These Terms of Service (“Terms”) are between you and OffScript, LLC (“OffScript,” “we,” ”our,” or “us”). The Terms govern your access to and use of OffScript’s mobile application (the “App”), including any goods and services offered on or through it.
The App allows you to earn and receive payment for communicating with customers called “Fans.” By using the App, you agree to be bound by these Terms. OffScript may terminate your ability to use the App without notice if you do not comply with the Terms, privacy policy, or freelancer contract. If you do not agree to these Terms, you must not access or use the App. Different terms apply to App users who qualify as Fans.
Athletes, like yourself, are bound by our “Freelancer Contract” and are to be governed and follow all guidelines agreed to hereby incorporated into these Terms.
You must be at least 18 years old to use the App.
OffScript reserves the right to make changes to the App and to the Terms at any time. All changes are effective immediately when posted. Your continued use of the App following the posting of the revised Terms means that you accept and agree to the changes.
All Information that OffScript collects on this App is subject to our Privacy Policy available in the App here: (https://www.offscriptapp.com/user-agreements/privacy-policy). The Privacy Policy explains what we mean by “Information.” By using the App, you consent to all actions we take regarding your Information in compliance with the Privacy Policy. The Privacy Policy is incorporated into and governed by these Terms. To the extent there is a conflict, the Terms supersede the Privacy Policy and Freelancer Contract.
All App Content (as defined below) is current as of the date it is posted on the App to the best of OffScript’s knowledge.
The App and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“App Content”) are the property of OffScript or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.
The OffScript name and related logos are trademarks and service marks (“Marks”) of OffScript. Marks may not be used without advance written permission of OffScript, including in connection with any product or service that is not provided by OffScript, in any manner. This includes but is not limited to any use that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents OffScript. Other products or company names mentioned on the App may be trademarks or service marks of their respective owners.
If you believe that any content on the App violates your intellectual property rights, please notify OffScript as described in Section 21.
OffScript grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the App Content and to engage in transactions and permitted communications on the App, with limited license OffScript may revoke at any time, for any reason. You may not download, print, copy, distribute, or otherwise use App Content for commercial purposes, including publication, sale, or personal gain. The only exception is that you will be paid for responding to Fan's questions, as described in the Freelance Contract.
You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the App Content.
You may use the App only for lawful purposes and in accordance with these Terms. You agree that you will not:
To access portions of the App, you will be asked to provide registration details or other Information. All Information you provide must be complete, current, and accurate. All information you provide to register with the App, complete a transaction through the App, or otherwise is governed by our Privacy Policy, and you consent to all actions OffScript takes with respect to your Information consistent with our Privacy Policy. Each User may have only one account.
When creating an athlete account you will be taken through athlete onboarding. When going through onboarding all information must be correct and cannot be false or misleading. You must use your real name unless you are known by another name which makes it easier for fans to find you.
You agree to provide true, accurate, and current information about yourself. You agree not to create an App account using a false identity or by providing false information, including on behalf of another person.
You are exclusively responsible for conforming your communications with other Users to the requirements of these Terms and any other policies or guidance the App contains. Your communications are not private and may be shared with other Users. Do not send private information to other Users through the App.
You must treat other Users with respect and communicate in a civil manner, and you must comply with the Content Standards in Section 8. You may not contact other Users by any means other than within the App platform or encourage them to contact you off the App.
You, as an Athlete, will be receiving payment for replying to your Fans, described in the Freelancer Contract. Your messages must comply with the Content Standards in Section 8. You understand and agree that you are a representative of OffScript and will respond to your Fans in a civil manner and to the best of your ability reply to their messages in good faith.
You are responsible for maintaining the confidentiality of your User name and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify OffScript immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. OffScript reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in OffScript’s opinion, you have violated any provision of these Terms.
