Terms of Service

Please read these Terms of Service carefully. These Terms constitute a legally binding agreement between you and the Operator. Section 13 (Dispute Resolution) and Section 11 (Limitation of Liability) affect your legal rights.

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of HawkeyeAddict, including the website at https://hawkeyeaddict.app and the HawkeyeAddict iOS application (collectively, the “Service”), each operated by [Operator] (“we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Service.

2. Description of Service

The Service is an aggregator and presentation layer for publicly available information concerning University of Iowa intercollegiate athletics, including, without limitation, news headlines and excerpts, schedules, rosters, statistics, podcasts, video links, and historical records (collectively, the “Aggregated Content”). The Service does not author, endorse, control, or warrant the accuracy or completeness of the Aggregated Content; it sources, organizes, and links to material published by third parties.

The Service is provided as a free, ad-supported information resource. We reserve the right to add, modify, suspend, or discontinue any feature or component of the Service at any time, with or without notice.

3. No Affiliation with the University of Iowa

The Service is independently operated and is not affiliated with, sponsored by, endorsed by, or otherwise connected to the University of Iowa, the Iowa Hawkeyes, the Big Ten Conference, the National Collegiate Athletic Association (“NCAA”), or any of their respective subsidiaries, affiliates, licensees, or associated entities. References to teams, players, conferences, schools, mascots, or other identifiers are made solely for the purpose of describing the Aggregated Content and constitute nominative use under applicable trademark law. All third-party trademarks remain the property of their respective owners.

4. Eligibility

The Service is offered to users who are at least thirteen (13) years of age. By using the Service you represent that (a) you meet the foregoing age requirement; (b) you have the legal capacity to enter into these Terms; and (c) your use of the Service complies with all applicable local, state, federal, and international laws, rules, and regulations.

5. License to Use the Service

Subject to your continuing compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use. This license does not include any right of reproduction, redistribution, or derivative use beyond the bounds of fair use.

6. Intellectual Property

6.1 Service Materials

The design, layout, source code, scripts, original textual commentary, branding, logos, trade dress, and other original elements of the Service (collectively, the “Service Materials”) are owned by us or our licensors and are protected by United States and international copyright, trademark, trade-dress, and other intellectual-property laws. Except for the limited license granted in Section 5, no rights in the Service Materials are transferred to you.

6.2 Third-Party Content

Articles, summaries, statistics, schedules, photographs, videos, audio recordings, podcast metadata, team logos, and similar content presented or linked to within the Service are the property of their respective owners. We reproduce such content only to the extent permitted by (a) the publisher’s terms, RSS license, or API license; (b) the doctrine of fair use under 17 U.S.C. § 107; or (c) applicable nominative-use trademark principles. Where excerpts are presented, attribution and a link to the original source are provided.

6.3 DMCA Notice and Takedown

We respect the intellectual-property rights of others. If you are a copyright owner (or authorized agent) and believe that material accessible through the Service infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), to our designated agent at the address in Section 17, including:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed;
3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an email address;
5. a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

We will respond to properly submitted notices in accordance with the DMCA. Misrepresentations may subject the submitter to liability under 17 U.S.C. § 512(f). Repeat infringers may be barred from accessing the Service.

7. Acceptable Use

You agree not to:

1. access, scrape, harvest, or otherwise extract content from the Service by automated means (including bots, crawlers, and scrapers) other than as expressly permitted by our robots.txt directives or any documented public APIs;
2. interfere with or disrupt the Service or its underlying infrastructure, including by submitting malicious payloads, denial-of-service traffic, or excessive request volumes;
3. probe, scan, or test the vulnerability of any Service system or attempt to bypass any rate-limit, authentication, or access-control mechanism;
4. use the Service in any manner that infringes or misappropriates the intellectual-property rights of any party;
5. submit unlawful, defamatory, harassing, threatening, abusive, obscene, or otherwise objectionable content via any feedback or input mechanism;
6. impersonate any person or entity or misrepresent your affiliation with any person or entity;
7. reproduce, redistribute, sublicense, sell, or commercially exploit any portion of the Service or the Service Materials without our prior written consent; or
8. use the Service in violation of any applicable law or regulation.

We reserve the right (but assume no obligation) to investigate, restrict, suspend, or terminate access of any user we reasonably believe to have violated this Section.

