Last Updated: March 6, 2024
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Diamond Kinetics (together with our affiliates, “Diamond Kinetics”, “we”, or “us”) provides an online community for motion analytics and related products, services, content and features through Diamond Kinetics websites (the “Diamond Kinetics Site(s)”), including the interfaces connected to Diamond Kinetics Devices (such as Diamond Kinetics motion sensors), and through mobile, desktop, or device applications (including iOS and Android applications (“Apps”)) and Diamond Kinetics-controlled social media pages (including on Facebook, Instagram, and Twitter). To make these Terms easier to read, the Diamond Kinetics Sites and Apps and Diamond Kinetics-controlled social media pages are collectively called the “Diamond Kinetics Service” or “the Services”. By registering as a member or by visiting, browsing, or using the Diamond Kinetics Service or by clicking to accept or agree to the Terms of Service when this option is made available to you, you (as a “user”) accept and agree to be bound and abide by these Terms of Service (“Terms”), which forms a binding agreement between you and Diamond Kinetics.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH DIAMOND KINETICS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW.
If you do not wish to be bound by these Terms, you may not access or use the Diamond Kinetics Service. Certain elements of the Diamond Kinetics Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Diamond Kinetics Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
We may, in our sole discretion, refuse to offer the Diamond Kinetics Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Diamond Kinetics Service is revoked where these Terms or use of the Diamond Kinetics Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Diamond Kinetics Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
Please review the Privacy Policy to learn about:
To enjoy full access to the Diamond Kinetics Service, you must register as a member of the Diamond Kinetics Service and enter into a subscription agreement for access to our Content and features (a “Subscription”). Your Subscription is also governed by the Membership Terms. You must provide complete and accurate registration information to Diamond Kinetics, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account; this includes furnishing your username and password to third-party developed applications to connect to your account for any reason. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Diamond Kinetics Service. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately.
By providing your mobile phone number and using the Services, you hereby affirmatively consent to Diamond Kinetics’s use of your mobile phone number for calls and recurring texts, (including with an autodialer and/or prerecorded voice) in order to (i) perform and improve upon the Services, (ii) facilitate the carrying out of our Services, and (iii) provide you with information and reminders regarding your registration, changes and updates, service outages or alterations. Diamond Kinetics will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by modifying your Account settings on the Site, texting “STOP” in response to any texts, or by emailing support@diamondkinetics.com and specifying you want to opt-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing support@diamondkinetics.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
Diamond Kinetics will provide information on its then-current membership and Subscription requirements on the Diamond Kinetics Site and/or by other means through the Diamond Kinetics Service. Features and prices are subject to change.
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Diamond Kinetics Service.
“User Content” means any content, information, and materials that may be textual, audio, or visual that users (including you) provide, submit, upload, publish, or make otherwise available through the Diamond Kinetics Service. Content includes, without limitation, User Content.
Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Diamond Kinetics Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Diamond Kinetics Service.
You are solely responsible for any User Content you generate, and we act merely as a conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Diamond Kinetics: (a) is not involved in the creation of User Content; (b) disclaims any responsibility for User Content; (c) cannot be liable for claims arising out of or relating to User Generated Content; (d) is not obligated to monitor, review, or remove User Content, but reserves the right to limit or remove User Content on the Services at its sole discretion; and (e) may remove or otherwise limit the submission of User Content if such content or User makes excessive use, as determined solely by Diamond Kinetics, of Diamond Kinetics’s system resources.
As between you and Diamond Kinetics, you represent that you own (or have all rights necessary to grant Diamond Kinetics the rights below to) all User Content that you submit to the Diamond Kinetics Service, and that Diamond Kinetics will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Diamond Kinetics a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Diamond Kinetics Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Diamond Kinetics or through the Diamond Kinetics Service about improving or adding new features or products to the Diamond Kinetics Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Diamond Kinetics a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Diamond Kinetics Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
You hereby represent and warrant to Diamond Kinetics that for all User Content (including but not limited to livestreams of youth sports events) that includes any information (including Personal Information (as defined in the Privacy Policy)) about any individuals, players, organizations, or teams (each a “Non-User”), you have received express written consent from all Non-Users to include the types of information (including Personal Information) of such Non-User in your User Content notwithstanding the extent to which such Non-User may otherwise be a user of the Site or Services (“Non-User Consent”). In the event that a Non-User is under the age of 18 or the applicable legal age of majority, you hereby represent and warrant that you have received Non-User Consent from such Non-User’s parent or legal guardian.
We may take additional steps to confirm the existence of Non-User Consent. If we at our sole discretion believe that Non-User Consent is not present or unclear, we may elect to remove related User Content and take any other action we deem appropriate, including but not limited to terminating or limiting your use of the Service.
You hereby expressly consent to the use and disclosure of any and all information about you (including being featured in livestreams or related videos) in User Content by other users of the Services.
These Terms are between you and Diamond Kinetics, and not with the App Provider, and Diamond Kinetics (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Diamond Kinetics.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Diamond Kinetics will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider and its affiliates are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that
You must also comply with all applicable third party terms of service when using the App.
You agree not to do any of the following:
You also agree to abide by the Diamond Kinetics Community Guidelines and Moderation Policy.
