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SYNERGY SPORTS SYSTEM AND SYNERGY SPORTS PORTAL TERMS OF USE


1   Your Acceptance

1.1  By accessing or using the Automated Video Capture System or Connected Stadium Solution (collectively, Synergy Sports System) or the client interface portal (Synergy Sports Portal), you acknowledge and agree to these terms and conditions of use (Terms). If you have registered for an Account as an authorized user of an organization that has entered into an agreement with Synergy Sports Technology, LLC (Synergy Sports) or its related entities regarding use of the Synergy Sports System and/or Synergy Sports Portal, that agreement shall govern in the event of any conflict or inconsistency between these Terms and that agreement, notwithstanding any statement to the contrary in these Terms.

1.2  You acknowledge and agree that the arena or venue (Arena) may host:

(a) basketball games which are covered by an agreement between Synergy Sports or its related entities (referred to as Synergy, Synergy Sports, we, our or us) and the league, association, club, franchise, team or other organization, person or entity (Client) which hosts or administers those basketball games (Client Games); or

(b) such other warm-ups, practices or other activity related to Client Games or any other games, warm-ups, practices or other events of whatever nature (Other Events) as permitted by the Arena from time to time.

1.3  These are the Terms on which Synergy permits you to:

(a) access and use the Synergy Sports System, which includes all camera equipment used to capture and record Client Games or Other Events held in the Arena (Synergy Sports Cameras) and the server to which the Synergy Sports Cameras are connected (Synergy Sports Server) which provides for the use of Synergy Sports’s production software (Synergy Sports Software);

(b) access, use and browse the client interface portal operated and maintained by Synergy Sports (including the Synergy Sports iPad App, SportsHub, MyArena and the Local Server Page), which provides you with the ability to manage the Synergy Sports System and to access data, including content captured and recorded by the Synergy Sports System, regardless of the device used to access Synergy Sports Portal; and

(c) offer the ability to access, use or browse the Synergy Sports System or the Synergy Sports Portal to third parties that use the Arena (including clubs, teams and associated persons), provided such access and use has been approved by Synergy Sports.

1.4  By agreeing to be bound by these Terms, you acknowledge that Synergy Sports will be collecting, using and disclosing Personal Information on the terms of these Terms and Synergy Sports’s Privacy Policy (available on our website at www.SynergySports.com (Website)) (Synergy Sports Privacy Policy).

1.5  Synergy Sports may, from time to time, review and update these Terms to take account of new laws, regulations, products, technology or other relevant changes in circumstances. Your use of the Synergy Sports System or the Synergy Sports Portal will be governed by the most recent Terms posted on our Website. By continuing to use the Synergy Sports System or the Synergy Sports Portal, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.

2   Registering an Account

2.1  You may be required to register or subscribe for an account in order to use the Synergy Sports System or the Synergy Sports Portal (Account). This Account belongs to you and, subject to these Terms or as otherwise authorized by us in writing, you should not share your Account with others. If you share your Account, you are responsible for the acts or omissions of any person who uses the Account on your behalf.

2.2  You warrant that all information and data provided by you in the registration process is accurate, complete and up-to-date. You will promptly inform Synergy Sports if there is any subsequent change to this information or data.

2.3  By registering an Account, you warrant to us that you are at least 18 years of age and possess the legal authority to enter into, and access and use the Synergy Sports System and the Synergy Sports Portal in accordance with these Terms.

3   Provision of the Synergy Sports System

3.1  Synergy Sports may, from time to time, make the Synergy Sports System available for your use to capture and record Client Games or Other Events held in the Arena. Synergy Sports remains the sole owner of all hardware (including the Synergy Sports System) that is installed in the Arena.

3.2  Synergy Sports reserves the right, at our absolute discretion, to:

(a) refuse or suspend access to the Synergy Sports System to any person or Arena (including, but not limited to, any person found to be in breach of these Terms); and

(b) change at all times, including after the date which you receive these Terms, the technical elements or characteristics of the Synergy Sports System.

3.3  Synergy Sports may suspend your use of the Synergy Sports System at any time, without notice, including where:

(a) the Synergy Sports System (or one or more of its components including any Synergy Sports Camera, the Synergy Sports Server or the Synergy Sports Software) requires maintenance or upgrading;

(b) we have a reasonable belief that you have used, or are using, the Synergy Sports System unethically, unlawfully or contrary to these Terms or any other applicable law or regulation; or

(c) access to, and use of, the Synergy Sports System is disrupted or prevented as a result of an event outside Synergy Sports’s reasonable control or for safety reasons.