8. Feedback and User Submissions

If you submit any feedback, suggestion, idea, comment, or other communication to us through the Service or otherwise (collectively, “Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide, fully paid-up, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit such Feedback for any purpose, in any medium, without compensation or attribution to you. You represent and warrant that any Feedback you submit (a) is your own original work or you otherwise have the rights to grant the foregoing license, and (b) does not infringe the rights of any third party.

9. Third-Party Links and Services

The Service contains links to third-party websites, mobile applications, and online services. Such links are provided for convenience only. We do not control, endorse, or assume responsibility for the content, privacy practices, or business practices of any third party. Your interactions with third parties are solely between you and the applicable third party.

10. Disclaimer of Warranties

The Service and all content made available through the Service are provided “as is” and “as available,” without warranty of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, we disclaim all warranties, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and quiet enjoyment.

Without limiting the foregoing, we make no representation or warranty that (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) any information obtained from or through the Service will be accurate or reliable; or (d) any defects will be corrected.

The Service aggregates third-party content and is not the authoritative source for scores, statistics, rosters, or schedules. Always verify material information with the official source.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will we or our officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any damages for lost profits, lost revenues, lost data, business interruption, or loss of goodwill, arising out of or relating to your access to or use of (or inability to access or use) the Service, regardless of the legal theory asserted (contract, tort, statute, or otherwise), and even if we have been advised of the possibility of such damages.

Our aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) one hundred U.S. dollars (US$100) or (b) the amounts, if any, actually paid by you to us for the Service in the twelve (12) months preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages; the foregoing limitations apply only to the extent permitted by applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless [Operator] and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual-property or privacy right; or (d) any Feedback or other content you submit through the Service.

13. Governing Law; Venue; Dispute Resolution

13.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Service will be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict-of-laws principles, and, where applicable, the laws of the United States.

13.2 Forum

The state and federal courts located in Polk County, Iowa shall have exclusive jurisdiction over any action arising out of or relating to these Terms or the Service, and you consent to the personal jurisdiction of, and venue in, such courts.

13.3 Informal Resolution

Before filing any claim, you agree to attempt to resolve the matter informally by contacting us through our feedback form at hawkeyeaddict.app/feedback and providing a written description of the dispute. If the dispute is not resolved within thirty (30) days of receipt of such notice, either party may proceed to file a formal claim.

13.4 Class-Action Waiver

To the maximum extent permitted by applicable law, you and we agree that any dispute will be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

13.5 Time Limitation

Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action accrues, or be forever barred.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including without limitation if we believe you have violated these Terms. Upon termination, the rights granted to you under Section 5 will immediately cease. The provisions of Sections 6, 8, 10, 11, 12, 13, 14, and 16 will survive any termination.

15. Changes to Terms

We may revise these Terms at any time by posting an updated version to this page. The “Last Updated” date at the top of these Terms reflects the most recent revision. Material changes will, where reasonably practicable, be highlighted at the top of these Terms or otherwise notified through the Service. Your continued use of the Service after the effective date of any revision constitutes your acceptance of the revised Terms.

16. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy and any other policies we publish on the Service, constitute the entire agreement between you and us regarding the Service and supersede any prior or contemporaneous agreements, communications, or understandings.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision.

Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law without notice to you.

No Agency. Nothing in these Terms creates any agency, partnership, employment, or joint-venture relationship between you and us.

Headings. Section headings are for reference only and do not affect the interpretation of these Terms.

Notices. We may provide notices to you by posting them on the Service or by emailing them to any address you have provided. You may provide notices to us through our feedback form at hawkeyeaddict.app/feedback, except that notices to our designated agent under the Digital Millennium Copyright Act must be transmitted as required under Section 6.3 and directed to the address in Section 17.

17. Contact

General inquiries. For all questions, requests, and notices regarding the Service or these Terms (other than DMCA notices, addressed below), please contact us through our feedback form at hawkeyeaddict.app/feedback. The Service is operated by [Operator].

DMCA Designated Agent. Notices of alleged copyright infringement under Section 6.3 must be sent to the designated agent in writing at the following address, which constitutes the designation registered with the U.S. Copyright Office pursuant to 17 U.S.C. § 512(c)(2):

[Operator]
Attn: DMCA Designated Agent
[Address]
Email: [email protected]