MVPIndex – Standard Terms of Service
These Terms of Service (the “Terms”) are a binding legal agreement between you and MVPindex.com regarding your use of our website (MVPindex.com) and our services (the website and services are collectively referred to as the “Service”).
We may periodically make changes to these Terms and will notify registered users of changes by posting updates to this Terms of Service page on our website. By using the Service, you accept these Terms and any modifications that we may make to these Terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification.
If you do not agree to any provision of these Terms, you must not use the Service.
By using the Service, you certify to us that you are at least 18 years of age and agree to be fully responsible for your use of the Website and any and all financial charges and legal liabilities that you may incur.
1. The Service
MVPindex.com provides an analytics and reporting solution for marketers and individuals that provides insight into the social media marketing footprint of athletes, teams, leagues, brands and other entities. The service collects and processes information through API’s from social media companies (collectively, the “Social Networks”) and the publicly available data for these parties and through access of internet-based keywords and associated phrases. MVPindex has developed a proprietary algorithm and ranking system that enables comparisons across the parties based on criteria solely established by MVPindex.com. The rankings are based on “reach” of audience, “engagement” with individuals and a “conversation” score where the Service seeks to associate positive and negative sentiment with individuals and apply a proprietary algorithm to allow comparisons within or across categories. A consistent criterion is used to establish the scores and rankings for each athlete in a category unless otherwise noted. In establishing “conversation” scores MVPindex may adjust scoring based on its interpretation of the data for accuracy purposes for some athletes on a case by case basis. Users of the website acknowledge that by accessing the data, they are viewing the result of these collective algorithms that are solely based on MVPindex’s subjective discretion. By using the Service, Users agree to not hold MVPindex.com liable and MVPindex accepts no legal responsibility for losses sustained by any party as a result of use of its data. MVPindex.com accepts no responsibility for inaccuracies of data provided by or collected from third parties.
2. Account Registrations and Data Subscription
You must have a Data License and Subscription or Master Services Agreement in place or agree to the Standard Terms of Service to use most features of the Service. MVPindex.com and the data and information contained on the website are intended for use by paid subscribers or licensors of the Service who are granted access to the data based on the level of subscription that is paid for.
Limited Access to a small amount of data may be provided to you free of charge. Regardless of whether you are a paid subscriber, licensor, trial licensor, or accessing the free data, you are still bound by these Terms. MVPindex.com reserves the right to implement fees or change the fees for services at any time by providing you notice on the Service or otherwise. When you subscribe to any paid Services, you authorize MVPindex.com or its third party payment processors to bill all applicable fees for your purchase in US dollars, including all applicable taxes, per the terms of the applicable Data License and Subscription Agreement, Master Services Agreement, or applicable Order Form or Statement of Work. All sales are final and we will not issue refunds for prepaid monthly fees, custom reports, set up fees, or trial license subscriptions.
4. Third-Party Data and Content
The Service utilizes API feeds from Social Networks and data feeds that provide the data used to determine scoring and rankings on MVPindex.com (“Third Party Data”). We may add or delete Third Party Data at our discretion. Under no circumstances will MVPindex.com be liable in any way for content accessed through Third Party Data API’s including but not limited to errors or omissions of any content or data. We make no guarantee as to the accuracy or completeness of Third Party Data.
The Service may contain links to Web pages and content of third parties (“Third-Party Content“) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. We may add or delete Third Party Content at our discretion
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.
The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Unless otherwise agreed to in writing, You acknowledge and agree that the Service shall be used, and is solely licensed, for the following purposes: (a) analyzing or creating derivative works of the Service, provided that the derivative works do not publicly display Third-Party Content or Third Party Data themselves; (b) creating products or services containing Tweets or Posts or other elements of the Service provided that:
(i) the Service is accessible solely through your products or services;
(ii) your products or services containing the Service are accessible solely to you and your current or prospective clients;
(iii) your products or services containing the Service do not contain any advertising; and
(iv) your clients are solely provided visual, not programmatic, access to products or services containing the Service. You may not allow your clients or other third parties to export any part of the Service to a data store as a service or other cloud-based service. However, you may provide for your clients the ability to export or extract non-programmatic, GUI-driven Materials as a PDF or spreadsheet by using “save as” or similar functionality; and subject to all Use Restrictions below.
