Terms of Service
Last Updated: January 2025
Effective Date: January 1, 2025
1. Acceptance of Terms
By accessing or using The Shadium website and services ("Service"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Service.
These Terms constitute a legally binding agreement between you and The Shadium. By using our Service, you represent that you have the legal authority to enter into these Terms.
2. Service Description
The Shadium provides sun exposure calculations and shade recommendations for sports venues, primarily Major League Baseball (MLB) stadiums. Our Service includes:
- Shade Calculations: Estimates of sun exposure based on time, date, and venue
- Seating Recommendations: Suggestions for optimal seating based on shade preferences
- Weather Integration: Real-time weather data to enhance accuracy
- Venue Information: Details about stadium layouts and seating arrangements
- Educational Content: Guides and tips for optimal game-day experiences
Important: All calculations are estimates based on algorithms and available data. Actual conditions may vary significantly due to weather, stadium modifications, and other factors.
3. Eligibility
You must be at least 13 years old to use our Service. By using our Service, you represent that:
- You are at least 13 years of age
- You have the legal capacity to enter into these Terms
- Your use of the Service complies with all applicable laws
- All information you provide is accurate and truthful
If you are between 13 and 18 years old, you confirm that you have reviewed these Terms with a parent or guardian and that they agree to these Terms on your behalf.
4. Acceptable Use
Permitted Uses
You may use our Service for:
- Personal, non-commercial purposes related to attending sporting events
- Educational purposes and research
- Sharing information with friends and family for event planning
Prohibited Uses
You may NOT:
- Commercial Use: Use our Service for commercial purposes without written permission
- Data Scraping: Extract, harvest, or scrape data using automated tools
- Reverse Engineering: Attempt to reverse engineer or copy our algorithms
- Harmful Activities: Use the Service to harm, harass, or deceive others
- Security Violations: Attempt to breach our security measures
- Illegal Activities: Use the Service for any illegal or unauthorized purposes
- System Interference: Disrupt or interfere with the Service's functionality
Content Guidelines
Any content you submit (feedback, comments, etc.) must:
- Be accurate and not misleading
- Not infringe on others' intellectual property rights
- Not contain harmful, offensive, or inappropriate material
- Comply with all applicable laws and regulations
5. Intellectual Property Rights
Our Content
All content, features, and functionality of our Service are owned by The Shadium and are protected by copyright, trademark, and other intellectual property laws. This includes:
- Software code and algorithms
- Website design and user interface
- Logos, trademarks, and branding
- Written content and guides
- Data compilations and analyses
Third-Party Content
Some content on our Service may be owned by third parties (team names, stadium names, etc.). We use such content under fair use provisions or with appropriate permissions for informational purposes only.
User License
We grant you a limited, non-exclusive, non-transferable license to access and use our Service for personal, non-commercial purposes in accordance with these Terms.
User-Generated Content
By submitting content to our Service (feedback, comments, etc.), you grant us a worldwide, royalty-free, perpetual license to use, modify, and display such content in connection with our Service.
6. Disclaimers
⚠️ IMPORTANT DISCLAIMERS
OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
Accuracy Disclaimer
While we strive for accuracy, our shade calculations are estimates that may vary based on:
- Weather conditions (cloud cover, haze, atmospheric conditions)
- Stadium modifications or construction not reflected in our data
- Seasonal variations in sun positioning
- Game delays, schedule changes, or timing variations
- Individual seating variations and personal factors
- Data currency and accuracy limitations
No Warranties
We disclaim all warranties, including:
- Merchantability: No warranty that the Service is suitable for commercial use
- Fitness for Purpose: No warranty that the Service meets your specific needs
- Non-Infringement: No warranty against third-party intellectual property claims
- Availability: No warranty of uninterrupted or error-free service
- Security: No warranty against security breaches or data loss
Third-Party Disclaimer
We are not affiliated with MLB, any sports teams, venues, or ticket vendors. Our use of team/venue names is for informational purposes only and does not imply endorsement or partnership.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SHADIUM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
Excluded Damages
We are not liable for damages resulting from:
- Reliance on our shade calculations or recommendations
- Ticket purchases or travel decisions based on our information
- Sunburn, heat-related illness, or other health issues
- Missed games, events, or experiences
- Service interruptions, errors, or data loss
- Third-party actions or content
- Security breaches or unauthorized access
Damage Cap
If we are found liable for any damages, our total liability shall not exceed $100 or the amount you paid for any premium services (if any), whichever is greater.
Essential Terms
These limitations are essential elements of our agreement. Without these limitations, we would not be able to provide our Service.
8. Indemnification
You agree to indemnify, defend, and hold harmless The Shadium and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:
- Your use of our Service
- Your violation of these Terms
- Your violation of any law or third-party rights
- Any content you submit or transmit through our Service
- Your negligent or wrongful conduct
9. Termination
By You
You may stop using our Service at any time. You may also request deletion of any account data by contacting us.
By Us
We may terminate or suspend your access to our Service at any time, with or without cause, including for:
- Violation of these Terms
- Suspected fraudulent or illegal activity
- Extended periods of inactivity
- Business reasons or Service discontinuation
Effect of Termination
Upon termination:
- Your right to use our Service immediately ceases
- We may delete your data (subject to legal requirements)
- Provisions regarding disclaimers, liability, and indemnification survive
10. Governing Law and Disputes
Governing Law
These Terms are governed by the laws of the United States and the state where The Shadium is headquartered, without regard to conflict of law principles.
Dispute Resolution
Any disputes arising from these Terms or your use of our Service shall be resolved through binding arbitration, except for small claims court matters or intellectual property disputes.
Class Action Waiver
You waive any right to participate in class action lawsuits or class-wide arbitration against The Shadium.
11. Changes to Terms
We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices.
Notification of Changes
When we make material changes, we will:
- Update the "Last Updated" date at the top of these Terms
- Display a prominent notice on our website
- Send email notifications for significant changes (if we have your email)
Acceptance of Changes
Continued use of our Service after any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using our Service.
12. Miscellaneous
Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and The Shadium regarding your use of our Service.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce such provision in the future.
Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms without restriction.
13. Contact Information
For questions about these Terms of Service, please contact us:
The Shadium Legal Team
Email: legal@theshadium.com
Subject Line: Terms of Service Inquiry
For general inquiries, visit our Contact page.
By using The Shadium, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.