These Terms of Service ("Terms") are a legal agreement between you and Nerdette Ventures LLC, an Illinois limited liability company operating Warrior Walkup Music ("we," "us," or "our"), and govern your access to and use of the Warrior Walkup Music web application, mobile application, and related services (collectively, the "App"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
IF AN INDIVIDUAL IS AGREEING TO THESE TERMS ON BEHALF OF A LEGAL ENTITY SUCH AS A SPORTS ORGANIZATION OR SCHOOL, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY.
Warrior Walkup Music is a sports team music management platform that allows coaches and team managers to create, manage, and share walkup music playlists for players. The App integrates with Spotify to enable music search and playback. By using the App, you are entering into a legally binding contract with Nerdette Ventures LLC and agree to use the App only in accordance with these Terms. If you wish to terminate these Terms you may do so by closing your account and ceasing to use the App.
By accessing and/or using the App, you agree to our Privacy Notice, which is incorporated herein by reference and available at warriorwalkupmusic.com/privacy. You consent to any personal information we may obtain about you being collected, stored, and otherwise processed in accordance with the Privacy Notice and these Terms.
By accessing and/or using the App, you represent and warrant that you are at least thirteen (13) years of age. Users between the ages of 13 and 18 represent that a parent or guardian has reviewed and agreed to these Terms on their behalf. We do not knowingly collect or solicit personal information from children under the age of 13. If we learn we have collected personal information from a child under 13, we will delete it promptly. If you believe someone under 13 has provided us with personal information, please contact us at support@warriorwalkupmusic.com.
To use the App, you must create an account. You agree to:
We reserve the right, in our sole discretion, to restrict access to all or part of the App. We are not responsible for storing or maintaining any information you have provided unless explicitly agreed to in writing.
When accessing and using the App, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by posting notices in the App and/or by email. You may receive transactional and operational communications from Warrior Walkup Music. You may opt out of non-essential marketing communications at any time by contacting support@warriorwalkupmusic.com. You acknowledge that all agreements, notices, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Warrior Walkup Music integrates with Spotify. To use music playback and search features, you must:
We are not affiliated with Spotify AB. Your use of Spotify through our App is subject to Spotify's terms and policies. We are not responsible for any changes Spotify makes to its platform, APIs, or policies that may affect the functionality of our App, including but not limited to changes that may result in service interruptions.
We retain the right, in our sole and absolute discretion, to deny service, access, and/or use of the App to anyone at any time and for any reason. While we use reasonable efforts to keep the App accessible, it may be unavailable from time to time due to circumstances within or outside of our control, including routine maintenance. The App, including any features or offerings, may be modified, updated, suspended, or discontinued at any time without notice or liability.
You agree to use the App only for lawful purposes and in accordance with these Terms. You shall not:
We may take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the App.
Subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, non-sublicensable, revocable right to access and use the App for its intended purpose of managing sports team walkup music playlists. You may not reproduce, modify, distribute, create derivative works from, publicly display, republish, download, transmit, license, sell, or re-sell any content, software, or information obtained through the App without our express written permission.
The App and its entire contents, features, and functionality are owned by Nerdette Ventures LLC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The Warrior Walkup Music name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nerdette Ventures LLC. You must not use such marks without our prior written permission.
You retain ownership of content you create in the App, including playlist names, player assignments, and song configurations. By using the App, you grant us a limited, worldwide, royalty-free license to store, display, and process your content solely for the purpose of providing the service to you. You represent and warrant that you have all necessary rights to any content you submit, and that such content does not violate any third-party rights.
All music content is provided through Spotify and is subject to the rights of the respective copyright holders. Warrior Walkup Music does not claim ownership of any music content. Your access to and use of music through the App is governed by Spotify's terms and the rights of the applicable copyright holders.
If you choose to submit any questions, comments, ideas, suggestions, or other feedback ("Feedback") to Warrior Walkup Music, such Feedback is non-confidential and becomes the sole property of Nerdette Ventures LLC. We may use Feedback for any purpose, including developing, creating, and marketing products or services, without credit or compensation to you. You acknowledge you have no rights to any features or improvements developed based on your Feedback.
During your use of the App, you may have access to certain non-public information belonging to Nerdette Ventures LLC, including information relating to our business, technical, design, performance, commercial, marketing, competitive, or operational practices ("Confidential Information"). The structure, sequence, organization, and code of the App constitute valuable trade secrets of Nerdette Ventures LLC. You agree to use commercially reasonable efforts to protect and prevent unauthorized access to or disclosure of Confidential Information, using no less than a reasonable degree of care.
The App integrates with and may link to third-party services including Spotify, Google, and Anthropic. We do not control these services and are not responsible for their content, availability, policies, or security measures. We encourage you to read the terms and privacy policies of every third-party service you connect to through the App. We are not a party to any contracts created between you and third-party providers, and are not responsible or liable for any damage or loss caused by your use of third-party services.
