Sportsy

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

These Sportsy Terms of Use form a binding agreement (the “Agreement”) between Sportsy Inc. (“Sportsy”) and you, or, if you represent an entity or other organization, that entity or organization (in either case “you”).

By accessing or using the Sportsy website and other websites, web services, or mobile applications provided and operated by Sportsy (the Sportsy “Platform”) you acknowledge that you have read, understand and agree to be bound by this Agreement.

Sportsy may change this Agreement at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to this Agreement, please do not use this Platform.

ELIGIBILITY AND REGISTRATION. To become a member of the Sportsy Platform, or post User Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of this Agreement for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

IMPORTANT NOTICES.

You Train at Your Own Risk. Please be safe and consider the risks involved with sports. Do not attempt any drills or challenges that are beyond your skill level. Wear protection gear and pads. You are solely responsible for any drills or challenges you attempt and you participate at your own risk. SPORTSY IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR TRAINING, USE OF (OR INABILITY TO USE) THIS PLATFORM, OR FOR ANY OTHER REASON. YOU ARE NOT REQUIRED TO UPLOAD VIDEOS OR TRAIN TO USE THIS PLATFORM.

Amateur Athletes. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF OR PARTICIPATION IN THE ACTIVITIES OF THIS PLATFORM DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. SPORTSY IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE PLATFORM RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.

Physical Activity. The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Sportsy is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.

TERM. This Agreement is entered into between Sportsy and You as of the earliest date You first access or use the Platform or any Content or Services (the “Effective Date”). The term of this Agreement will continue until terminated as provided in this Agreement, unless you have purchased a paid subscription to the Platform, then the term of this Agreement will continue for the initial period indicated when you establish your paid subscription.

TERMINATION. Sportsy reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Content, and restrict your use of all or any part of the Platform either for cause or for no reason (for convenience), without notice, and without liability to you or anyone else. If you have purchased a paid subscription to the Platform, and if Sportsy terminates your account for no reason (for convenience), Sportsy will refund to you the then unused portion of you subscription (if any). All other amounts paid to Sportsy will be non-refundable once paid to Sportsy. Sportsy also reserves the right to block users from certain IP addresses or mobile device numbers and prevent access to the Platform. You understand and agree that some of your User Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, YouTube, etc), may continue to appear on the Platform or on other platforms even after your User Content is removed or your account is terminated. This Agreement remains in effect even after your account is terminated. The terms of this Agreement relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination of this Agreement.

INTELLECTUAL PROPERTY. The Platform and all intellectual property on and used to provide the Platform (except for User Content, as defined below) is owned by Sportsy or its licensors, which includes materials protected by copyright, trademark, patent, and other intellectual property laws. All trademarks, service marks and trade names (e.g., the Sportsy name and logo) are owned, registered and/or licensed by Sportsy. All content on the Platform (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Sportsy.

PLATFORM USE RESTRICTIONS. You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase Sportsy services, products or other offerings. You agree not to change or delete any ownership notices from Content or other materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Content (defined below), without Sportsy's prior written consent, unless it is your own User Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in this Agreement shall be interpreted as granting any license of intellectual property rights to you.

ORDERS FOR SERVICES, PRODUCTS, AND OTHER OFFERINGS. All orders placed through the Platform are subject to Sportsy's acceptance. This means that Sportsy may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Sportsy will issue you a refund.

SAFEGUARD YOUR USERNAME/PASSWORD. You are responsible for any actions that take place while using your Sportsy account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. Sportsy is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

USER CONTENT. The term "User Content" refers to communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent owned by Sportsy.

GENERAL RULES FOR USER CONTENT.

Be Responsible. You are solely responsible for your User Content, your interactions with other users and your activity on the Platform. Do not take any action or post anything that may expose Sportsy or its users to any harm or liability of any type.

Be Relevant. Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don't talk about policies, future products, speculations or rumors about Sportsy and Sportsy products, or anything else off topic.

Be Courteous. Flaming and insults are prohibited. Do not post User Content, or a link to a website, that, in Sportsy's sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Platform user or person.

Be Private. Do not post personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.

Be Personal. The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Platform.

Be Yourself. Do not impersonate any person or entity, including without limitation athletes or Sportsy employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one Sportsy account, register a Sportsy account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.

Be Original. You promise that you own or control all rights in any User Content that you post on the Platform. You are responsible for ensuring that any User Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other intellectual property, personal or proprietary rights. You promise not to submit User Content unless you are the owner or have permission from the owner to post such User Content and grant Sportsy all of the license rights granted in this Agreement.

Be Legal. Do not post any User Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.

NO ENDORSEMENT. All Content made available to through the Platform is for entertainment purposes only. Neither Sportsy nor any licensor or provider of Sportsy recommends or endorses any content or any specific products, services, procedures, opinions or recommendations that may be included on the Platform or in any Content. Your reliance on any Content appearing on the Platform is solely at your own risk.