3.4  You acknowledge that Synergy Sports is not obligated to provide you with any of the following in relation to your access to, and use of, the Synergy Sports System: internet connectivity; iPads; computers; mobile devices; microphones or other live audio commentary equipment; or free live streaming to platforms.

3.5  Synergy Sports aims (but owes you no obligation) to keep the Synergy Sports System free from any faults, errors or defects.

4   Use of the Synergy Sports System and Synergy Sports Portal and Fair Use

4.1  Your use of the Synergy Sports System and Synergy Sports Portal must comply with these Terms and be fair, reasonable and not excessive and will be subject to the Synergy Sports Privacy Policy. If we consider, in our absolute discretion, your usage to be unfair, unreasonable or excessive, without limiting clause 3, we may immediately suspend, modify or restrict your access to the Synergy Sports System or Synergy Sports Portal.

4.2  When using the Synergy Sports System or Synergy Sports Portal, you agree to comply with all applicable laws and regulations. In particular, you agree to:

(a) take reasonable care that your acts or omissions do not adversely affect the health and safety of others;

(b) comply, as far as you are reasonably able to, with any reasonable instruction or request that is given by Synergy Sports from time to time including any instructions for use set out at the Arena (which may be amended by Synergy Sports from time to time) or which are provided by an employee, contractor or other relevant authorized representative of Synergy Sports (Synergy Sports Representative) (where relevant) and any request to immediately suspend, modify or restrict your access to the Synergy Sports System;

(c) in respect of any Synergy Sports System, not move, change or otherwise alter the installation points of the Synergy Sports System (including the Synergy Sports Cameras and the Synergy Sports Server) without first obtaining our express written consent;

(d) in respect of any movement or change of Arena features (including, without limitation, the scoreboard) or any other aspects of the Arena that have been moved or changed between Client Games or Other Events which may affect your use of the Synergy Sports System, notify Synergy Sports in writing as soon as possible of such movement or change;

(e) in respect of any Synergy Sports System that requires maintenance, service, repair or replacement, notify Synergy Sports in writing within two business days of such requirement;

(f) use reasonable endeavors to prevent unauthorized access to the Synergy Sports System and to notify Synergy Sports if you are aware of such unauthorized access;

(g) not attempt to gain unauthorized access to the Synergy Sports System, including the Synergy Sports Cameras, the Synergy Sports Server or the Synergy Sports Software;

(h) not interfere with, or disrupt, the integrity of the Synergy Sports System, including the Synergy Sports Cameras, the Synergy Sports Server or the Synergy Sports Software, or any third party data; and

(i) not permit the Synergy Sports System to become a fixture or an accession to the Arena.

4.3  You acknowledge and agree that you are solely responsible for obtaining any authorization or consent necessary to use and distribute the audio, visual or audio-visual representations of recordings (including live streaming) and related content created through the use of the Synergy Sports System (“Content”) in accordance with these Terms.

4.4  You grant, and agree that Synergy Sports has, an exclusive, irrevocable and royalty-free right and license to:

(a) capture, copy, use, edit, enhance, supply, store and sub-license any and all Content;

(b) distribute, transfer and supply any and all Content (including any and all audio, visual or audio-visual representations or recordings (including live streaming) and related content), or do any such thing having a similar purpose or outcome, to any entity or person by any means; and

(c) promote, market and sell any and all Content, or have a third party do so on Synergy Sports’s behalf, including all activities reasonably related to or reasonably required to enable such promotion, marketing or sale.

4.5  Without limiting the terms of clause 3, Synergy Sports may:

(a) use any and all Content to create derivative data and video content;

(b) add commentary, graphics or other enhancements to such Content;

(c) analyze any and all Content; or

(d) extract data and insights from the Content, (Produced Content), which can then be used by Synergy Sports for the purposes of commercialisation, distribution or Synergy Sports’s own commercial benefit.

4.6  You acknowledge that we are not supervising your use of the Synergy Sports System or Synergy Sports Portal and that you are undertaking such use at your own risk.

5   Links on the Synergy Sports Portal

5.1  The Synergy Sports Portal may contain links to other websites. We have not reviewed all of the third-party websites linked on the Synergy Sports Portal and are not responsible for their content or accuracy. Synergy Sports provides third-party links as a ready reference for searching for third-party goods and services on the internet and not as an endorsement, support or sponsorship of those websites, their operators, the goods, services or content that they describe.

