01Who can use Homestream

You must be at least 13 years old to use the Service, and at least 18 (or the age of majority where you live) to make a purchase or hold a paid subscription. By using the Service, you represent that you meet these requirements, that the information you provide is accurate, and that you are not barred from using the Service under the laws of the United States or your jurisdiction.

02Your account

You are responsible for keeping your login credentials secure and for all activity that occurs under your account, whether or not authorized by you. To protect our broadcast partners and honor our licenses, Homestream is licensed for personal, individual use, and your account may be limited to one active streaming session at a time. Sharing your account or login with others, or using the Service on behalf of anyone else, may result in suspension or termination.

You agree to provide accurate registration information and to keep it current. We may verify your information, refuse or reclaim a username, and suspend or terminate accounts we reasonably believe contain false information or are being misused. Notify us promptly at steve@homestream.app if you suspect unauthorized use of your account.

03What Homestream provides

Homestream lets you listen to licensed radio broadcasts of sporting events and synchronize that audio to the live television broadcast you are watching. The Service does not provide the television broadcast itself – you are responsible for your own access to the game on TV – and the availability of any particular school, team, or game depends on our agreements with rights holders and may change at any time.

Our goal is to let you sync every game for the schools you follow. However, the sync feature relies on third-party providers for both the radio audio streams and the real-time game data that powers synchronization. Because of this, there may be games for which syncing is delayed, degraded, or unavailable, and we cannot guarantee that any particular game will be syncable. A pass gives you access to the Service for the games it covers, not a guarantee that sync will be available for any specific game.

We may change, add, suspend, or discontinue any part of the Service – including features, supported schools or teams, and content availability – at any time and without liability to you.

04Where Homestream is available

The Service is offered for use in the United States and in any other territories permitted by our licenses. Because the broadcasts and data we provide are licensed by territory and may be subject to blackouts or other restrictions, you agree not to access or attempt to access the Service from outside the permitted territories, and not to use a VPN, proxy, location spoofing, or any other method to disguise your location or circumvent geographic, blackout, or other access restrictions.

05Subscriptions, passes, and payment

Homestream offers single-game passes and season passes. Prices are shown in the app at the time of purchase. Purchases made through the Apple App Store or Google Play are processed by Apple or Google and are subject to their terms, and you manage and cancel those purchases through your Apple or Google account.

• Single-game passes are one-time purchases. They do not renew.
• Sport-specific season passes (for example, a football-only or basketball-only pass) automatically renew for the following season. Each renews within approximately 45 days before the start of that sport’s next season unless cancelled beforehand.
• Combined team passes (covering both football and basketball for a school) automatically renew once per year on the anniversary of your purchase date, unless cancelled beforehand.

By purchasing an auto-renewing pass, you authorize Homestream and the applicable app store to charge your payment method on a recurring basis. We may change prices and plans. Price changes apply to future billing periods, and we will provide notice and an opportunity to cancel before they take effect where required by law or app-store policy.

Except where required by law or by the applicable app store’s policies, payments are non-refundable, and you are not entitled to a refund or credit for any partial period or for games you did not use. Refund requests for app-store purchases are handled by Apple or Google. If you believe you were charged in error, you must notify us within 60 days of the charge, after which you waive any right to dispute it to the fullest extent permitted by law.

California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

06License and acceptable use

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own non-commercial enjoyment. The Service and its content are licensed, not sold, and we and our licensors retain all rights not expressly granted. You agree not to, and not to permit or encourage anyone else to:

• Record, copy, capture, rebroadcast, retransmit, stream, publicly perform or display, or redistribute any audio, data, or other content from the Service.
• Share, sell, rent, lend, or transfer your account or login, or use the Service on behalf of others or for any commercial purpose.
• Reverse engineer, decompile, disassemble, scrape, data-mine, crawl, or otherwise attempt to extract or derive the source code, underlying data, models, or structure of the Service.
• Circumvent, disable, or interfere with any security, digital rights management, geographic, blackout, authentication, or access-control feature of the Service.
• Use the Service, or any content or data from it, to develop, train, fine-tune, or improve any machine-learning or artificial-intelligence model, or to build a competing product or service.
• Interfere with, disrupt, overburden, or place undue load on the Service or its infrastructure, or introduce any virus or malicious code.
• Use the Service for any unlawful purpose or in violation of the rights of any third party, including our broadcast partners and rights holders.

07Intellectual property

The Service, including its software, design, trademarks, and the Homestream name and logo, is owned by Homestream or its licensors and is protected by intellectual property laws. Radio broadcasts, team names, logos, real-time game data, and related content are the property of their respective owners and are made available to you only through the Service under our licenses. Nothing in these Terms transfers any ownership to you. You acknowledge that any violation of this Section or Section 06 may cause irreparable harm to Homestream and its licensors for which money damages would be inadequate, and that we may seek injunctive or other equitable relief without the requirement of posting a bond.

08Feedback

If you send us ideas, suggestions, or other feedback about the Service, you grant Homestream a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use that feedback for any purpose, without any obligation or compensation to you.

09Third-party services and app stores

The Service relies on and links to third parties, including app stores, payment processors, broadcast rights holders, and data providers. We are not responsible for the content, policies, or practices of those third parties, and your use of them may be governed by their own terms.

If you download the app from the Apple App Store or Google Play, you acknowledge that these Terms are between you and Homestream, not Apple or Google, and that Apple and Google are not responsible for the Service or its support. Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms and may enforce them against you. You agree to comply with all applicable app-store terms when using the Service.

10Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE AUDIO SYNC WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT ANY DEFECT WILL BE CORRECTED, OR THAT ANY PARTICULAR GAME, TEAM, SCHOOL, BROADCAST, OR DATA WILL BE AVAILABLE. YOU USE THE SERVICE AT YOUR OWN RISK, AND ANY MATERIAL OR DATA OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. WE ARE NOT RESPONSIBLE FOR THE PERFORMANCE OR COMPATIBILITY OF YOUR DEVICE, NETWORK, OR ANY THIRD-PARTY HARDWARE, SOFTWARE, OR SERVICE.

11Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HOMESTREAM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US OR THROUGH THE APPLICABLE APP STORE FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations or exclusions, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by our negligence.

12Time limit on claims

To the fullest extent permitted by law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim arose. Otherwise, the claim is permanently barred.

13Indemnification

You agree to defend, indemnify, and hold harmless Homestream and its officers, directors, employees, agents, licensors, and partners from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (i) your use of the Service, including any activity under your account whether or not authorized by you; (ii) your violation of these Terms; (iii) your violation of any law or any right of a third party, including any rights holder or broadcast partner; or (iv) any content or information you submit to the Service.

14Termination

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, in our sole discretion, including if you violate these Terms, if we suspect fraud or misuse, or if we discontinue the Service. If we terminate your account for cause, you will not be entitled to any refund. Upon termination, your license to use the Service ends and you must stop using it. Provisions that by their nature should survive termination – including the license restrictions, intellectual property, feedback, disclaimers, limitation of liability, time limit on claims, indemnification, dispute resolution, and governing law – will survive.

15Dispute resolution, arbitration, and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND HOMESTREAM TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS, UNLESS YOU OPT OUT WITHIN 30 DAYS.

You and Homestream agree that the Federal Arbitration Act governs the interpretation and enforcement of this Section, and that these Terms affect interstate commerce.

Informal resolution first

Before starting an arbitration or small-claims proceeding, the complaining party must first send a written Notice of Dispute to the other. You send yours to steve@homestream.app, and it must include your name, contact and account information, a description of the dispute, and the relief you seek. You and Homestream will then try in good faith to resolve the dispute informally for 60 days. This step is required before either party may begin arbitration, and any deadlines are paused while it is underway.

Binding individual arbitration

If the dispute is not resolved within 60 days, it will be resolved by binding, individual arbitration administered by a recognized arbitration provider (such as the American Arbitration Association) under its consumer rules, rather than in court, except as provided below. The arbitration will be held in the county where you live or by video or telephone, and a written award may be entered as a judgment in court. The arbitrator, and not any court, decides issues about the interpretation and application of this arbitration agreement, except as stated under “Class action waiver” below.

Exceptions

Either party may bring an individual claim in small-claims court if it qualifies. And nothing in this Section prevents either party from seeking injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property or the Service. Disputes about intellectual property are not subject to arbitration.

Class action and jury trial waiver

To the fullest extent permitted by law, you and Homestream may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, private attorney general, or representative proceeding. You and Homestream also waive any right to a jury trial for any dispute that proceeds in court. A court, not an arbitrator, decides whether this waiver is enforceable. This class action and jury trial waiver applies even if you opt out of arbitration below.

Coordinated or mass filings

If 25 or more similar arbitration claims are brought against Homestream by the same or coordinated counsel, the claims will be administered in sequential batches of up to 50 at a time so they can be resolved efficiently, and any applicable deadlines are paused for claims awaiting their batch. A court may enforce this process.

Your right to opt out

You may opt out of this arbitration agreement by sending a personally signed notice to steve@homestream.app within 30 days of first accepting these Terms, stating that you wish to opt out of arbitration and including your name and account information. Opting out of arbitration does not opt you out of the class action and jury trial waiver above. If we later change this Section, you may reject the change within 30 days of notice, which keeps the prior version in effect but is not an opt-out of arbitration altogether.

16Copyright complaints

We respect intellectual property rights. If you believe content on the Service infringes your copyright, send a notice to our designated agent at steve@homestream.app with: (i) identification of the work claimed to be infringed; (ii) identification of the allegedly infringing material; (iii) your contact information; (iv) a statement that you have a good-faith belief the use is not authorized; (v) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the rights holder; and (vi) your physical or electronic signature. We may remove allegedly infringing material and, in appropriate cases, terminate the accounts of repeat infringers.

17Governing law and forum

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 15. For any dispute that is not subject to arbitration, you agree that it will be resolved exclusively in the state or federal courts located in Georgia, and you consent to their jurisdiction and venue, except where applicable law gives you the right to bring a claim elsewhere.

18Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above, and for material changes we will provide additional notice through the Service. Your continued use after an update means you accept the revised Terms. If you do not agree, you must stop using the Service.

19Electronic communications

You consent to receive communications from us electronically, including by email and through the Service, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. If you provide a phone number, you consent to receive account-related and service messages, which may be sent using automated technology. Standard message and data rates may apply, and you can opt out of non-essential messages as described in those messages.

20General

These Terms, together with our Privacy Policy, are the entire agreement between you and Homestream regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these Terms without our consent, and any attempt to do so is void; we may assign these Terms to an affiliate or successor. We are not liable for any delay or failure to perform caused by events beyond our reasonable control. Section headings are for convenience only. You agree to comply with all applicable export-control and sanctions laws and represent that you are not located in, or a resident of, any embargoed jurisdiction and are not on any U.S. government restricted-party list.

21Contact us

HSII, Inc. d/b/a Homestream
Atlanta, Georgia
steve@homestream.app