Section 1
Eligibility
You must be legally capable of entering into this agreement. The Services are not intended for children under 13 unless OutRally expressly provides a parent- or guardian-authorized experience that complies with applicable law. Users under the age of legal majority in their jurisdiction may be required to obtain authorization from a parent or legal guardian.
Certain features may be restricted to adults. Unless OutRally expressly provides otherwise, posting items for sale on Gearave, entering marketplace transactions, posting or responding to certain Wanted requests, operating a business or seller account, and accepting legally binding transaction terms require the user to be at least 18 years old.
We may request age, identity, business, or other verification when reasonably necessary for safety, legal compliance, fraud prevention, or feature eligibility.
Section 2
Accounts
You may need an account to use certain Services. You agree to provide accurate and current information, maintain only accounts you are authorized to use, keep credentials secure, promptly update material account information, promptly notify us if you believe your account has been compromised, and accept responsibility for activity occurring through your account except to the extent caused by OutRally’s failure to exercise reasonable care.
You may not impersonate another person or organization, create a deceptive identity, access another person’s account without authorization, buy or sell accounts in violation of our rules, create accounts to evade restrictions, or misrepresent age, identity, qualifications, affiliation, business status, or location.
Section 3
License to Use the Services
Subject to these Terms, OutRally grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended purposes.
Except where applicable law expressly permits otherwise, you may not copy or reproduce the Services beyond ordinary use, modify or create derivative works from our software, reverse engineer or attempt to obtain source code, bypass technical protections or access controls, rent or commercially redistribute the Services, use OutRally software or data to train unauthorized automated systems, or scrape or systematically extract information without written authorization.
All rights not expressly granted are reserved.
Section 4
Acceptable Use
You may not use the Services to violate law or another person’s rights; threaten, harass, stalk, exploit, abuse, intimidate, or endanger another person; discriminate unlawfully; publish unlawfully private, defamatory, fraudulent, or infringing material; promote scams or deceptive schemes; distribute malware; send spam or unauthorized bulk communications; manipulate rankings, ratings, reviews, competition results, marketplace activity, or engagement; create false transactions, listings, accounts, reviews, saves, messages, or activity; scrape, probe, attack, disrupt, or overload the Services; evade rate limits, moderation, blocking, suspensions, or security controls; use automated systems without authorization; collect personal information about others unlawfully; or facilitate unlawful activity.
We may investigate suspected violations and take proportionate action.
Section 5
User Content
“User Content” includes content that users submit, upload, create, publish, transmit, or otherwise make available through the Services, including profile information, photos and videos, Moments, comments, messages, event content, ratings, reviews, match and activity information, listings, Wanted posts, product descriptions, and business information.
You retain ownership of your User Content. You represent and warrant that you own the User Content or have sufficient rights to submit it, your submission does not violate law or another party’s rights, and the information you provide is not materially deceptive.
By submitting User Content, you grant OutRally a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, technically adapt, transmit, display, distribute, moderate, and otherwise use that content as reasonably necessary to operate the Services, display the content as you direct, secure the Services, prevent fraud and abuse, support moderation, improve Services, and provide public-facing promotion of public content or public features. We will not treat private messages as public promotional content.
This license continues while your content is available through the Services and for a reasonable period afterward where necessary for backups, safety investigations, legal obligations, audit records, or previously created promotional materials.
Section 7
Blocking, Reporting, and Moderation
We may provide tools for blocking, reporting, restricting, or moderating users and content. We may remove content or restrict features when we reasonably believe doing so is appropriate to enforce these Terms, investigate fraud or abuse, protect users, address harassment or safety concerns, protect intellectual property, respond to legal requests, or comply with law.
Moderation decisions involve judgment and do not constitute a guarantee that all harmful, false, unlawful, or inappropriate content will be detected.
Section 8
Badminton Activities and Physical Risk
Badminton, training, matches, rallies, tournaments, camps, lessons, exercise, travel, and other physical activities involve risks, including physical injury, illness, overexertion, collision, equipment failure, facility conditions, property loss, travel-related risks, and interaction with other persons.
