Sportsville.com is a service of Sportsville, Inc.(“Sportsville”) and is a social networking website for athletes and other enthusiastic sports minded individuals. By using the Sportsville web site and other Sportsville services (the "Sportsville Services") you signify that you have read, understand and agree to be bound by these Terms of Service (this "Agreement”). This Agreement sets forth the legally binding terms for your use of the Sportsville Services. By using the Sportsville Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Sportsville Services) or you are a "Member" (which means that you have registered with Sportsville.com). The term "User" refers to a Visitor or a Member.
Unauthorized Material
You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of members from the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Web site or for any other purpose. You agree only to post information that is appropriate for the Sportsville Services. You are solely responsible for the Content that you post on or through any of the Sportsville Services, and any material or information that you transmit to other Members and for your interactions with other Users. Sportsville does not endorse and has no control over the Content. Content is not necessarily reviewed by Sportsville prior to posting and does not necessarily reflect the opinions or policies of Sportsville. Sportsville makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
We reserve the right to remove material, or cancel a person's membership, for posting material we deem inappropriate, including but not limited to vulgar, libelous, harassing or unlawful material. Sportsville reserves the right to remove information in its sole discretion for any reason or no reason. You further agree that you may not use the Sportsville Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sportsville Services. In addition, you agree not to use the Sportsville Services to:
- upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," “spimming”, “phishing”, "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate, harass or advocate harassment of another;
- use or attempt to use another's account, service or system without authorization from Sportsville, or create a false identity on this website;
- solicit personal information from anyone under 18;
- promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promote or further any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
Sportsville Content
The content on the Sportsville Services, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Sportsville, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sportsville reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Sportsville Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sportsville Services or the Content therein.
Member Content and User Submissions
You agree that any information you provide to Sportsville is accurate. Members who are found to have provided false information may have their membership terminated. You can update your information with Sportsville at any time. You are solely responsible for the content, including without limitation photos, videos, discussions, comments and profile content, that you publish or display (hereinafter "post") on the Sportsville Services, or transmit to other Members (collectively the "Member Content"). You understand and agree that Sportsville may review and delete or remove any Member Content that in the sole judgment of Sportsville violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. The Sportsville Services may now or in the future permit the submission of Member Content or other communications submitted by you and other users (collectively the "User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Sportsville does not guarantee any confidentiality with respect to any submissions. Sportsville has the right to compile and distribute to third parties aggregated non-personally identifiable information derived from User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sportsville to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Sportsville, you hereby grant Sportsville a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Sportsville Services and Sportsville's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Sportsville Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant Sportsville the right to insert advertising into User Submissions and irrevocably assign to Sportsville any revenue earned from advertising embedded into User Submissions. You also hereby grant each user of the Sportsville Services a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Sportsville Services.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sportsville all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Sportsville or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Sportsville does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sportsville expressly disclaims any and all liability in connection with User Submissions. Sportsville does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Sportsville will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Sportsville reserves the right to remove Content and User Submissions without prior notice. Sportsville will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Sportsville also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Sportsville may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Sportsville will terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Sportsville by the copyright owner or the copyright owner's legal agent. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. In accordance with the DMCA, if you believe that your work has been copied and posted on the Sportsville in a way that constitutes copyright infringement, please provide us with the following information: (a.) a description of the copyrighted work that you claim has been infringed; (b.) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (c.) the URL and description of where the material that you claim is infringing is located on the Sportsville; (d.) your address, telephone number, and email address; (e.) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f.) a written statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Sportsville’s copyright resolution for notice of claims of copyright infringement can be reached as follows: Copyright Notice, Sportsville, Inc., 315 Montana Ave. #305, Santa Monica, CA 90403; Facsimile: 413-254-7089; Attn: Copyright Notice; and through the Copyright Abuses contact form.
The Sportsville Services could contain links to other web sites, in the form of affiliate programs, promotional advertising, or other measures. Sportsville is not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Sportsville Services does not imply approval or endorsement of the linked web site by Sportsville. If you decide to leave the Sportsville Services and access these third-party sites, you do so at your own risk.
You are solely responsible for your interactions with other Sportsville Services registered users. Sportsville reserves the right, but has no obligation, to monitor disputes between you and other Members. Please choose carefully the information you post on the Sportsville Services and that you provide to other Users. Your Sportsville.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Sportsville Services Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Sportsville assumes no responsibility or liability for this material. If you become aware of misuse of the Sportsville Services by any person, please contact Sportsville Abuse or click on the "Report Inappropriate Content" link at the bottom of any Sportsville.com page.
You must be fourteen years of age or older to register as a member of the Sportsville Services. If you are under the age of 14, you are not allowed to register and become a member of the Sportsville Services. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age. Membership in the Service is void where prohibited.