The App allows Users to post, submit, upload, publish, display, or transmit to other Users or other persons (“post”) content and messages (“User Contribution(s)”) on or through the App. All User Contributions must comply with these Terms and the content standards set out below. As an Athlete, all responses must comply with these Terms and the content standards set out below.
Any User Contribution you post to the App or make available on the App is non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual and exclusive right to use, reproduce, display, distribute, create derivative works of and otherwise disclose to third parties any such material for the purpose of providing the App to you and other Users and for any other purpose. Intellectual property rights are further explained in our Freelancer Contract.
You represent and warrant that:
We are not responsible or liable to any third party for the content or accuracy of any User Contribution or replies posted by you or any other User of the App.
These content standards apply to all User Contributions and Replies. User Contributions and Athlete replies must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions and Athletes Replies must not:
OffScript is not obligated to monitor User Contributions or Athlete Replies but may do so for purposes of evaluating compliance with these Terms and related purposes. If you have concerns about a User Contribution, follow the steps outlined in Section 21 to contact OffScript.
OffScript may remove any User Contributions or Athlete Replies from the App at any time, for any reason, without prior notice.
This App includes content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of OffScript. OffScript is not responsible for the content or accuracy of any materials provided by any third parties.
OffScript may provide links to external websites or apps for the convenience of App Users. The inclusion of an external link on this App does not constitute or imply support or endorsement of any kind. OffScript does not control those websites or apps, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party apps linked from this App, you do so entirely at your own risk and subject to the terms of service and the privacy policy for such websites or apps.
YOU EXPRESSLY AGREE THAT USE OF THE APP, INCLUDING CONDUCTING TRANSACTIONS RELATED TO IT AND COMMUNICATING WITH OTHER USERS, IS AT YOUR SOLE RISK. THIS APP AND PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS-IS” BASIS.
OFFSCRIPT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS APP OR ANY OTHER APP TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, OFFSCRIPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
YOU EXPRESSLY AGREE THAT OFFSCRIPT, ITS DIRECTORS, ITS FREELANCERS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS APP, ANY APP FOR WHICH IT PROVIDES LINKS, ANY COMMUNICATIONS USING THE APP, OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE APP, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS IS TO STOP USING THE APP. OFFSCRIPT WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE APP IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. OFFSCRIPT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED USE OR DISCLOSURE OF COMMUNICATIONS, INCLUDING ANY PERSONAL INFORMATION BELONGING TO A USER, OR A THIRD PARTY.
OFFSCRIPT’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, PRODUCTS, SERVICES, OR APP CONTENT, WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless OffScript, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, freelancers, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third party claims, expenses and fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Contributions, any use of the App Content, services, and products other than as expressly authorized in these Terms.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree that a breach of these Terms will cause irreparable injury to OffScript for which monetary damages would not be an adequate remedy and OffScript shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
No waiver by OffScript of a term or condition or freelancer contract set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of OffScript to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms, our Privacy Policy, the Freelancer Contract, and any OffScript policies and requirements on the App constitute the sole and entire agreement between you and OffScript with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App.
These Terms will remain in full force and effect while you use the App and until terminated by OffScript. After termination, the provisions of these Terms that by their nature are intended to survive will remain binding on you, including Sections 1, 2, 5-21, and the Privacy Policy.
You agree that OffScript, in its sole discretion, may suspend or terminate your access to the App (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
19. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of California will govern these Terms and any disputes under them, without giving effect to any principles of conflicts of laws.
Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in San Francisco, California. Any arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one User cannot be arbitrated or litigated jointly or consolidated with those of any other User.
By downloading the App from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
OffScript may contact you regarding these Terms or the Privacy Policy using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from OffScript, you can click on the “unsubscribe link” provided in such communications or contact us at contact@offscript.app.
For all other feedback, comments, requests for technical support, and other communications relating to the App, these Terms, and the Privacy Notice, please contact us at contact@offscript.app or by mail at:
OffScript, LLC
1714 Homes Ave
Ashland, Oregon 97520
