Terms of Service
Last Updated: March, 2023
1. Agreement
By using the SportsFeed website (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
SportsFeed LLC. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://sportsfeed.io/terms.
2. Description of Service
SportsFeed (the "Service") is a service from SportsFeed, LLC. (the “Company”) that enables sports organizations to communicate in a variety of ways with their users and other interested parties. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. The Company disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. The Company also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
3. Conditions of Use
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must access the Service using applications provided by SportsFeed or using a standard web browser. Using automated tools to access, upload or download content is not permitted.
You must be 13 years of age or older to create an account or web site on SportsFeed. Fraudulent accounts will be terminated.
4. User Conduct
“User Content” is content you create, generate, post, share or store when using the Site. Examples include but are not limited to posts, comments, reviews, photos, videos, music, sound, text, graphics, code, items or other materials. User Content will be viewable by others under the privacy settings you establish. We are not responsible or liable for any User Content and you agree to be solely responsible for your User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason. SportsFeed also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the User Content in SportsFeed's sole discretion.
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Services. You grant SportsFeed a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure.
SportsFeed does not control the User Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. SportsFeed reserves the right, but is not obligated to review the User Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. SportsFeed also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the User Content in SportsFeed's sole discretion.
Access to the Site does not grant to you the right to reproduce, copy, or distribute (except as permitted by SportsFeed on SportsFeed-provided user Web pages through the standardized SportsFeed selection process) by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings transmitted through the Site, including (without limitation) transferring or downloading them to a computer hard drive, or otherwise copying them onto any other storage medium. In addition, access to the site does not grant to you the right to perform publicly, by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings made available by SportsFeed or its affiliated companies through the site, including (without limitation) any transmission, retransmission, or further transmission of them transmitted through the Site.We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with law. If you believe any materials accessible on or from the Site infringe your copyright and/or trademark you own or control, you may file a notification of such infringement with our designated agent:
Designated Agent Information
Copyright Operations
SportsFeed, LLC
2745 Anderson Ferry Road
Cincinnati, OH 45238
Email: support@sportsfeed.io
Your notification should contain:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification, with information reasonably sufficient to allow its location of the material claimed to be infringing;
Information reasonably sufficient to permit us to contact you;
A NOTICE you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A NOTICE that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you: (i) fail to comply with the requirements of this policy, your DMCA notice may not be valid; and (ii) knowingly make a material misrepresentation in your notification, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Prohibited User Content
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
5. Ownership Disputes, Intellectual Property and Use of the Site
All text, graphics and multimedia content available from the entry point URL https://sportsfeed.io and pages within that domain (the "Site") and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this site are the property of SportsFeed and/or its affiliates. All material on this Site, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by SportsFeed or by other parties that have licensed their material to SportsFeed (or posted to the Site pursuant to a user agreement with SportsFeed). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
"SportsFeed.io," and the "SportsFeed " logo are trademarks and service marks of SportsFeed. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners. User acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. User further acknowledges and agrees that content contained in sponsor advertisements or information presented to User through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.
SportsFeed provides User with a non-exclusive, non-transferable, limited license to use the Software, which User agrees to use in accordance with this Agreement. User may not sub-license or charge others to use or access the Software without first obtaining written permission from SportsFeed. The Software is owned by SportsFeed and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of SportsFeed and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. USER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
Access to the Site does not grant to you the right to reproduce, copy, or distribute (except as permitted by SportsFeed on SportsFeed-provided user Web pages through the standardized SportsFeed selection process) by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings transmitted through the Site, including (without limitation) transferring or downloading them to a computer hard drive, or otherwise copying them onto any other storage medium. In addition, access to the site does not grant to you the right to perform publicly, by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings made available by SportsFeed or its affiliated companies through the site, including (without limitation) any transmission, retransmission, or further transmission of them transmitted through the Site.
SportsFeed has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing, please contact SportsFeed immediately.
You may notify SportsFeed of alleged intellectual property rights infringement by contacting SportsFeed at:
SportsFeed, LLC.
Attn: SportsFeed.io
2745 Anderson Ferry Road
Cincinnati, OH 45238
SportsFeed reserves the right, at its sole discretion, to, at any time, determine the rightful owner of User Web Sites. In most cases, ownership will revert to the organization for which the User Web Site was created regardless of the individual responsible for creating, maintaining or purchasing the upgrades or related services.
6. Termination/Cancellation of User Account or Web Site
Either SportsFeed or the User may terminate or cancel the User's Account or Web Site at any time without notice . You understand and agree that the cancellation of User's account is User's sole right and remedy with respect to any dispute with SportsFeed.