6. Use Restrictions
You will not: (a) syndicate, sell, sublicense, lease, rent, loan, lend, transmit, network or otherwise distribute or transfer any of the data obtained from the Service in any manner, including without limitation through an application programming interface (“API”) or widget, to any third party; unless expressly authorized by MVPindex.com; (b) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (e) deep-link to any portion of the Service for any purpose without our express written permission; (f) “frame”, “mirror,” or otherwise incorporate any part of the Service into any other website without our prior written authorization; (g) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; (h) modify, create derivative works of individual content elements of the Service for public display using any Third-Party Content or Third-Party Data; (i) create a service intended to replace the Social Networks’ service, or a service which focuses on the visualization or curation of content for public display as a replacement of the Social Networks’ service; (j) remove, obscure or alter any copyright notices, trademarks or other proprietary rights notices affixed to or contained within the Service; (k) interfere with, modify, disrupt or disable features or functionality, including without limitation any such mechanism used to restrict or control the functionality of any Social Networks’ service. For the purposes of this Section, “syndicate” includes, but is not limited to (ii) delivering any data to a client or third party via an API, or (iii) making the Service available for download by a client or any third party, whether within your products or services or otherwise.
Your use of the Service must comply with the applicable Social Network Guidelines and Terms located at:
Twitter: https://dev.twitter.com/docs Facebook: https://developers.facebook.com/policy Google: https://developers.google.com/+/web/policiesInstagram: https://instagram.com/about/legal/terms/api/?hl=en
and as may be amended by each Social Network from time to time.
7. Modifications to the Service
MVPindex reserves the right to modify, discontinue or restrict all or part of the Service without notice at our sole discretion temporarily or permanently. We reserve the right to modify our algorithms, ratings and rankings at our sole discretion that could result in increases or decreases in individual rankings. You agree that MVPindex will not be liable to you or any other party for any modifications we make to the Service or the result from such changes.
8. Term and Termination
Your account remains in effect unless you cancel it or unless MVPindex terminates your account as provided by these Terms or any specific Terms of Service contained in any Master Services Agreement, Order Form, Statement of Work, or Data License and Subscription Agreement that you have signed with us.
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding material that you post on the Service in accordance with these Terms) (collectively “Feedback”), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
10. Intellectual Property/Copyright Infringement
We respect the intellectual property rights of others, and ask you to do the same. The Service may contain content and utilize mechanisms protected by patent, trademark, copyright or other intellectual property rights or laws. You agree to not scrape, copy, export or otherwise attempt to provide access to our data or provide our data to non-subscribers in a manner inconsistent with these Terms of Service.
MVPindex and MVPindex.com, its logo, and any other product or Service name or slogan contained on the Service are trademarks or registered trademarks of MVPindex.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
You acknowledge that each Social Network and any Third-Party Content provider retains all worldwide right, title, and interest in and to the Third-Party Data and Content, respectively, including all intellectual property rights therein. You also acknowledge that MVPindex retains all worldwide right, title, and interest in and to the MVPindex Data provided as part of the Service, including all intellectual property rights therein. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Service or any part thereof. Except for those rights expressly granted in these Terms, no other rights are granted, either expressed or implied, to you.
You will defend, indemnify, and hold harmless MVPindex, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
15. Disclaimer of Warranties
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MVPindex.com AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MVPindex.com DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING MVPindex.com THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
16. Limitation of Liability
NEITHER MVPindex NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF MVPindex.com OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF MVPindex.com AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO FEES PAID to MVPindex.com. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. General Legal Notices
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be unlawful or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of Texas. These Terms, including all Policies, constitute the entire agreement between you and MVPindex.com concerning the Service. These Terms supersede all prior agreements or communications between you and MVPindex.com regarding the subject matter of these Terms.
19. Questions & Contact Information
If you have any questions or concerns about the Service, or these Terms, you may contact MVPindex.com via email at info@MVPindex.com.
Updated: November 19, 2015
© 2015 MVPindex, Inc.