Terms of Use
These Terms of Use ("Terms") govern your use of Sombra, the iPhone app, and this website (together, the "Service"), made and run by Sombra ("Sombra," "we," "us" or "our"). By downloading, accessing or using the Service, you agree to these Terms. If you don't agree, please don't use the Service. If you are under 18, please review these Terms with a parent or guardian, who agrees to them on your behalf.
1. Using Sombra
License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial purposes.
Restrictions. You may not: (a) sell, rent, lease, sublicense, distribute or commercially exploit the Service or its content; (b) copy or modify the Service, make derivative works of it, or disassemble, decompile or reverse-engineer it, except where the law allows it; (c) extract its data by automated means, or use it to build a similar or competing product; or (d) interfere with the Service or try to get around its security. Please keep all copyright and other notices intact.
Changes to the Service. We may change, suspend or discontinue any part of the Service at any time, with or without notice, and we are not liable to you for doing so.
Support. We're glad to help through our support page, but we have no obligation to provide support or maintenance.
2. Shade and sun results are estimates
Sombra estimates whether a seat will be in the sun or the shade from a 3D model of the ballpark and the sun's calculated position. Every result is an estimate, provided for planning only:
- Wrigley Field is modeled in detail, row by row. Other ballparks use approximate geometry and are labeled "Approximate" in the app.
- Weather, clouds, haze and temporary structures are not modeled.
- Start times, delays and the length of a game all change when a seat is in the sun.
We don't guarantee that any result is accurate, complete or current. Don't rely on Sombra for decisions about your health or safety. The sun can be harmful, so bring sunscreen, a hat and water anyway.
3. Third-party data, links and services
Game schedules and event information come from third parties, such as MLB's schedule service. They may be wrong or incomplete, and games move, get delayed or get postponed, so check with the team or your ticket provider before you go. The Service also links to third-party websites and apps, such as MLB Gameday or ticket sites. We don't control, endorse or take responsibility for any third-party data, website or service. You use them at your own risk, under their own terms and privacy policies.
4. Not affiliated with MLB, teams or ballparks
Sombra is an independent app. Sombra is not affiliated with, endorsed by, or sponsored by Major League Baseball, any MLB club, any ballpark, Ticketmaster, SeatGeek or Apple. Team, ballpark and league names, and any other trademarks that appear in the Service, belong to their owners and are used only to identify ballparks and games.
5. Ownership and feedback
The Service and its content, including its software, design and shade models, belong to Sombra or its licensors and are protected by intellectual property laws. These Terms don't give you any ownership rights, and we reserve all rights not expressly granted. Open-source components are licensed under their own licenses, listed on our Open-source licenses page.
Feedback. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them in any way, without obligation or attribution to you. Please don't send anything you consider confidential.
6. Privacy
Our Privacy Policy explains how we handle personal information and is part of these Terms. In short: what you enter in the app stays on your iPhone, and we never receive it.
7. The App Store
If you downloaded the app from Apple's App Store, Apple's Licensed Application End User License Agreement (the "Standard EULA") governs your use of the app, and these Terms supplement it. If the two conflict, the Standard EULA controls as to the app. These Terms are between you and Sombra only, not Apple, and Apple has no obligation to provide any maintenance or support for the app.
8. Indemnity
You agree to defend, indemnify and hold harmless Sombra and its owners, employees and agents from any claims, losses and reasonable costs (including attorneys' fees) arising out of your violation of these Terms or of any law.
9. Disclaimers
THE SERVICE, INCLUDING EVERY SHADE AND SUN RESULT, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SOMBRA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ITS RESULTS WILL BE ACCURATE. WHERE THE LAW REQUIRES A WARRANTY, IT IS LIMITED TO 90 DAYS FROM YOUR FIRST USE.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) SOMBRA AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COSTS OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, INCLUDING ANY RELIANCE ON A SHADE OR SUN RESULT; AND (B) OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS IS LIMITED TO THE GREATER OF US $50 AND THE AMOUNT YOU PAID US IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some places don't allow certain warranties to be excluded or liability to be limited, so some of these limits may not apply to you.
11. Ending these Terms
These Terms apply for as long as you use the Service. You can stop at any time by deleting the app. We may suspend or end your access at any time, including if we believe you have violated these Terms. The parts of these Terms that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnity and governing law) continue to apply after they end.
12. Changes to these Terms
We may update these Terms. If we do, we will change the effective date above and post the new version on this page, and for material changes we may also let you know in the app. If you keep using the Service after the changes take effect, you accept the updated Terms.
13. Governing law
These Terms, and any dispute arising out of or related to them or the Service, are governed by the laws of the State of Illinois, USA, without regard to its conflict-of-law rules. Any such dispute will be resolved only in the state or federal courts located in Illinois, and you and we consent to their jurisdiction. Either of us may bring an individual claim in small claims court, and either of us may ask any court with jurisdiction to protect intellectual property rights. Nothing in this section takes away a consumer protection that the law where you live gives you and that can't be waived by contract.
14. General
These Terms, together with the Privacy Policy (and, for the app, the Standard EULA), are the entire agreement between you and us about the Service. If any part of them is found unenforceable, it will be changed to the minimum extent needed, and the rest stays in effect. If we don't enforce a provision, that isn't a waiver of it. You may not transfer these Terms without our written consent; we may transfer them, for example to a successor. "Including" means "including without limitation." When you contact us, you agree that we may reply electronically, and that our electronic communications satisfy any requirement that they be in writing.
Accessibility. We want Sombra to work for everyone. If something in the app or on this website is hard to use, please tell us through the support page.
15. Contact
Questions about these Terms? Use the support form.
Adapted from a terms of use template by General Legal, PC, released under CC0.