You are responsible for deciding whether an activity is appropriate for you. Use reasonable judgment, appropriate equipment, and suitable supervision, and follow facility and organizer rules.
OutRally does not provide medical advice. Information provided through the Services is not a substitute for qualified medical advice, diagnosis, or treatment. Nothing in these Terms waives liability or rights that cannot legally be waived.
Section 9
Venues, Coaches, Educators, Events, and Third Parties
The Services may display information about badminton venues, courts, coaches, educators, academies, clubs, tournaments, camps, retailers, pro shops, stringers, businesses, and other third parties.
Unless OutRally expressly states otherwise, OutRally does not own or operate third-party venues, employ third-party coaches, organize third-party events, supervise independent meetups, control third-party businesses, or guarantee availability, pricing, qualifications, conditions, schedules, conduct, or performance.
Third parties may have their own terms, waivers, rules, refund policies, or privacy practices. You are responsible for reviewing them.
Section 10
Venue and Availability Information
OutRally may display venue information, schedules, estimated availability, activity indicators, sensor-derived information, or other venue intelligence. Such information may be delayed, incomplete, estimated, unavailable, or inaccurate.
Unless expressly guaranteed in writing, OutRally does not guarantee court availability, occupancy, queue length, wait time, venue operating status, facility condition, or real-time accuracy. Users should confirm material information directly when necessary.
Section 11
Ratings, Rankings, and Recommendations
OutRally may provide ratings, rankings, records, indexes, recommendations, awards, player levels, venue ratings, product information, or similar features. These features may rely on user submissions, recorded results, algorithms, incomplete data, statistical models, third-party information, or community activity, and may change over time.
They are not guarantees of identity, skill, safety, fairness, compatibility, quality, authenticity, or future performance. Attempts to manipulate ratings, rankings, reviews, or records are prohibited.
Section 12
Learning and Informational Content
OutRally may provide learning materials, drills, articles, videos, coaching content, educational resources, or recommendations. Unless expressly stated otherwise, such content is general informational material and does not create a professional, medical, legal, fiduciary, employment, or coaching relationship between you and OutRally.
Section 13
Gearave Marketplace
Gearave is a marketplace service operated by OUTRALLY LLC. Gearave may enable users to discover badminton gear, post items for sale, save listings, post Wanted requests, respond to Wanted requests, communicate with other users, arrange transactions, and manage marketplace activity.
Unless a listing expressly identifies OutRally or Gearave as the seller, Gearave and OutRally are not the buyer or seller in a transaction between users.
Unless expressly provided for a particular feature, OutRally does not take title to user-listed goods, guarantee payment or delivery, guarantee authenticity or condition, provide escrow, guarantee buyer protection, guarantee seller protection, or insure transactions.
Seller activity is additionally governed by the Gearave Seller Terms where applicable.
Section 14
Gearave Buyer Responsibilities
Buyers are responsible for evaluating the item, seller, authenticity, condition, defects, price, compatibility, and transaction terms, and for arranging pickup or shipping. Ask questions before transacting. Where appropriate, inspect the item before completing a local transaction. Do not proceed if circumstances appear suspicious or unsafe.
Section 15
Gearave Wanted Requests
Wanted allows users to publicly indicate that they are looking for certain gear. A Wanted post is not an offer by OutRally to sell, a guarantee that an item will become available, an obligation to purchase, or verification of a requester’s ability or intention to pay.
Users must accurately describe what they are seeking. Wanted posts may not be used for prohibited goods, unlawful transactions, deceptive activity, spam, or manipulation of marketplace visibility.
A user responding with “I Have This” or similar functionality remains responsible for the accuracy and legality of any item offered.
Section 16
Marketplace Safety and Prohibited Goods
You may not use Gearave to offer, seek, sell, or facilitate stolen property, counterfeit goods, goods represented as authentic when they are not, illegal goods, recalled goods that cannot legally be resold, unsafe or prohibited products, items that infringe intellectual-property rights, or other items prohibited by law or Gearave policy.
We may restrict or remove listings and marketplace access when reasonably necessary.