5.2  Dailymotion, YouTube and other websites which are able to be linked to the Synergy Sports Portal are not covered by these Terms. These websites may have their own terms and conditions and privacy policies. If you choose to access any linked sites, you do so at your own risk. Synergy Sports is not responsible for, and will not be liable in respect of, the content or operation of those websites or any of the goods, services or content that they describe. Synergy Sports is not responsible for, and will not be liable in respect of, any incorrect link to an external website.

6   Access to the Synergy Sports Portal

6.1  Synergy Sports does not warrant that you will have continuous access to the Synergy Sports Portal. Synergy Sports will not be liable if the Synergy Sports Portal is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.

6.2  Synergy Sports does not guarantee the delivery or security of communications over the internet, including the Synergy Sports Portal, as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.

6.3  Synergy Sports does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Synergy Sports Portal and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

7   Intellectual Property used in the Synergy Sports System and the Synergy Sports Portal

7.1  The Synergy Sports System and the Synergy Sports Portal are owned and operated by Synergy Sports.

7.2  All intellectual property rights including, without limitation, inventions, patents and applications thereof, software or computer programs, copyright and trade marks (whether registered or unregistered), service marks, utility models, registered or unregistered designs, databases, topography, trade secrets, know-how, trade or business names of Synergy Sports, images of people or places or other content (Intellectual Property) contained in the Synergy Sports System or the Synergy Sports Portal or otherwise provided to you by Synergy Sports are owned or licensed by Synergy Sports.

7.3  The Intellectual Property in the Synergy Sports System and the Synergy Sports Portal and any other information provided to you is for the purposes of your access to, and use of, the Synergy Sports System and the Synergy Sports Portal only. You acknowledge and agree that, while Synergy Sports has attempted to provide accurate information through the Synergy Sports Portal and on the Website, such information may change frequently and in no event will Synergy Sports be responsible for the accuracy, usefulness or completeness of the Intellectual Property in the Synergy Sports Portal and on the Website, nor does it warrant that any such Intellectual Property is the most current version thereof. Synergy Sports does not warrant or make any representations as to any third party products or services described or referred to in the Synergy Sports System or the Synergy Sports Portal or otherwise. Any use of the Intellectual Property by another person or organization is at the user's own risk.

7.4  Synergy Sports may modify any information in the Synergy Sports System or the Synergy Sports Portal (including Intellectual Property) at our absolute discretion for any reason, without notice. All updates and modifications to the Synergy Sports System or the Synergy Sports Portal (including Intellectual Property) will be subject to these Terms.

7.5  If you have a complaint regarding any Intellectual Property in the Synergy Sports System or the Synergy Sports Portal, Synergy Sports’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Intellectual Property.

8   Privacy

8.1  In registering for an Account and using the Synergy Sports System or the Synergy Sports Portal, you acknowledge and agree that you will comply with all laws relating to personality rights, privacy and any “personal information” or “personal data” (as those terms are defined in the relevant Privacy Law) (Personal Information) processed under or in connection with these Terms including, to the extent applicable and without limitation, US federal and state privacy and security laws, Swiss national data protection laws, the EU General Data Protection Regulation 2016/679 (“GDPR”) and Privacy and Electronic Communications Directive 2002/58/EC (as amended by Directive 2009/136/EC, and as may be superseded by the EU ePrivacy Regulation) and all national legislation implementing or supplementing the foregoing and all associated codes of practice and other guidance issued by any applicable data protection authority, all as amended, re-enacted and/or replaced and in force from time to time (Privacy Laws).

8.2  If your Account is not associated with an organization that has entered into an agreement with Synergy Sports regarding use of the Synergy Sports System or the Synergy Sports Portal, you acknowledge and agree that you are solely responsible for complying with Privacy Laws that apply to your use of the Synergy Sports System or the Synergy Sports Portal, including without limitation providing any required notices to or obtaining any consents from the participants whose Personal Information you may authorize Synergy Sports to collect. If you use the Synergy Sports System to record activity at an Arena located in the European Union or Switzerland, you (a) acknowledge and agree that you are the “controller” of those participants’ Personal Information as that term is defined in the GDPR and Swiss data protection laws, and that you are solely responsible for compliance with all controller obligations concerning the participants’ Personal Information under relevant Privacy Laws, and (b) acknowledge that (i) Synergy Sports's processing as processor is described in Appendix A and (ii) Synergy Sports's processing as controller is described in the Privacy Policy available on Synergy Sports’s website. If you use Synergy Sports System to record activity at an Arena located in the state of California, you acknowledge and agree that you are a “business” and Synergy Sports is a “service provider” as those terms are defined in the California Consumer Privacy Act.

