GLOBAL SPORTS, INC.
Last updated: May 28, 2018
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. USE RESTRICTIONS
The Website and the content available thereon are provided to you for information purposes. You may use the Website for your information purposes and for contacting us, but you may not; (a) make available or use the information on the Website on any other platform or for the benefit of any third-party; (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Website or the content (as defined below) for any commercial purposes; (c) use any Website or content, to transmit any illegal, immoral, unlawful and/or unauthorized materials, or interfere with or violate users’ rights to privacy and other rights, or harvest or collect personally identifiable information about users without their express consent; (d) use the Website, to transmit or otherwise make available any malicious code, including any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program; (e) interfere with or disrupt the integrity, performance or operation of the Website, or any part thereof, including any servers or networks provided by third-party service providers; (f) attempt to gain unauthorized access or bypass any measures imposed to prevent or restrict access to the Website; (i) copy, modify, distribute, create derivative works, translate, port, reverse engineer, decompile, or disassemble the Website or the content, or any material that is subject to our proprietary rights, including without limitation for non-internal or commercial purpose, and shall not simulate or derive any source code or algorithms from the Website; and (j) misrepresent or impersonate any person or entity, or falsely state your affiliation, or express, imply that we endorse you in any manner, or represent or distribute inaccurate information about the Website.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time and each time you access this Website so you are aware of any changes, as they are binding on you.
4. ACCESSING THE WEBSITE & ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
a. Making all arrangements necessary for you to have access to the Website.
b. Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
5. PROPRIETARY RIGHTS
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
b. You may store files that are automatically cached by your Web browser for display enhancement purposes.
c. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
d. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
e. If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
i. Modify copies of any materials from this Website.
ii. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
6. COMPANY PROPERTY
The SportVEST name, the SportVEST logo and all related names, logos, product and service names, designs and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
7. PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website.
a. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the EU, U.S. or other countries).
b. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
c. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms.
d. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
e. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
f. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
g. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
h. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
i. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
j. Use any device, software or routine that interferes with the proper working of the Website.
k. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
l. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
m. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
n. Otherwise attempt to interfere with the proper working of the Website.
8. USER CONTRIBUTIONS
The Website may contain access to message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the content standards set out in these Terms.
Any User Contribution you Post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third-parties any such material for any purpose/according to your account settings.
You represent and warrant that:
a. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
b. All of your User Contributions do and will comply with these Terms.
c. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
d. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
a. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
b. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
c. Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
d. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
e. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. CONTENT STANDARDS
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
a. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
c. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
e. Be likely to deceive any person.
f. Promote any illegal activity, or advocate, promote or assist any unlawful act.
g. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
h. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
i. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
j. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third-parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
11. CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
12. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
13. LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Websites linked to this Website, you do so entirely at your own risk and subject to the Terms & Conditions of use for such Websites.
14. DISCLAIMER OF WARRANTIES
Except as expressly set forth under these Terms, the Website is provided on an “as is”, “as available” and “with all faults” basis, and without warranty or condition of any kind, either express or implied. Without limiting the foregoing, the Company explicitly disclaims any warranties, either express or implied, including without limitation, warranties of merchantability, and fitness for a particular purpose, non-infringement and quality of service. Neither the Company nor any person associated with the Company makes any warranty or representation that the Website will meet your expectations, will be free from viruses or that data and content obtained through the Website will be accurate, reliable or current, or that the Website will be available on an uninterrupted, secure, or error-free basis. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
You acknowledge and agree that use of the Website is at your own discretion and sole risk and that the entire risk as to the results and performance of the Website, including, without limitation, any damages to your computer system, mobile device or data stored on it, is solely yours.The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
15. LIMITATION ON LIABILITY
You acknowledge and agree that in no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any Websites linked to it, any content on the Website or such other Websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
17. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA.
18. BINDING ARBITRATION
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Company (i) waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and Company’s respective rights to a jury trial. Instead, you and Company will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
19. NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS
Any Dispute arising out of or related to these Terms is personal to you and Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
20. NOTICE; INFORMAL DISPUTE RESOLUTION
Each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Company shall be sent by email to Company at: firstname.lastname@example.org. Notice to you shall be by email to then-current email address in your account. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Company may, as appropriate and in accordance with these Terms, commence an arbitration proceeding.
Any arbitration will occur in the State of Delaware. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (the “AAA”), which are hereby incorporated by reference. The state or federal courts located in the State of Delaware will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
22. AUTHORITY OF ARBITRATOR
As limited by these Terms and the applicable AAA rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
23. SEVERABILITY OF DISPUTE RESOLUTION & ARBITRATION PROVISIONS
If any term, clause or provision of these arbitration terms is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of these arbitration terms will remain valid and enforceable.
24. LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) month after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
25. WAIVER & SEVERABILITY
No waiver of by the Company of any Term or Condition set forth in these Terms shall be deemed a further or continuing waiver of such Term or Condition or a waiver of any other Term or Condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
26. ENTIRE AGREEMENT