7. Limitations and Disclaimer of Warranties
In no event shall SportsFeed be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
DISCLAIMER OF WARRANTIES.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) USER'S USE OF THE SERVICE IS AT USER'S SOLE RISK. SportsFeed AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, THE SportsFeed WEB SITE AND THE USER WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) SportsFeed AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET USER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICE WILL MEET USER'S EXPECTATIONS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE SportsFeed WEB SITE OR USER WEB SITES IS DONE AT USER'S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SportsFeed AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF SportsFeed OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO USER. IN NO EVENT SHALL SportsFeed's AGGREGATE LIABILITY TO USER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT USER ACTUALLY PAYS TO SportsFeed UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither SportsFeed nor its suppliers is responsible for any of User's data residing on the Service or SportsFeed's suppliers' hardware. User is responsible for backing-up User's data and information that may reside on the Service or SportsFeed's suppliers' hardware, whether or not such information is produced through the use of the Service. It is User's responsibility to take the necessary steps to ensure that User's primary means of business is maintained (if applicable).
8. Revisions and Errata
The materials appearing on SportsFeed's web site could include technical, typographical, or photographic errors. SportsFeed does not warrant that any of the materials on its web site or any User Web Site are accurate, complete, or current. SportsFeed may make changes to the materials contained on its web site at any time without notice.
SportsFeed makes no warrant as to the safety, reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of information on the Site. SportsFeed cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. SportsFeed cannot and does not guarantee or warrant that files available for downloading from this Site are free from infection by viruses, worms, Trojan horses or other code that may harm your computer or system. SportsFeed does not warrant that this Site will be delivered to you over the Internet uninterrupted or error-free or that defects will be corrected. Users are responsible for implementing and maintaining adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to SportsFeed.io, including, but not limited to User web pages.
All information in bulletin boards or chat sessions should be relied on by you at your own risk. You assume the risk that the data is incorrect or inaccurate. No such information should be construed as the advice of a professional.
9. Posted Information and Internet Services Provided By SportsFeed
The information and opinions expressed on user Web pages, or in bulletin boards, chat rooms, or other forums conducted on the site are not those of SportsFeed or its affiliated or related entities or content providers. SportsFeed merely provides the Internet Services by which third parties are able to post information to certain SportsFeed.io Site areas. While SportsFeed may remove any such content provided by third parties for any reason whatsoever, SportsFeed does not undertake to review or monitor such discussions or Web page content. SportsFeed makes no representations or warranties regarding that information or those opinions. Neither SportsFeed nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever, including (without limitation) persons who may use or rely on such data or materials, or to whom such data or materials may be furnished, for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided at the site.
By developing a Web page through the SportsFeed site or providing any other information to SportsFeed (such as through a chat or by posting to a bulletin board), you grant to SportsFeed a non-exclusive, worldwide, royalty-free, perpetual license to any Web page information (including but not limited to text, graphics, video, and sound), notes, message or billboard postings, ideas, suggestions, concepts or other material (all such content being referred to as "User Content"). You hereby grant to SportsFeed the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material and other information (including ideas for new and improved products) all such User Content. When you submit material to the Site, you agree that SportsFeed has the right to publish or use the material for any type of use as outlined above, including promotional and advertising purposes.
SportsFeed is not responsible for any material posted on our forums, or elsewhere. You shall not submit or otherwise publish through such forums, or elsewhere, any content that: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including (but not limited to) violating anyone's copyrights or trademarks (by way of example, you shall not use the term "Little League" and understand and agree that "Little League" is a trademark of Little League Inc. If a third party notifies SportsFeed of your trademark violation, including, without limitation, the Little League trademark, SportsFeed shall be forced to remove said material from your site without notice to you); (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to indemnify SportsFeed and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations and warranties.
10. Limited Distribution and Territorial Considerations
Unless otherwise specified, all materials in the Site are presented solely for the purpose of entertainment and promoting programs, music and other products available in the United States, its territories, possessions and protectorates. This site is controlled and operated by SportsFeed from its offices within the State of Ohio, U.S.A. SportsFeed makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the site should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of Ohio by SportsFeed.
11. Charges and Billing
User hereby authorizes SportsFeed to charge User's designated payment method in advance for all applicable fees incurred by User in connection with User's chosen Service and User's Account. User hereby acknowledges that in most cases, SportsFeed will be charging User's designated payment method in accordance with the payment schedule of the Service for which User has registered, but some charges may accumulate on User's account before they are charged to User's payment method. User further acknowledges that it is User's responsibility to provide accurate billing and payment information and keep this information up-to-date. You authorize SportsFeed to charge your payment method for these charges, to obtain updated account information directly from your credit card company and/or financial institution for facilitating any such authorized charges, as may be applicable, and to retain information about the payment method associated with your Account. If SportsFeed does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by SportsFeed. All fees shall be paid in U.S. dollars.