By using the Web site and agreeing to these Terms of Service, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. Sportsville may terminate your membership for any reason, at any time. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do, we will change the Terms of Service on this page, notifying the change in effective date. Continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree with these or any future Terms of Service, please discontinue the use of the Web site. It is your responsibility to review updates to these Terms of Service and It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Disclaimers
Sportsville is in no way responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members Sportsville is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Sportsville is not responsible for any incorrect information or for typographical errors. Sportsville shall not be liable for any damages that may be suffered by any member in connection with the use of the Sportsville Services. Sportsville members must agree to use the Sportsville Services at their own risk. Sportsville cannot guarantee and does not make any warranty as to the accuracy or reliability of the results obtained from using the Sportsville Services. Information is presented as is, and Sportsville furthermore shall make no warranty as to the fitness of the information for any particular information. Moreover, Sportsville no warranty shall be made as to the veracity of the information in question.
The Sportsville Services is not responsible for the actions of users who do not abide by NCAA™ regulations. Sportsville is not a recruiting or scouting service, and is in no way affiliated with any recruiting/scouting service or promotional vehicle. In addition, Sportsville is in no way affiliated with the NCAA, and all registered users are fully responsible for knowing NCAA rules, regulations, and covenants. Individuals who violate NCAA rules and regulations are subject to account termination. Sportsville does not promote or condone any intended or unintended violations of NCAA policy, rules, and regulations.
The Sportsville Services may be temporarily unavailable from time to time for maintenance or other reasons. Sportsville assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Sportsville is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Sportsville be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The web site, the service and the content are provided "as-is" and Sportsville disclaims any and all warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Sportsville cannot guarantee and does not promise any specific results from use of the web site and/or the service.
Limitation on Liability
IN NO EVENT SHALL SPORTSVILLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE SPORTSVILLE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPORTSVILLE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPORTSVILLE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPORTSVILLE.COM FOR THE SPORTSVILLE SERVICES DURING THE TERM OF MEMBERSHIP.
YOU SPECIFICALLY ACKNOWLEDGE THAT SPORTSVILLE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Web site is controlled and offered by Sportsville from its facilities in the United States of America. Sportsville makes no representations that the Sportsville Services is appropriate or available for use in other locations. Those who access or use the Sportsville Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Email Communication
We will occasionally send you messages from Sportsville to keep you updated about new aspects of the service and inform you about content changes on the service that may be of interest to you. Currently, the only way to remove yourself from these mailings is to cancel your service with Sportsville. All members of the Sportsville Services agree to let Sportsville contact them when other members request communication. We believe this is an essential function of the site, and thus, the only way for you to opt out of such messages is to cancel your account. However, you are under no obligation to respond to such e-mails.
Sportsville also publishes electronic newsletters, which you may subscribe to and unsubscribe from at any time without terminating your membership.
Indemnity
You agree to indemnify and hold Sportsville, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Sportsville Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Sportsville Services or through the Sportsville Services causes Sportsville to be liable to another.
General
(a) Governing Law; Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is excluded and does not apply to this Agreement. Except as expressly set forth in subsection (b) below ("Injunctive Relief"), any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be submitted to the Judicial Arbitration and Mediation Services, Inc. or its successor ("JAMS") and decided by binding arbitration, in accordance with the JAMS' Comprehensive Arbitration Rules and Procedures (Streamlined Arbitration Rules and Procedures) as such rules shall be in effect on the date of submission to arbitration, by one arbitrator reasonably familiar with the business pertaining to the products and services covered by this Agreement, appointed in accordance with such Rules and Procedures. The arbitrator shall apply California law to the merits of any dispute or claim. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Los Angeles County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event any action is brought by either party in connection with this Agreement, the substantially prevailing party will be entitled to recover from the other party all the costs, attorneys' fees and other expenses reasonably incurred by such party. All offers, promises, conduct and statements, whether oral or written, made in the course of the arbitration by any of the parties, their agents, employees, experts and attorneys, and by the arbitrator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the arbitration.
(b) Injunctive Relief. Notwithstanding the "Governing Law; Arbitration" section above, you agree that certain breaches by you would cause irreparable injury to Sportsville, for which there are no adequate remedies at law, and nothing in this Section shall be deemed to prevent or delay Sportsville's attempt to seek a temporary restraining order, preliminary injunction, specific performance or other interim or conservatory relief from any court having jurisdiction.
(c) Assignment. You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Sportsville. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Sportsville may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns.
(d) Waiver; Severability. The failure to require performance of any provision shall not affect Sportsville's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
(e) Export Restrictions/Legal Compliance. You agree to comply with all United States and other applicable export laws and related restrictions and regulations, and not to directly or indirectly export, provide or otherwise make available the services and products of Sportsville in violation of any such export laws, unless any required prior authorizations or necessary approvals are obtained by You, at Your expense, from the applicable United States or foreign authority.
(f) Entire Agreement. This Agreement constitutes the entire and exclusive understanding and agreement between you and Sportsville regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and Sportsville relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Sportsville Partner Program.
(g) Relationship. You and Sportsville are independent contractors, and this Agreement, including but not limited to submission or distribution of any Video Content or Ads, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and Sportsville. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in this Agreement. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in this Agreement. Moreover, each party shall be solely responsible for the payment of all of its own taxes, assessments and all other similar withholdings from or assessments on any monies paid hereunder or in connection with the transactions contemplated hereby.
(h) Reserved Rights. Sportsville reserves the right to change, in whole or in part, the names, logos, presentation and display of the Sportsville Member Agreement, the Sportsville Partner Program and the Sportsville Products at any time in its sole discretion.