Break the Love Inc. (hereinafter “BTL”,“we”, or “us”) provides the website https://www.breakthelove.com/ (the “Site”), our application (the “Application”), our software, data, content, information, tools, functionality, updates, and similar materials delivered or provided by us (collectively, the “Service”), subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”).
This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into this Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service.
This Agreement is subject to change. If this Agreement changes, we will let you know by posting the revised Agreement on the Service and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to this Agreement (or other method of legal acceptance) means you accept such changes. Please refer to the “Last Updated” date above to see when this Agreement was last updated.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive, and use the Service. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
The Service is designed to serve as an online platform for sports enthusiasts (“User”) and related organizations (“Brands”) to connect, learn, and organize and attend events (“Events”).
In order to access or use certain aspects of our Service, its content, or its functionality, you may need to create an account with us (“Account”), which may, depending on the type of Account, have to be paired with one or more payment methods (“Payment Method”), including without limitation your bank account, credit card number, credit card verification or other security code, the expiration date of your credit card, and/or your address. All information about your Payment Method(s) must be accurate and complete. Verification of information may be required prior to the completion or acknowledgment of setting up any Payment Method.
In order to download and use the Application, you must download it from either your Apple App Store or Google Play Store (each an “App Store”) account to your mobile device.
For the purposes of this Agreement, if you are an employee, agent, or other representative of a company or an organization, “you”, “your”, and similar terms shall refer to such entity and your ability to bind it legally to the terms of this Agreement.
You must be at least thirteen (13) years old to have an Account. By creating an Account, you represent that you meet(s) this minimum age requirement. In the event an User is under the age of thirteen (13), their parent or guardian (each a “Parent”) can manage the child’s information in the Parent’s Account.
Some parts of the Service may not be available to the general public, and we may impose additional eligibility rules from time to time on those portions of the Service. We reserve the right to amend or eliminate these eligibility requirements at any time.
By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, and that you commit to abide by all the terms and conditions herein.
While we make reasonable efforts to ensure that the Service remains available at all times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that you will be able to access or use the Service, or its features, at all times.
By electing to participate in an Event, in addition to the other terms herein, you agree: (i) that you may be required to pay third-party fees related to an Event (e.g. equipment fees or session time), and if applicable that you will do so in advance of the Event; (ii) that we may make your contact information available to other Event participants, and if applicable, sponsors or hosts of such Event, including Brands; (iii) to honor other participants’ request to cease contacting them about a particular Event; and (iv) that you will not disclose the contact information of another participant to a third party unless that participant provides their express written consent to do so.
The Service, and any Content (defined below) posted therein, are for information purposes only. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
The Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The materials appearing on the Services are for information purposes only and are not intended to and DO NOT constitute medical advice. If you access the materials appearing on the Services, you should not act upon them without first seeking the advice of a medical professional, and are otherwise feeling well. The materials should not be used as a substitute for consultation with a professional adviser.
Our Service is maintained by charging fees to Users and to Brands. To do this, we may use a third-party payment processor (the “Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor.
Users may be, and hereby agree that their Payment Method will be, charged transactional fees including, but not limited to for Events they wish attend or participate in (“Transactional Fees”), whether such Event(s) are singular or recurring in nature. Transactional Fees for one-off Events shall be charged upon a User’s registration for such Event.
For recurring Events, the User acknowledges that it may be required to pay fees for ongoing, self-renewing monthly access to the Service (“Subscription”) and that User’s Payment Method will be charged in the amounts and at the times identified at the time User registers for the first occurrence of such Event. When you sign-up for a Subscription, you will be granted access to the Event for the length of time identified when you signed up (“Subscription Term”). We reserve the right to change the applicable Subscription fees or charges and to institute new fees and charges at the end of the current Subscription Term, upon thirty (30) days prior notice to the user, which may be sent by email. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION, UNTIL THE USER PROVIDES PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT IT HAS TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
A Brand may also be charged certain fees to the extent that they agree to host and/or sponsor an Event (“Sponsorship Fees”), and the Brand agrees and acknowledges that BTL may, through its Payment Processor, charge the Brand’s Payment Method for the Sponsorship Fees at the time that the Brand agrees to host and/or sponsor such Event.
Each User or Brand, as applicable, hereby represents and warrants that it has the legal right to use any credit card(s) or other payment means used to initiate any transaction. We will automatically charge applicable User’s or Brand’s Payment Method when payments are due, as more fully identified on the Services.
An Account will be considered delinquent if payment in full is not successful when a charge is initiated. Unless specified in an invoice, amounts due are exclusive of all applicable taxes, levies, or duties, and the User or Brand, as applicable, will be responsible for payment of all such amounts. If a Brand or User, as applicable, believes that any specific charge under this Agreement is incorrect, in order to obtain a credit, it must contact us in writing within 30 days of invoice date setting forth the nature and amount of the requested correction; otherwise, invoices are final.
In addition to other applicable remedies, we reserve the right to suspend and/or terminate access to the Service and/or terminate this Agreement if a Payment Method is declined or fails and the corresponding Account therefore is delinquent. Charges to delinquent Accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs.
All fees are non-refundable, including any charges incurred prior to cancellation of a Subscription.
For any Subscriptions, the applicable User agrees that neither its license to the Service, nor the applicable recurring Event, is a service, repair, or maintenance to real or personal property.
If a user wishes to cancel its Subscription, it may do so at any time through its account. Previously incurred fees are non-refundable, and User shall remain responsible for any unpaid fees remaining in the then-current Subscription Term, if any. If a User or Sponsor cancels or terminates their Account (or Subscription, if applicable), such Sponsor’s or User’s right to attend, host, sponsor, or participate in an Event which they paid for in full prior to the effective date of termination shall survive termination of such Account, or Subscription.
