1. Introduction

Welcome to BracketCreator! By accessing or using our bracket generation service at bracketcreator.net (the "Service"), you agree to be bound by these Terms of Service (the "Terms"). Please read these Terms carefully before using the Service. Your use of the Service constitutes your acceptance of these Terms.

2. Service Description

BracketCreator is a free online tool that allows users to generate tournament brackets. We provide this service without requiring user registration or any form of payment.

3. User Obligations and Conduct

By using our Service, you agree to the following:

• Compliance: You will use the Service in compliance with all applicable federal, state, and local laws and regulations.
• No Circumvention: You will not attempt to bypass or circumvent any limitations or security measures implemented by the Service.
• Lawful Use: You will not use the Service for any illegal, unauthorized, or fraudulent purposes.
• Service Integrity: You will not interfere with or disrupt the operation of the Service, its servers, or any networks connected to the Service.
• Content Responsibility: You are solely responsible for ensuring that any content you input or generate using the Service does not infringe upon the intellectual property rights of others or contain any harmful, unlawful, or objectionable material.

4. Intellectual Property Rights

Generated Brackets: Brackets generated through our Service are provided under the Creative Commons Zero (CC0) license. This means you are generally free to use the generated brackets for any purpose, including commercial use, without any obligation to provide attribution.

Third-Party Rights: You acknowledge and agree that certain elements within the generated output may be subject to third-party intellectual property rights. It is your responsibility to ensure your use of the generated output does not infringe on any such rights.

5. Privacy

Our privacy practices are described in detail in our Privacy Policy, which is incorporated into these Terms by reference. As explained in the Privacy Policy, we do not store user-uploaded images or generated brackets, and we do not require user registration or collect personally identifiable information.

6. Service Availability and Modifications

Availability: While we strive to provide a reliable and continuously available Service, we do not guarantee uninterrupted or error-free access.

Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Service, temporarily or permanently, at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

7. Prohibited Content

You agree not to generate or input any content that:

• Violates any applicable laws or regulations.
• Is hateful, discriminatory, or promotes violence or hatred against any group or individual.
• Infringes upon any intellectual property rights (e.g., copyright, trademark, patent).
• Is sexually explicit, pornographic, or exploits children.
• Is intended to harass, abuse, threaten, or harm others.
• Is defamatory, libelous, or invades another's privacy.
• Contains malware, viruses, or other harmful code.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR ACCESS TO OR USE OF THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

10. Changes to These Terms

We reserve the right to modify these Terms at any time, in our sole discretion. If we make material changes to these Terms, we will provide notice by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates or changes.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Choose a State - e.g., the State of California], without regard to its conflict of law principles.

12. Dispute Resolution

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Los Angeles, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms constitute the entire agreement between you and us relating to your use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

15. Contact Information

If you have any questions or concerns about these Terms, please contact us at bracketcreatornet@gmail.com.