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Sportle Terms Of Service
These Terms of Service constitute the agreement (the “Agreement”) between you (“you”) and Sportle, Inc. (“Sportle”) regarding your use of the applications, websites, products and services offered by Sportle, including the Sportle website available at www.sportle.tv, and all features and content provided or accessible in connection therewith (the “Services”). By using any of the Services, you consent to be bound by the terms and conditions of this Agreement.
Sportle reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice via the Services, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and familiarizing yourself with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
- RIGHTS ASSOCIATED WITH THE SERVICES. The Services are designed to help you search for, find and watch streaming videos of live sporting events, including streams of such events that reside on and/or are distributed by platforms not owned or controlled by Sportle (“Third-Party Videos”). When you select a Third-Party Video, you will access the third-party platform that distributes, owns or controls such Third-Party Video (“Third-Party Platform”). Sportle owns and retains all intellectual property rights in and to the Services, but Sportle does not claim ownership rights in or to any of the Third-Party Videos, which are instead held by the Third-Party Platform (or its licensor(s)).
- ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, Sportle provides the Services solely for your personal use, and not for commercial purposes and/or the use or benefit of any third party. Sportle may change, suspend or discontinue all or any of the Services at any time, including the availability of any feature, function or Content (defined below). Sportle may also impose limits on certain features, functions or Content or restrict your access to parts or all of the Services without notice or liability.
- REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you may be required to register with Sportle and select a user name and password (“Sportle User ID”). You shall provide Sportle with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. Sportle reserves the right to refuse registration of or to cancel a Sportle User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. Without limiting the foregoing, access to certain Third-Party Videos and/or Third-Party Platforms may require you to provide Sportle with user name, password and/or other identifying or authentication information, which you grant Sportle the right to provide to the applicable Third-Party Platform (such as your cable, satellite or over-the-top video provider), in order to verify your authorization to access to such Third-Party Video(s) and/or Third-Party Platform(s).
- SERVICES CONTENT. The Services and its contents are intended solely for your personal, non-commercial use and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to, text, graphics, articles, photographs, images, illustrations and videos, including Third-Party Videos (collectively, “Content,”) are protected by copyright. You shall abide by all copyright notices, trademark rules, information and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, publicly perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third-party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third-party right.
- RESTRICTIONS. You represent, warrant and covenant that you will not contribute any Content or otherwise use the Services, including any Third-Party Videos, in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable; (iv) introduces to the Services any virus, trojan horse, worm, time bomb, or other harmful computer code, file or program; (v) would achieve commercial gain; or (vi) suggests an association with any of Sportle’s Services, Content, brands or products, or those of any Third-Party Platform. You agree not to modify any of the Content, including any Third-Party Videos, or copy, deep link, reproduce, retransmit, distribute, publicly perform, disseminate, sell, publish, broadcast, or circulate any Content received or accessed through the Service to anyone, without the express prior written consent of Sportle, the applicable Third-Party Platform or other applicable rights-holder.
Sportle reserves the right to remove from the Services or disable your or any other user’s access to any Content at any time, for any reason or for no reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Sportle is concerned that you may have breached this Agreement. You, not Sportle, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you represent, warrant and covenant that you possess all rights necessary to provide such Content to Sportle and to grant Sportle the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause or permit to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer or otherwise attempt to obtain the source code of the Services.
In addition, the Third-Party Videos or Third-Party Platforms that may be accessed, linked to or displayed through the Services are not available in all languages or in all countries or regions. Sportle makes no representation that any Third-Party Video or Third-Party Platform will be appropriate or available for use in any particular location.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, as applicable, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Sportle shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and another user of the Services, or users of the Services and any third party, you understand and agree that Sportle is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Sportle, its officers, employees, agents, and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- WARRANTY DISCLAIMER AND RELEASE. DUE TO THE INHERENT HAZARDS OF ELECTRONIC COMMUNICATIONS, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENT AND THE SERVICES. THE SERVICES AND CONTENT, INCLUDING THIRD-PARTY VIDEOS, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You release Sportle from all liability with respect to Content available via and/or accessed through the Services, including Third-Party Videos. The Services may contain, or direct you to services containing, information that some people may find offensive or inappropriate. Sportle makes no representations concerning any Content contained in or accessed through the Services, including any Third-Party Videos, and Sportle will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Sportle makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services.
- INDEMNITY. You will indemnify and hold harmless Sportle, its parents, subsidiaries, affiliates, officers, and employees from and against any claim or demand (including all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, your actual or alleged violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
- LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SPORTLE OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (II) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (III) FOR ANY MATTER BEYOND SPORTLE’S REASONABLE CONTROL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SPORTLE, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR AGENTS, SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURY CAUSED, IN WHOLE OR IN PART, BY CONTINGENCIES OR ISSUES BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, THE ACTS OF THIRD PARTIES, ERRORS IN ANY CONTENT OR SERVICE, NETWORK FAILURES, INTERNET FAILURES, SOFTWARE AND HARDWARE FAILURE, VIRUSES AND OTHER SYSTEM ATTACKS, OR THEFT, DESTRUCTIONS OF, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SPORTLE, ITS SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR AGENTS TO YOU UNDER THIS AGREEMENT EXCEED THE SUM OF FIFTY DOLLARS ($50).
- FEES AND PAYMENT. Although our Services are currently free to users, Sportle reserves the right to require payment of fees for certain or all Services. In no event, however, will you be responsible for any amounts you have not previously agreed to pay.
- TERMINATION. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Sportle may terminate or suspend your access to the Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Sportle may also terminate or suspend any and all Services immediately, without prior notice or liability, if it reasonably determines that you may breach, or that you have breached, any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services and access any Content will immediately cease. All provisions of this Agreement that, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, the miscellaneous provisions below, and agreements regarding arbitration and governing law.
- ARBITRATION; GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of California.
- COPYRIGHT DISPUTE POLICY. Sportle has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Sportle’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Sportle’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or Content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Sportle is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified as set forth above is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is Sportle’s policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that Sportle will terminate such content provider’s, member’s or user’s access to the Services.
- APPLE DEVICE AND APPLICATION TERMS. In the event you are using the Services in connection with a device provided by Apple, Inc. (“Apple”) or any Sportle app obtained through the Apple App Store (collectively, such uses are henceforth the “Application”), the following shall apply:
- Both you and Sportle acknowledge that this Agreement is concluded between you and Sportle only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Sportle, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Sportle, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Sportle acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
- Both you and Sportle acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
- CONTACT. If you have any questions, complaints, or claims with respect to this Agreement or the Services, you may contact us at Sportle, Inc. [3716 Motor Ave, Los Angeles, CA 90034 | 310-248-2438 | firstname.lastname@example.org].