CONTENT IS NOT PRESCREENED. Sportsy does not prescreen User Content. Sportsy does not guarantee the Platform will be free from User Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Sportsy is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Content or activities of users on the Platform. Even in the event Sportsy chooses to monitor any User Content, Sportsy assumes no responsibility for, or any obligation to monitor or remove, such User Content. Sportsy reserves the right to edit, remove, or refuse to post any User Content or terminate your registered account for any reason.

UPLOADING CONTENT. Sportsy is not liable for any User Content you post or make available on or through the Platform. You will not provide User Content comprised of any third party materials unless you are the exclusive licensee of online distribution rights for the underlying material.

SPORTSY’S RIGHTS TO YOUR USER CONTENT. Your User Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Sportsy a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

LINKS. The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). Sportsy does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Sportsy is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

MOBILE SERVICES. The Platform may contain services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Sportsy's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

APPLICATIONS. Subject to Your compliance with this Agreement and any other terms and conditions accompanying each Sportsy mobile application, Sportsy will permit You to download and install Sportsy mobile applications and operate those Applications solely for the purpose of using and accessing the Platform. You may install each application only on devices or equipment owned or controlled by you and used only for Your own personal and non-commercial purposes in accordance with this Agreement and any applicable terms and conditions accompanying that application or otherwise provided to you by Sportsy. Except as expressly set forth in this Section, You are granted no licenses or other rights in or to any application. You agree not to use, modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit or utilize any application other than as expressly permitted in this Agreement or any other agreement you are required to agree to before being given access to any application.

PRIVACY. Our Privacy Policy, which is incorporated into this Agreement by this reference, further describes the collection and use of information on this Platform.

USER INTERACTION DISCLAIMER. You are solely responsible for your interactions with other people, whether online or in person. Sportsy is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Sportsy is under no obligation to become involved with any user dispute, but may do so at its own discretion.

DISCLAIMER. SPORTSY IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT OR OTHER CONTENT POSTED ON THE PLATFORM OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE PLATFORM. THE PLATFORM, USER CONTENT, CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SPORTSY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPORTSY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM. SPORTSY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, SPORTSY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER DEVICE IN WHICH YOU ACCESS THE PLATFORM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. SPORTSY RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE PLATFORM AT ANY TIME WITHOUT NOTICE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Sportsy, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of this Agreement, any law or the rights of any third party.

LIMITATION OF LIABILITY. SPORTSY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE SERVICES, PRODUCTS OR OTHER OFFERINGS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER CONTENT, EVEN IF SPORTSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST SPORTSY FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF SPORTSY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, SPORTSY'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

COPYRIGHT INFRINGEMENT COMPLAINTS. If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a 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. These requirements must be followed to give Sportsy legally sufficient notice to Sportsy of infringement. Send copyright infringement complaints to: Legal Department (Copyright) 5400 Playa Vista Drive #25, Playa Vista, CA 90094 Telephone: 814-602-6586. We suggest that you consult your legal advisor before filing a notice with Sportsy's copyright agent, because there may be penalties for false claims.

MODIFICATIONS. Sportsy reserves the right, at any time, to modify the Platform and any portion of the Content, with or without notice to you, by making those modifications available on the Platform. Sportsy also reserves the right, at any time, to modify the terms of this Agreement. Sportsy will inform you of the presence of any changes to this Agreement by posting those changes on the Platform or by providing you with notice through the Platform. Any modifications will be effective 30 days following posting on the Platform or delivery of such notice through the Platform, except in the case of a modification required for Sportsy or the Platform to comply with applicable laws, rules or regulations or to comply with any applicable requirement placed on Sportsy by a licensor or supplier, each of which will be effective upon posting. You may terminate this Agreement as set forth below if you object to any such modifications. However, You will be deemed to have agreed to any and all modifications through Your continued use of the Platform or Content following such notice period.

SEVERABILITY. If any provision in this Agreement is held invalid, the remainder of this Agreement shall continue to be enforceable. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision is deemed severable from this Agreement and the remaining provisions are still valid and enforceable.

ADDITIONAL TERMS. You agree that this Platform shall be deemed a passive website solely based in [___________], USA, which does not give rise to personal jurisdiction over Sportsy in jurisdictions other than [___________]. You agree that your use of this Platform, the Terms of Use and Privacy Policy, and any dispute between you and Sportsy, shall be governed in all respects by the laws of the State of [___________], without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of Sportsy services, products and other offerings) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in [______________], [___________]. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of [______________] county [___________]. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of Sportsy products) must be commenced within 1 year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from Sportsy. You agree that any notice, agreement, disclosure or other communication that Sportsy sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Sportsy's failure to insist upon or enforce strict performance of any of this Agreement shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of this Agreement. Sportsy may assign its rights and duties under this Agreement to any party at any time without notice to you.

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