Terms of Service
Last Updated: March 19, 2023
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the NBMetrics app (the "Service") operated by Van City Studios ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
1. Accounts
1.1. When you create an account with us, you must provide us with accurate and complete information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
1.2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
1.3. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2. Subscription and Payment
2.1. We offer a paid monthly or annual subscription for the use of our Service. By signing up for a subscription, you agree to pay the applicable fees in accordance with the billing terms in effect at the time the fee becomes payable.
2.2. You authorize us to charge the payment method on file for the subscription fees and any other amounts owed under these Terms. We reserve the right to change the subscription fees at any time, and we will provide you with reasonable notice of any changes.
2.3. You may cancel your subscription at any time, but no refunds will be issued for any unused portion of the subscription term.
3. Limitation of Liability
3.1. In no event shall Van City Studios, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
4. Disclaimer
4.1. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, data security, or course of performance.
4.2. Van City Studios, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
5. Indemnification
5.1. You agree to defend, indemnify, and hold harmless Van City Studios and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) any violation of law or the rights of a third party.
6. No Waiver
6.1. No waiver by Van City Studios of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Van City Studios to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
7. Intellectual Property
7.1. The Service and its original content, features, and functionality are and will remain the exclusive property of Van City Studios and its licensors. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
8. Termination
8.1. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms.
8.2. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
9. Governing Law
9.1. These Terms shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.
9.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
10. Changes
10.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
10.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
11. Severability
11.1. 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.
12. Entire Agreement
12.1. These Terms constitute the entire agreement between you and Van City Studios with respect to the Service and supersede and replace any prior agreements, oral or written, regarding the Service.
13. Data Protection and Privacy
13.1. In addition to these Terms of Service, our Privacy Policy also applies to your use of our Service. The Privacy Policy describes how we collect, use, and protect your personal information. By using our Service, you agree to the terms of the Privacy Policy and acknowledge that it forms part of these Terms of Service.
13.2. If you are located in the European Economic Area (EEA), you have certain rights under the General Data Protection Regulation (GDPR) concerning the processing of your personal data. These rights are detailed in our Privacy Policy.
13.3. We are committed to safeguarding your personal information and have implemented appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction.
13.4. If you have any questions or concerns about data protection or privacy, please contact us at [email protected].
14. Contact Information
If you have any questions about these Terms, please contact us at [email protected].