Terms of Service

Last Updated September 5th, 2023

Outlier Collective, Inc.

Outlier Collective, Inc. (“Outlier,” “we,” “us,” “our”) dba “Stacked”, provides its services (collectively, “Services”) through its mobile applications and its website, www.stacked.com, subject to these terms of service (the “Terms”). For purposes of these Terms, “you” and “your” refers to you as the user of these Services. We reserve the right, at our sole discretion, to change or modify portions or all of these Terms at any time.

The Terms form a legally binding agreement between you and Outlier, and should be read carefully before use of Services. Additionally, when using our Services, you will be subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on our website.

By accessing or using our Services, you accept these Terms and agree to comply with them, along with any additional terms found in the Privacy Policy or Community Guidelines. If you do not agree to these Terms, you must not access or use our Services. You may accept the Terms by accessing or using our Services, and understand that we will treat your access or use of our Services as acceptance of the Terms from that point onwards.

You agree that Outlier will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

To report bugs, misconduct, suspicious behavior, or any other breach of our Terms of Service, please email us at support@stacked.com.

Changes to the Terms

We may amend these Terms from time to time, including but not limited to, when we add certain features or services, combine other applications or services operated by us or our affiliates into Stacked, or when there are regulatory changes. When this occurs, we will make commercially reasonable efforts to notify all users of any material changes to these Terms, however, you should check the Terms regularly for such changes.

Account and Registration

You may be required to register with Outlier in order to access and use our Services. If you choose to register for our Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration flow. Registration data and certain other information about you are governed by our Privacy Policy.

You must ensure to keep your account password confidential and to not disclose it to any third party. If you know or suspect that your password has been compromised, you must promptly notify us. You agree that you are solely responsible for the activity – including but not limited to audio, code, video, images, data, text, software, music, or messages – that occurs under your account.

We reserve the right to suspend or disable your user account with us at any time, including for any breach of these Terms, or if activities occur on your account which, at our sole discretion, would or may damage or impair the Services or infringe or violate any third party’s rights, or violate any applicable laws or regulations.

You have the right to delete your data from our services at any time. If you wish to delete your account and associated data, you can do so through your account settings. For users accessing our services via the mobile app, navigate to your profile page, click on the settings option, scroll to the bottom of the settings menu, and click "Delete Account". You will be asked to confirm your choice. Once confirmed, your account and data will be immediately be inaccessable and will be deleted from our servers within 30 days. If you have trouble deleting your account on either the app or website, please email us at support@stacked.com.

Access and Use

By accessing and using our Services, you agree to be subject to these Terms. Further, you may not use our services:

• To discuss, share, or otherwise upload any content that you do not have express rights to share or otherwise infringes on any intellectual property rights of any party

• To violate any applicable laws in your jurisdiction (local, state, federal, or otherwise)

• If you are under the age of 18, without the consent of your parent or legal guardian to register for an account

• To make copies of, modify, reverse engineer, or create replicas of any content consumed or displayed on our Services

• To determine any source code, algorithms, or proprietary techniques encompassed in the Services

• For any commercial use, including but not limited to marketing or leasing our Services for any fee (monetary or otherwise), without express consent from Outlier

• To interfere with, or otherwise damage, the operations of our Services, including any related servers, networks, or equipment

• To incorporate within any other product

• To harvest or collect any information found on our Services, whether manually or with an automated script

• To impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any other person or entity

• To advertise or offer to buy or sell any goods or services that are not expressly authorized

• To promote or aid in building a competing produce or service of any kind, copy our Service’s features or design, or solicit users from our Services

• To promote or engage in any criminal activity, behavior, or enterprise

• To share any illegal information or instructional information about illegal activities

• To intimidate or harass any other user

• To promote or share sexually explicit material, violence, or discrimination of any kind

• To upload or otherwise share any malicious content, files, or code, or any unauthorized advertising or solicitations including anything that could be considered spam

We reserve the right, with or without notice, at any time at our sole discretion, to suspend and/or terminate the account of any user who infringes on these Terms, copyrights or any other intellectual property rights, or any applicable laws. Further, we reserve the right, with or without notice, at any time at our sole discretion, to suspend and/or remove content from our Services for any or no reason.