8.3  If you have registered for an Account through an organization that has entered into an agreement with Synergy Sports regarding use of the Synergy Sports System or the Synergy Sports Portal, that agreement shall govern your obligations with regard to Personal Information.

8.4  You may provide your Personal Information to Synergy Sports and you agree that any information collected by Synergy Sports may be accessed or collected for use by Synergy Sports or any of its related companies or business partners in the course of its business (including direct marketing activities) in accordance with the Synergy Sports Privacy Policy and subject to change from time to time in accordance with its terms.

9   Indemnity

To the maximum extent permitted by law, you will fully indemnify Synergy Sports in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(a) any breach of these Terms by you;

(b) any breach of the Synergy Sports Privacy Policy or applicable Privacy Laws;

(c) your use of the Synergy Sports System or the Synergy Sports Portal; or

(d) your communications with Synergy Sports.

10   Warranties, Consumer Guarantees and Limitation of Liability

10.1  Your use of the Synergy Sports System and the Synergy Sports Portal is at your own risk. Synergy Sports’s services are provided on an ‘as is’ and ‘as available’ basis.

10.2  Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms in relation to any service supplied by Synergy Sports by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.

10.3  Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the relevant consumer protection legislation in your jurisdiction or any other applicable law that cannot be excluded, restricted or modified by agreement.

10.4  If our services come with guarantees or other rights to compensation that cannot be excluded under the relevant consumer protection legislation in your jurisdiction, you may be entitled to:

(a) terminate your Account with us; and

(b) a refund for any unused credit on your Account,

for major failures with the service.

10.5  Synergy Sports will not be liable to you for any damage of any kind to the Arena whatsoever arising from a failure by you to exercise reasonable care or comply with the requirements of the Synergy Sports System, the Synergy Sports Portal or with Synergy Sports’s or an Synergy Sports Representative’s instructions. To the maximum extent permitted by law, you agree to hold Synergy Sports harmless against any liability, claims, proceedings, costs, expenses and damages which Synergy Sports may suffer or incur as a result of a failure by you to comply with one or more of the following: the requirements of the Synergy Sports System, the Synergy Sports Portal, Synergy Sports’s or an Synergy Sports Representative’s instructions or your obligations under any applicable laws and regulations (including, for the avoidance of doubt, the Privacy Laws).

10.6  Synergy Sports will not be liable to you for any loss or damage to you or the Arena, indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with your use of the Synergy Sports System or the Synergy Sports Portal and all links to or from the Synergy Sports Portal unless, and to the extent that, such damage or loss is directly caused by:

(a) the gross negligence of Synergy Sports; or

(b) the fraud or willful breach by Synergy Sports of any of its obligations under these Terms,

provided that such loss or damage is reasonably foreseeable and is not caused by something beyond Synergy Sports’s control (including, for the avoidance of doubt, any act or omission of any third party, any force majeure event, any inability to access or use the Synergy Sports System in the Arena or any breach by you of these Terms).

10.7  Subject to this clause 10, to the maximum extent permitted by law, you agree that the maximum aggregate liability of Synergy Sports for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of USD$10,000.

11   Termination of your Account

11.1  Notwithstanding any other clause of these Terms, Synergy Sports may, at any time, immediately terminate your Account, including restricting access to the Synergy Sports System or the Synergy Sports Portal or any feature of the Synergy Sports Portal, for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

11.2  Synergy Sports may also terminate your Account if you do not use the Synergy Sports System or access the Synergy Sports Portal for any 12-month period.

11.3  Following any termination, you will remain responsible for any and all unpaid fees and charges associated with your Account. If such unpaid fees and charges are not promptly remitted, you may become liable for additional service charges, fees or penalties, and you may be subject to collection actions for any unpaid balance.

11.4  You grant Synergy Sports and the Synergy Sports Representatives an irrevocable right to access the Arena and do all things reasonably required to remove and recover the Synergy Sports System if your Account is terminated. We are able to exercise our rights under this clause 11.4 immediately without notice to you and without prejudice to any other rights we may have, including our ability to require you to return the Synergy Sports System to us at your cost (in our sole discretion). You indemnify Synergy Sports against responsibility for anything lawfully done in purported performance of this clause 11.4.

12   Jurisdiction and Governing Law

These Terms are governed by and must be construed in accordance with the laws of New York, without regard to its conflict of law rules. You submit to the exclusive jurisdiction of the courts of New York County, New York in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

13   Severability

13.1  If a provision of these Terms was to be declared inapplicable or invalid for any reason, that inapplicability or invalidity will not affect the application or validity of the other provision of these Terms.