Although we’re not obligated to monitor access to or use of the Diamond Kinetics Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Diamond Kinetics Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Diamond Kinetics Service and Diamond Kinetics’s systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Diamond Kinetics Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
When interacting with other Diamond Kinetics members, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Diamond Kinetics Service, whether regarding payment or delivery of specific goods and services, donations or fundraisers, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Diamond Kinetics is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.
You agree to indemnify, defend, and hold harmless Diamond Kinetics and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to
Downloading and/or installing any third party software and/or applications that are not expressly authorized by Diamond Kinetics on any Diamond Kinetics hardware constitutes a breach of these Terms; any such downloading or installation is done at your own risk and may void any applicable warranty or support commitments by Diamond Kinetics.
There may be links on the Diamond Kinetics Service that let you leave the particular Diamond Kinetics Service you are accessing in order to access a linked site that is operated by a third party. Diamond Kinetics neither controls nor endorses these sites, nor has Diamond Kinetics reviewed or approved the content that appears on them. Diamond Kinetics is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party sites. You acknowledge and agree that Diamond Kinetics is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party sites.
As part of the functionality of the Services, you may link your Account with online accounts you may have with third-party service providers, such as Facebook or YouTube (each social networking service a “SNS,” and each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Services; or (ii) allowing SidelineHD to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to SidelineHD and/or grant SidelineHD access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating SidelineHD to pay any fees or making SidelineHD subject to any usage limitations imposed by such third-party service providers. By granting SidelineHD access to any Third-Party Accounts, you understand that (1) SidelineHD may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Services via your Account, including without limitation any friend lists, and (2) SidelineHD may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your Account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or SidelineHD’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account on the Services and your Third-Party Accounts at any time, as set forth below. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY PROVIDERS. SidelineHD makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and SidelineHD is not responsible for any SNS Content.
We operate with external services and Third-Party Accounts that may have their own terms of use and may collect information used to identify you. When using these external services and Third-Party-Accounts, you agree to be bound by these terms:
· Google Sign-in Service: https://www.google.com/policies/privacy/
· YouTube API Services: https://www.youtube.com/t/terms
· Facebook Sign-in Service: https://www.facebook.com/policy.php
· Functional Software, Inc.: https://sentry.io/privacy/
Diamond Kinetics reserves the right to modify the Diamond Kinetics Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Diamond Kinetics Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Diamond Kinetics Service. Diamond Kinetics has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Diamond Kinetics Service is suitable for all users or that it will continue to be available for any length of time.
Diamond Kinetics provides the Diamond Kinetics Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Diamond Kinetics Service at your own risk. Other than as expressly provided in writing by Diamond Kinetics in connection with your purchase of a Diamond Kinetics product, to the extent permitted by law, Diamond Kinetics expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, Diamond Kinetics makes no representations or warranties:
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE DIAMOND KINETICS SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
To the fullest extent permitted by law:
Diamond Kinetics shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Diamond Kinetics Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
Diamond Kinetics’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Diamond Kinetics over the 12 months preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of Diamond Kinetics’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Diamond Kinetics and you.
You acknowledge and agree that your use of the Diamond Kinetics Services and any Content contained therein is dependent upon you agreeing to and abiding by these Terms at all times. You further acknowledge that the Diamond Kinetics Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Diamond Kinetics-generated content, and content provided to Diamond Kinetics by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and Diamond Kinetics, Diamond Kinetics own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the Diamond Kinetics Service.
Diamond Kinetics respects the intellectual property rights of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s copyrights, trademarks, or other intellectual property rights. While we appreciate your enthusiasm for the Diamond Kinetics brand, the Diamond Kinetics Service, and community, we ask that you respect our intellectual property rights.
As between you and Diamond Kinetics, Diamond Kinetics owns the Diamond Kinetics Service, the Content, trademarks, copyrights, patents, and any other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials and information displayed on or otherwise made available through the Diamond Kinetics Service, other than content that has been licensed to us by third parties (collectively, “Diamond Kinetics IP”). This includes all intellectual property and proprietary rights in and to such Diamond Kinetics IP. As a reminder, the Diamond Kinetics Service is only for your personal, non-commercial use.
The Diamond Kinetics name, logos and affiliated properties, designs, trademarks, service marks, trade names and trade dress (collectively, “Trademarks”) are the exclusive property of Diamond Kinetics Interactive, Inc. and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Diamond Kinetics Service or in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the Diamond Kinetics Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Diamond Kinetics Service. All rights not expressly granted in these Terms are reserved.
You may submit this information, or any counter-notice, via:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Diamond Kinetics respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the Diamond Kinetics Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the Diamond Kinetics Intellectual Property and DMCA Policy for directions on how to report it to us.
In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by regular mail sent to the attention of Diamond Kinetics’s Legal Department at the Diamond Kinetics address set out in Section 20 below within 30 days following the date you first agree to these Terms.
All matters relating to the Diamond Kinetics Service and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction). The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case located in the City of Pittsburgh in Allegheny County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Diamond Kinetics, Inc.
700 River Avenue, Suite 600
Pittsburgh, PA 15212
Nothing in these Terms or otherwise limits Diamond Kinetics’s right to object to subpoenas, claims, or other demands.
Membership Terms
Privacy Policy
Terms of Use
In the event of a conflict between any policies posted on the Diamond Kinetics Service and these Terms, these Terms will control. These Terms represent the entire understanding between Diamond Kinetics and you regarding the Diamond Kinetics Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
