedback Transmitted Through Our Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our services (“feedback”), provided by you to Grandstand is non-confidential, and Grandstand will be entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Grandstand may preserve content and may also disclose feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Grandstand, its users and the public. You understand that the technical processing and transmission of our services, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Policy

The Company respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for Users of the Grandstand Services who are infringers. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.

In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Grandstand Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Notifying the Company of Copyright Infringement

Grandstand will process and investigate notices of alleged infringement and will take appropriate actions consistent with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Copyright Agent at copyright@grandstand.io (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: 1585 Springfield Ave Store #2, Maplewood, NJ 07040

To provide the Company with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification Department” at copyright@grandstand.io that sets forth the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

We must receive the following information from you:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
  2. A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
  3. A detailed description of where the material that you claim is infringing is located or found on the services;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf.

Providing the Company with Counter-Notification

If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Department” at copyright@grandstand.io that sets forth the following information:  

  1. Your physical or electronic signature;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the State of Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

If a counter-notice is received by the Copyright Agent, Grandstand will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Third-Party Websites

Our services or third parties may provide links or other access to other sites and resources on the Internet. Grandstand has no control over such sites and resources and Grandstand is not responsible for and does not endorse such sites and resources.

Subscription Terms

We reserve the right to restrict your access to portions of Grandstand at any time in our sole discretion, including if an athlete blocks you from accessing any content. We may share revenue generated from your activity on Grandstand between Grandstand and eligible athletes (and third party platform providers, as applicable) according to the terms of any agreements with such athletes and third party platform providers. Subscriptions on Grandstand are offered at different monthly price points and each monthly price is selected by that subscription’s athlete. The price of your subscription will be disclosed to you at the time of your purchase. We reserve the right to change the subscription price or the subscription period from time to time (or enable athletes to do the same). We may also disable auto renew for some or all subscriptions in our sole discretion. We will provide notice of any such change, which will apply to your next renewal after we institute the change. When you purchase a subscription through a third party platform provider (such as the Apple App Store or Google Play, or a platform through which you purchase a Grandstand subscription), you will be charged for that purchase by the third party platform provider in accordance with the terms disclosed to you at the time of purchase and all terms applicable to your use of that third party platform provider. Your subscription will automatically renew monthly in accordance with the policies of your third party platform provider. You may cancel your subscription directly through the third party platform provider. For some third party platform providers, you may need to cancel your subscription 24 hours before the end of the current subscription period to prevent the subscription from being automatically renewed.

When you purchase a Grandstand subscription, you agree: (a) we will provide you with access to your subscription immediately; and (b) to the extent permitted by applicable law, you waive any statutory right you might have to change your mind about your subscription and receive a refund within the applicable cooling off period. Because you agree to access the subscription immediately and waive your statutory right to change your mind in the cooling off period, you cannot exercise your statutory right to cancel and receive a refund within the cooling off period, unless prohibited by applicable law.

You agree and understand that Grandstand does not have any editorial control over, nor responsibility for, any athlete content. Use of Grandstand subscriptions is at your sole discretion. You understand and acknowledge that either Grandstand or the athlete(s) may change the features or content available to you as part of your subscriptions from time to time, including during a billing period. If you do not wish to continue your subscription as a result of such change then you should cancel it before you are committed to the next billing period. Your continued use of Grandstand and/or renewal for a further billing period constitutes acceptance of those changes.

 

Communications

As part of your use of our services, you consent to receive electronic notifications from Grandstand. You may opt-out of receiving certain notifications in association with our services by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain services announcements or notifications even if you have opted-out from other messages.

Third-Party Advertising & Marketing

Grandstand may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our services and other mechanisms. By agreeing to our Terms, you agree to receive such advertising and marketing from Grandstand and our partners. If you do not wish to receive such advertising, you may notify us at privacy@grandstand.io. Grandstand may compile and release information regarding you and your use of our services on an anonymous basis as part of a customer profile or similar report or analysis. It is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our services.

Indemnity and Release

You agree to release, indemnify, and hold harmless Grandstand, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of services, your violation of these Terms, or your violation of any rights of another.

FanFund Terms

When you make a donation to an athlete through our services, you understand that:

  • Donation Purpose: Your donation is made to support the specific athlete you have chosen, or, if you have chosen to support a collective of athletes, then to the group of athletes that are participating in Grandstand’s Fan Fund.
  • No Refunds: Because all donations will be made through Stripe, the athlete has control over the donations rather than Grandstand and the athlete is responsible for issuing refunds or handling chargebacks directly with you.
  • Transaction Information: Athletes will receive your donation, minus applicable transaction fees charged by Grandstand and/or the applicable payment processor.
  • Payment Processing: Payments are processed through our third-party payment service providers. By making a donation, you agree to the processing of your payment by these service providers.

User Responsibilities

  • Accuracy of Information: You represent and warrant that all information you provide in connection with a donation is accurate, complete, and current. You agree to promptly update your information if any changes occur.
  • Lawful Use: You may not use our services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering, or insider trading.

Athlete Interaction

  • No Guarantee: While we strive to promote genuine and impactful athlete campaigns, we do not guarantee that the donations will be used as described in the athlete's campaign or that the campaign will achieve its goals.
  • Communication: You understand that your interaction with any athlete through our services is at your own risk, and you are solely responsible for your interactions with athletes. Grandstand is not responsible for the actions, content, information, or data of athletes.

Modification of FanFund Terms

Grandstand reserves the right to modify these FanFund Terms at any time. All changes will be posted on our website, and your continued use of our services after such changes have been posted constitutes your acceptance of the modified FanFund Terms.

Disclaimer of Warranties Related to our Services

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Grandstand EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Grandstand MAKES NO WARRANTY THAT (I) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Grandstand WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Grandstand  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL Grandstand ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Grandstand IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

Arbitration

At our sole election, all disputes, claims, or controversies arising out of or relating to these Terms or our services that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before the American Arbitration Association in accordance with the Commercial Rules of the American Arbitration Association. Notwithstanding the foregoing, Grandstand reserves all rights to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the content of our services, breach of your confidentiality obligations, or any other violations of these Terms.

General

Modification. We may modify these Terms at any time. We will post the changes on our website with the effective date. Your continued use of our website or our services after the date of any such changes become effective constitutes your acceptance of these Terms.

Governing Law. Terms will be governed by the laws of Delaware without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and Grandstand agree to submit to the personal and exclusive jurisdiction of the local courts located in Manhattan and the federal courts located in the United States District Court for the Southern District of New York. Grandstand may assign or transfer these Terms, in whole or in part, without restriction.

No Waiver. The failure of Grandstand to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of our services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Us

Grandstand Headquarters Address:

251 W 30th St, New York, NY 10001

contact@grandstand.io

Phone: (646) 960-7433