User Content

You represent and warrant that you own the rights to any content or materials you transmit or upload through our Services, or share with other users. Any content embedded in our services from any third party (including certain platforms such as Facebook, Instagram, Twitter, YouTube, or Twitch) must be shared only in accordance with the content owner’s privacy and the platform/third party from which it originated.

By transmitting, sharing, or uploading any original content (“User Content”), you hereby grant Outlier Collective, Inc a nonexclusive, royalty-free, transferable, perpetual, irrevocable license to copy, display, upload, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Services. Any User Content is by default considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. By sharing or posting User Content to or through our Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to your User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.

We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with these Terms.

You further acknowledge and agree that Outlier may preserve content and may also disclose content if required to do so by law or to enforce these Terms.

If you believe that your work has been copied or that your intellectual property rights have been infringed, you should notify Outlier immediately at dmca@stacked.com.

Outlier accepts no liability with respect to any content created, shared, posted, or otherwise distributed on our platform.

Indemnity

You agree to release, indemnify, and hold Outlier Collective Inc and its affiliates and their officers, employees, directors, agents, and advisors from any and all claims, losses, damages, liabilities, costs, and expenses, including but not limited to, attorneys’ fees, arising out of a breach by you and any user of your account of these Terms or arising out of a breach of your obligations, representations, and warranties under these Terms.

Exclusion of Warranties

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO, ALTER, OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY TO YOU WITH RESPECT TO THEM. FOR EXAMPLE, BUT NOT IN LIMITATION, WE MAKE NO REPRESENTATION OR WARRANT TO YOU THAT:

• OUR SERVICES WILL MEET YOUR REQUIREMENTS

• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR VOID OF ERROR

• ANY INFORMATION OBTAINED BY USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE

• ANY DEFICIENCIES IN THE SERVICES WILL BE CORRECTED

NO REPRESENTATIONS OR WARRANTIES (INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR SPECIFIC PURPOSE, DESIRED QUALITY, CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT AS EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUTLIER’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. YOU UNDERSTAND AND AGREE THAT OUTLIER WILL NOT BE HELD LIABLE FOR ANY LOSS RESULTING FROM:

• ANY RELIANCE PLACED BY YOU ON THE ABILITY TO USE OUR SERVICES

• ANY LOSS, CORRUPTION, DELETION, OR INABILITY TO ACCESS ANY CONTENT PROCURED FROM OR ACCESSED THROUGH OUR SERVICES

• ANY CHANGES WE MAY MAKE TO THE SERVICES OR FROM ANY TEMPORARY OR PERMANENT SUSPENSION OF CERTAIN OR ALL SERVICES

• UNAUTHORIZED OR FRADULENT ACCESS TO OR ALTERATION OF YOUR ACCOUNT AND/OR DATA

• YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION

• YOUR FAILURE TO KEEP YOUR ACCOUNT INFORMATION, INCLUDING YOUR PASSWORD, CONFIDENTIAL AND SECURE

• OR ANY OTHER MATTER RELATING TO OUR SERVICES

YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

IN NO EVENT SHALL OUTLIER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES OR LOSSES EXCEED THE AMOUNT PAID BY YOU TO OUTLIER WITHIN THE LAST TWELVE (12) MONTHS. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSESS OCCURRING.

Third Party Content

Outlier makes use of certain third party integrations for the purposes of searching for and displaying certain content, to the extent that, and only if, any such content is permitted to be shared or embedded under said third party’s terms of services. By using our Services, and in turn agreeing to these Terms, you are also agreeing to the following Terms of Services: (i) YouTube Terms of Services, and (ii) Twitch Terms of Services.