13.2  Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

14   Contacting Synergy Sports

If you have questions about the Synergy Sports System, the Synergy Sports Portal or these Terms, including where you experience a fault or issue, please contact us online at [email protected].

Appendix A

EU Data Protection

  1. To the extent that you provide Synergy Sports or Synergy Sports (collectively referred to as “Synergy Sports”) with personal data of one or more natural persons in the European Union for processing in connection with your use of the Synergy Sports System or the Synergy Sports Portal (EU Personal Data), the parties shall comply with this Appendix A. For purposes of this Appendix A, the terms ‘controller’, ‘data subject’, ‘personal data’, ‘personal data breach’, ‘processor’, and ‘process’ have the meanings given to them in the General Data Protection Regulation (Regulation 2016/679) (GDPR) of the European Union (EU).

  2. With respect to EU Personal Data, the parties agree that the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller are as specified in the Agreement.

  3. Without prejudice to Synergy Sports's processing as controller set out in Synergy Sports’s Privacy Policy (available on Synergy Sports’s website) you hereby instruct Synergy Sports to process EU Personal Data only to perform the services as described in the Agreement and to exercise Synergy Sports’s rights and perform its obligations under the Agreement. You agree that any additional instructions you provide will be effective only with the prior written agreement of the parties. You agree that Synergy Sports may process EU Personal Data contrary to such instructions if required to do so by the law of the EU or its Member States, provided that Synergy Sports informs you of such requirement if legally permitted.

  4. So long as Synergy Sports processes EU Personal Data, whether during or after termination of the Agreement, Synergy Sports shall, without prejudice to Synergy Sports's processing as controller set out in the Synergy Sports’s Privacy Policy (available on Synergy Sports’s website):

    a. process EU Personal Data only in accordance with the instructions set out in Appendix A Section 3.

    b. process EU Personal Data in compliance with its obligations as a processor under the GDPR and other data protection laws of the EU and its Member States (Applicable Data Protection Law);

    c. immediately notify you if, in Synergy Sports’s opinion, your instructions with respect to the EU Personal Data infringe upon Applicable Data Protection Law;

    d. implement appropriate technical and organizational measures designed to secure EU Personal Data to a level appropriate to the risk of accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to EU Personal Data;

    e. ensure that any Synergy Sports personnel authorized to process the EU Personal Data are bound by obligations of confidentiality with respect thereto;

    f. provide you with assistance that you reasonably request to ensure compliance with Articles 32-36 of the GDPR;

    g. upon completion of the services, at your election, delete or return to you all EU Personal Data, unless Synergy Sports’s retention of such EU Personal Data is required by the laws of the EU or its Member States;

    h. at your cost and expense, make available to you all information that you reasonably request to demonstrate compliance with this Appendix A, and contribute to audits, including inspections, conducted by you or your designated auditor of Synergy Sports’s compliance with this Appendix A;

    i. only engage subprocessors for processing EU Personal Data after (i) informing you of the identity or specific category to which the subprocessor belongs and giving you the opportunity to object to such appointment, (ii) your approval of such subprocessor or the absence of any reasonable and documented objection within 2 weeks following such notice, and (iii) the signing with such subprocessor of an agreement containing the same data protection obligations as those in this Appendix A;

    j. inform you of any intended changes after the date of this Agreement concerning the addition or replacement of Synergy Sports’s subcontractors and give you the opportunity to object to the changes;

    k. remain liable for all actions and inactions of its subcontractors;

    l. not process EU Personal Data outside of the European Economic Area or any other country whose data protection laws are deemed adequate by the European Commission, except in accordance with a solution that enables the lawful transfer of personal data to a third country in accordance with Article 45 or 46 of the GDPR (for example, the EU-US Privacy Shield or the European Commission’s standard contractual clauses) (Data Transfer Solution).

  5. You:

    a. shall comply with your obligations as a controller under Applicable Data Protection Law;

    b. shall be solely responsible for obtaining all consents from, and giving all notices to, data subjects as may be required under Applicable Data Protection Law for Synergy Sports to process EU Personal Data as contemplated by the Agreement;

    c. hereby generally authorize Synergy Sports to engage subcontractors who will assist with processing of EU Personal Data pursuant to Appendix A Section 4.i, subject to Synergy Sports’s obligations under this Appendix A; and

    d. shall take such actions that Synergy Sports reasonably requests (which may include execution of documents) strictly required to give full effect to a Data Transfer Solution.







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