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You represent and warrant:
You agree that you will not violate any applicable law or regulation in connection with your use of the Service or any Content (as defined below) contained therein.
You are solely responsible for any and all of the actions you take, or decisions that you make, relating to or arising from your use of the Service, including, but not limited to attending or participating in any Event.
You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submission”) or any graphics, text, information, data, designs, instructions and/or schematics, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (collectively “Content”) that:
You must keep your username and password and any other information needed to login to the Service, if applicable, confidential and secure. We are not responsible for any unauthorized access to your Account or profile by others.
You further agree that you will not do any of the following:
You are under no obligation to submit anything to us or through use of the Service, and unless otherwise noted, we will not claim ownership of any Submissions or Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce, create derivative works, and otherwise use the Submissions or Content that you make available to us, if any. Therefore, if you choose to submit any Submissions or Content through or on the Service, or otherwise make available any Submissions or Content through the Service, you hereby grant us a perpetual, irrevocable, transferrable, sub-licensable through multiple tiers, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Submissions or Content, including without limitation distributing part or all of the Submissions or Content in any media format through any media channels.
By submitting any Submissions or Content to us you hereby agree, warrant and represent that: (a) the Submissions and Content do not contain proprietary or confidential information, and the provision of the Submissions and Content is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) we are not under any confidentiality obligation relating to the Submissions, or Content; (d) we shall be entitled to use or disclose the Content or Submissions in any way, to the maximum extent permissible under applicable law; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.
You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.
You understand that by sharing information on the Service, by participating in the Service, and by requesting information to be sent through, or downloading information from, the Service, you may be revealing information about yourself, the entity that you represent, or your business that may include financial, credit, or similar information, including with other users. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials and using the Service, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.
Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the Service, and all enhancements, updates, upgrades, corrections and modifications thereto, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property and/or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense, and indemnification obligations survive any termination of this Agreement. In the event of termination of this Agreement for any reason, your access to, and registration for, all Events through the Service shall immediately terminate as well. All amounts and/or donations made through the Service are non-cancellable and non-refundable.
The Service may contain links to third-party websites, services, and materials. Such links are provided for informational purposes only, and we do not endorse any third-party website or services through the provision of such a link, nor do we promote or endorse any App Store.
The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third parties, including users other than you. We do not endorse any third party, including the App Stores, or third-party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE EVENTS, SERVICE, AND THE CONTENT THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, ALONG WITH OUR PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
FURTHER, OPINIONS, ADVICE, STATEMENTS, EVENTS, SUBMISSIONS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY PROVIDED BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT.
USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, ANY ACTS OR OMISSIONS BY THE APP STORES, OR THE ACTIONS YOU TAKE BASED ON THE SERVICE OR THE CONTENT, AND/OR ANY EVENTS, THEREIN, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of our parent entities, subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Events, Submissions or Content you submit, organize, host, sponsor, post to or transmit through the Service (b) your use of the Service or any Content therein, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service.
You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of Delaware shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Any arbitration between you and BTL shall have one (1) arbitrator.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Break the Love Inc., 28-10 Jackson Avenue, Suite 3C, Long Island City, New York 11101 USA.
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, shall be conducted in English, and shall be located in Wilmington, Delaware. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrators, will be strictly confidential for the benefit of all parties.
You and BTL agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and BTL agree that each have waived any right to a jury trial.
Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights, or to collect unpaid amounts.
To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in Wilmington, Delaware. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN DELAWARE.
Please see the Federal Trade Commission's website for (www.ftc.gov) for more information. Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. In the event that we update this Agreement, you will be notified through the Service and may be required to re-affirm the updated Agreement using the method we will specify.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.
Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
Electronic Signatures. You agree that your use of any electronic signatures will be as valid as any manual signatures, if authorized by local law, and you will ensure that your use of electronic signatures is in conformance with local laws and regulations.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: firstname.lastname@example.org.
Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
Copyright © Break the Love Inc. All rights reserved. The Service is the property of BTL, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Service, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.
If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
Break the Love Inc.
28-10 Jackson Avenue, Suite 33E
Long Island City, New York 11101
If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to email@example.com containing the following information:
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.
All notices given by you or required under this Agreement shall be in writing and addressed to: Break the Love Inc., 28-10 Jackson Avenue, Suite 33E, Long Island City, New York 11101 or sent via email to firstname.lastname@example.org.
Between August 13, 2022 and September 13, 2022 (“Reservation Period”), make a court reservation, while space lasts, by visiting breakthelove.com/clubs/amex and following the directions provided. If you are not already a member of a Break the Love Club, you will be required to become one. Membership is free. See terms at breakthelove.com. During the Reservation Period, specific time slots will be made available exclusively to American Express® Card Members. Any such time slot must be reserved using an American Express® Card. All court reservations are on first-come, first-served basis. Court reservations are subject to availability and may be changed or revoked at any time. Participants will not be admitted to the event any earlier than 10 minutes prior to reservation. In the event the courts are closed for weather, COVID or other reasons, reservations that have been cancelled or interrupted may be rescheduled at the discretion of American Express and Break the Love. American Express and Break the Love have sole discretion regarding schedule changes, delays or postponement whatever the reason. Parents or legal guardians can book for children and all children under 18 years of age must be accompanied by a parent or legal guardian. Participants agree to assume all risks of injuries and responsibility associated with their participation in or attendance at the event. Participants (and if minors, their parent or legal guardian) will be required to sign a waiver upon arrival.