Section 17
Marketplace Transactions
Unless Gearave expressly provides a transaction service, buyers and sellers are responsible for agreeing on price, payment method, inspection, delivery, pickup, shipping, returns, refunds, and other transaction terms.
Users are responsible for complying with applicable tax, consumer-protection, product-safety, licensing, reporting, and commercial obligations.
If Gearave later provides payment processing, shipping, authentication, escrow, transaction protection, or similar services, additional terms may apply.
Section 18
Marketplace Verification and Legal Compliance
We may request verification from sellers or marketplace users when reasonably necessary to confirm identity, prevent fraud, confirm ownership, establish authority to sell, comply with tax rules, comply with consumer-protection requirements, satisfy marketplace transparency requirements, or comply with law.
Where applicable law requires collection, verification, certification, disclosure, or reporting relating to marketplace sellers, users agree to provide reasonably requested information. Failure to provide legally required information may result in marketplace restrictions or suspension.
Section 19
Reviews and Marketplace Integrity
If the Services provide reviews, ratings, testimonials, or reputation features, users may not submit fake reviews, purchase or sell fake reviews, condition incentives on a required positive sentiment, misrepresent personal experience, impersonate customers, or manipulate review visibility or reputation.
We may remove or restrict review activity that violates these Terms or applicable law.
Section 20
Fees, Payments, and Paid Features
Certain Services may be free. We may introduce paid features, subscriptions, transaction fees, advertising services, promotional placement, or other charges. Before charging you, we will disclose applicable pricing and material terms.
Third-party payment processors may be used. Unless otherwise stated, you are responsible for applicable taxes associated with your purchase or business activity. Additional payment, subscription, refund, or billing terms may apply to specific paid Services.
Section 21
Third-Party Services and Links
The Services may integrate with or link to third-party websites, payment services, mapping services, venues, businesses, or other providers. OutRally does not control those third parties merely because they appear in the Services. Third-party services are governed by their own terms and privacy practices.
Section 22
OutRally Intellectual Property
The Services and materials provided by OutRally, including software, interfaces, designs, graphics, trademarks, logos, databases, written material, original media, and service names, are owned by or licensed to OutRally and protected by law.
OutRally, Gearave, their marks, and related brand assets may not be used in a way that suggests sponsorship, endorsement, affiliation, or ownership without permission.
Section 23
Copyright and Intellectual-Property Complaints
If you believe content on the Services infringes your intellectual-property rights, contact info@outrally.com and include sufficient information to identify the protected work or right, the allegedly infringing material, where the material appears, your contact information, and the basis for your claim.
We may request additional information before acting. This section does not represent that OutRally has designated a DMCA agent unless such designation has actually been completed.
Section 24
Feedback
If you voluntarily provide ideas, suggestions, feature requests, or feedback, you grant OutRally permission to use that feedback without restriction or compensation. You are not transferring ownership of unrelated proprietary materials.
Section 25
Privacy
Our handling of personal information is governed by our Privacy Policy. Certain features may use account information, profile information, location, venue information, communications, device information, and marketplace activity. You control permissions through applicable device and account settings where available.
Section 26
Electronic Communications
You agree that we may provide legally permitted notices electronically, including through the Services, email, in-app notifications, or other electronic methods. Electronic acceptance of these Terms or feature-specific terms has the same effect as other legally valid forms of acceptance to the extent permitted by law.
Section 27
Service Changes
We may add, remove, modify, test, restrict, or discontinue features and may impose reasonable technical, safety, account, geographic, or usage limits. Where law requires notice, we will provide it.
Section 28
Suspension and Termination
You may stop using the Services at any time. We may restrict, suspend, or terminate access when reasonably necessary because you materially or repeatedly violate these Terms, create fraud, security, legal, or safety risk, no longer meet eligibility requirements, we are legally required to act, or a service is discontinued.
Where appropriate and legally required, we may provide notice or an opportunity to address an issue. Sections that by their nature should survive termination will survive.
Section 29
Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
OutRally DISCLAIMS IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.
WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE; CONTENT WILL ALWAYS BE ACCURATE; USERS ARE WHO THEY CLAIM TO BE; MARKETPLACE GOODS ARE AUTHENTIC OR SAFE; THIRD PARTIES WILL PERFORM AS EXPECTED; ERRORS WILL ALWAYS BE CORRECTED; OR THE SERVICES WILL BE FREE FROM SECURITY INCIDENTS.
THIS SECTION DOES NOT LIMIT RIGHTS OR WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED.
Section 30
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTRALLY LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, DATA, GOODWILL, REVENUE, OR OPPORTUNITIES ARISING FROM OR RELATING TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OutRally’S AGGREGATE LIABILITY FOR CLAIMS ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID DIRECTLY TO OutRally FOR THE RELEVANT SERVICE DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (2) US $100.
THIS LIMIT DOES NOT APPLY WHERE LIABILITY CANNOT LAWFULLY BE LIMITED. Some jurisdictions do not allow certain limitations, so some provisions may not apply to you.
Section 31
Indemnification
To the extent permitted by law, if you use the Services for business purposes or materially violate these Terms, you agree to defend, indemnify, and hold harmless OUTRALLY LLC and its officers, employees, and agents from third-party claims, damages, liabilities, and reasonable costs arising from your unlawful conduct, User Content, Gearave listing or transaction, infringement of another party’s rights, or material breach of these Terms.
This obligation does not apply to the extent caused by OutRally’s own negligence, willful misconduct, or violation of law.
Section 32
Governing Law and Disputes
These Terms are governed by the laws of the State of California and applicable United States law, without regard to conflict-of-laws principles. Courts having lawful jurisdiction may hear disputes. Nothing in this section deprives a consumer of mandatory protections or forums available under the law of the consumer’s residence.
No Mandatory Arbitration in This Version. These Terms do not currently require mandatory arbitration and do not contain a class-action waiver.
Section 33
International and Export Compliance
You must comply with applicable trade, export-control, sanctions, and import laws. You represent that you are not prohibited from using the Services under applicable United States sanctions or restricted-party rules.
Section 34
Apple App Store Terms
If you obtain the OutRally application through Apple’s App Store:
- These Terms are between you and OUTRALLY LLC, not Apple.
- OutRally, not Apple, is responsible for the application and its content.
- Your license to the application is non-transferable and limited to permitted use on Apple-branded devices you own or control, subject to applicable Apple usage rules.
- OutRally is responsible for maintenance and support to the extent required by these Terms or law, and Apple has no obligation to provide maintenance or support.
- OutRally is responsible for warranties, if any, to the extent not effectively disclaimed.
- To the extent required under Apple’s terms, if the application fails to conform to an applicable warranty, you may notify Apple regarding any App Store purchase-price remedy available through Apple, and Apple otherwise has no warranty responsibility for the application.
- OutRally, not Apple, is responsible for claims relating to the application, including product, legal, regulatory, privacy, consumer-protection, and intellectual-property claims.
- You must comply with applicable third-party agreements when using the application.
- Apple and its subsidiaries are third-party beneficiaries of this section and may enforce applicable App Store provisions against you.
Developer: OUTRALLY LLC
Email: info@outrally.com
Section 35
Assignment
You may not assign your rights or obligations under these Terms without our permission where such restriction is lawful. OutRally may assign these Terms as part of a merger, acquisition, financing, corporate reorganization, sale of assets, or similar transaction, subject to applicable law.
Section 36
Severability
If any provision is found unenforceable, the remaining provisions remain effective, and the affected provision will be enforced to the maximum lawful extent where possible.
Section 37
No Waiver
Failure to enforce a provision does not waive our right to enforce it later.
Section 38
Entire Agreement
These Terms, our Privacy Policy, and applicable feature-specific terms constitute the agreement between you and OutRally concerning the Services covered by them.
Section 39
Changes to These Terms
We may update these Terms as Services, business practices, or legal requirements change. We will post the updated version and revise the “Last Updated” date. Where required, we will provide additional notice or obtain renewed consent.
Section 40
Contact
For questions concerning these Terms:
OUTRALLY LLC
Email: info@outrally.com
For Gearave marketplace support: info@gearave.com
Questions about this document? Contact OUTRALLY LLC at info@outrally.com.
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