When you share a playlist with other users, you grant those users the ability to view or edit your playlist as specified by the permissions you set. You are solely responsible for managing who has access to your playlists. We are not responsible for any unauthorized access resulting from sharing your access credentials or playlist links. You agree that Warrior Walkup Music is not responsible for the conduct of any users with whom you share playlists.
Occasionally there may be information in the App that contains typographical errors, inaccuracies, or omissions. We reserve the right to: (i) correct any errors, inaccuracies, or omissions; (ii) make changes to App content, features, and descriptions; and (iii) update or modify the App at any time, without obligation to issue notice of such changes.
If you believe content in the App infringes on any copyright you own or control, you may notify us at support@warriorwalkupmusic.com. A valid copyright infringement notice must include: (i) a signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work claimed to be infringed; (iii) a description of where the allegedly infringing material is located in the App; (iv) your contact information; (v) a statement of good-faith belief that the disputed use is not authorized by the copyright owner; and (vi) a statement, made under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL.
We specifically do not guarantee uninterrupted music playback during live events. Playback functionality is dependent on third-party services including Spotify and your internet connection. You acknowledge and agree that the use of the App for live game scenarios is at your own risk.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WARRIOR WALKUP MUSIC OR THROUGH YOUR USE OF THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, NERDETTE VENTURES LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR SERVICE INTERRUPTIONS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this Section.
You agree to indemnify, defend, and hold harmless Nerdette Ventures LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, proceedings, liabilities, losses, damages, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (i) your use, misuse, or abuse of the App; (ii) any use of the App in breach of these Terms or our Privacy Notice; (iii) your violation of any law or the rights of a third party; (iv) any User Content you submit that infringes or misappropriates any third-party right; or (v) fraud, intentional misconduct, or negligence by you.
We reserve the right, in our sole and absolute discretion, to suspend or terminate your account and access to the App at any time, without notice, without liability, and for any reason, including if we suspect you have violated any of these Terms. In the event of misuse actionable under federal, state, or local law, we retain the right to seek civil and/or criminal redress, the cost of which shall be borne by you.
You may terminate your account at any time by contacting us at support@warriorwalkupmusic.com. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including without limitation disclaimers, limitations of liability, and indemnification obligations.
We want to address your concerns without a formal legal proceeding. Before filing any claim against Warrior Walkup Music, you agree to try to resolve the dispute informally by contacting us at support@warriorwalkupmusic.com. We will attempt to resolve the dispute by contacting you via email. If we cannot resolve the dispute within thirty (30) days of submission, either party may proceed to arbitration as described below.
Except as set forth in Section 19.3, any and all controversies, disputes, claims, or causes of action between you and Nerdette Ventures LLC, including its employees, directors, officers, and agents, shall be exclusively settled through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA) in effect at the time proceedings begin. Any such claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. All information disclosed in connection with arbitration shall be treated as confidential business information. The arbitration shall be held in Cook County, Illinois, or any other location mutually agreed upon. Each party shall bear its own attorney's fees. All claims must be commenced within one (1) year after the cause of action arises.
Notwithstanding the foregoing, either party may seek preliminary or permanent injunctive relief or other equitable remedies without arbitration. Any claims related to Nerdette Ventures LLC's intellectual property rights or Confidential Information shall be adjudicated exclusively in the state or federal courts in Cook County, Illinois.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT AND YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
In the event the agreement to arbitrate is found not to apply to you or your claim, you and Nerdette Ventures LLC agree that any judicial proceeding will be brought exclusively in the federal or state courts of Cook County, Illinois. Both parties consent to venue and jurisdiction in such courts and waive any objection thereto.
Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are solely responsible for compliance with applicable local laws.
Pursuant to California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Any questions about pricing, complaints, or inquiries about Warrior Walkup Music may be directed to support@warriorwalkupmusic.com.
We may update these Terms at any time in our sole discretion. If we make changes that impact your use of the App, we will post notice of the change in the App and update the effective date above. Changes to these Terms shall not be retroactive. Your continued use of the App following any changes constitutes acceptance of those changes. If you do not agree to the updated Terms, you must stop using the App.
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. The parties agree that any cause of action arising under these Terms shall take place exclusively in the courts situated in Cook County, Illinois, and the parties hereby submit to the venue and jurisdiction of those courts, waiving any objection thereto.
These Terms, together with our Privacy Notice, constitute the complete and exclusive agreement between you and Nerdette Ventures LLC regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings, written or oral. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at our discretion. If any provision of these Terms is found to be illegal, invalid, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. No waiver of any breach or failure to exercise any right under these Terms constitutes a waiver of any subsequent breach or right.
If you have any questions about these Terms or wish to provide feedback, please contact us:
Nerdette Ventures LLC
DBA Warrior Walkup Music
Email: support@warriorwalkupmusic.com
Website: warriorwalkupmusic.com