Every time you use the Service, you reaffirm that (i) SportsFeed is authorized to charge your designated payment method; (ii) SportsFeed may submit charges incurred under your Account for payment; and (iii) you will be responsible for such charges, even if your usership is canceled or terminated.
SportsFeed reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which SportsFeed does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after SportsFeed posts such modification on the SportsFeed Web Site. SportsFeed also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after User registers for the Service. As set forth in Section 18 of this Agreement, User may cancel any Service Upgrades or User's Account at any time, but SportsFeed will not refund any remaining portion of User's pre-paid fees when User cancels such upgrades or User's Account and User may be charged a cancellation fee. The answer to many common billing questions can by found by going to https://www.sportsfeed.io/site-help.
User agrees to pay User's Account balance on time. User also agrees to pay any taxes, including sales or use taxes, resulting from User's use of the Service. Amounts not paid by User to SportsFeed when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if User's payment is more than thirty (30) days past due. That amount is also due immediately. Nonpayment of services will cause your Account to be deemed delinquent and SportsFeed may terminate or suspend your Account for nonpayment. User is responsible and liable for any fees, including attorney and collection fees, that SportsFeed may incur in its efforts to collect any remaining balances due from User. This Section shall in no way limit any other remedies available to SportsFeed. User also acknowledges and agrees that User will be billed for and will pay any outstanding balances if User cancels User's Account or User's Account is terminated. User must notify SportsFeed of any billing problems or discrepancies within sixty (60) days after they first appear on User's credit card account statement. If User does not notify SportsFeed within sixty (60) days, User waives any right to dispute such problems or discrepancies.
12. Privacy and Data Collection
By visiting the SportsFeed site, you expressly consent to the collection and use by SportsFeed of personally identifiable information, on an individual and an aggregate basis, as set forth in the Privacy and Data Collection Policy.
Cookies (Advertising)
We utilize different cookies and similar technologies to recognize you when visiting our Site. In addition, we’d love to send you information and materials, including marketing and advertising information sometimes from third parties. We realize you may not be interested in this information, so please let us know by visiting the “Cookies” section of our Privacy NOTICE which further explains our use of these technologies, why we use them, and your rights to control and your information sent to you.
Children
We do not market or advertise to children and we require that you be at least 13 years old to use the Site. If you are under 18, you represent that you have your parent or guardian’s permission to use the Site. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Site, you are subject to the terms of this Agreement and responsible for your child’s activity while using the Site. Please see our Privacy NOTICE for more information.
13. Links and Third Party Content
SportsFeed has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SportsFeed of the site. Use of any such linked web site is at the user's own risk.
For User's convenience, the Service, which includes the SportsFeed Web Site, contains products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of SportsFeed and SportsFeed is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. SportsFeed is under no obligation, but does reserve the right to pre-screen Third Party Content available on the Service and does not assume any responsibility or liability for the content provided by others. SportsFeed is providing such Third Party Content to User only as a convenience, and the inclusion of such content does not imply endorsement by SportsFeed of such content or the affiliate or advertiser. User may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. SportsFeed does reserve the right to remove content that, in SportsFeed's judgment, does not meet its standards, but SportsFeed is not responsible for any failure or delay in removing such material.
SportsFeed is not and will not be responsible for (i) the terms and conditions of any transaction between User and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that User has a dispute with any such third party, User releases SportsFeed (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
14. Indemnification
User agrees to indemnify and hold SportsFeed and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) User's breach of this Agreement; (ii) any information (including but not limited to User Data and User's publicly posted information) submitted, posted, or otherwise provided by User at the User Web Site and/or to SportsFeed and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by User's actions; and (iv) User's negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of User's relationship with SportsFeed or User's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of SportsFeed and/or its suppliers, affiliates, partners, subsidiaries and employees.
15. Copyright and Trademark Notices
All materials of the Service and the Software (as well as the organization and layout of the SportsFeed Web Site) are owned and copyrighted or licensed by SportsFeed, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the SportsFeed Web Site and/or the Software, is permitted without the written permission of SportsFeed. Any rights not expressly granted herein are reserved.
16. Site Terms of Use Modifications
SportsFeed may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
17. General Provisions
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party, or SportsFeed bring to enforce this agreement, or in connection with any matters related to this site, shall be brought only in either the state or Federal courts located in Hamilton County, Ohio. You expressly consent to the jurisdiction of said courts.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters set forth herein, and shall not be modified except in writing, signed by SportsFeed.
SportsFeed reserves the right to change or update these terms and conditions of use at any time. Any changes or updates will be effective immediately upon posting to the site. USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT USER AGREES TO ALL ITS TERMS AND CONDITIONS. USER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
Arbitration/ Jurisdiction
User agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in San Diego County, California under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. User agrees that any claim against SportsFeed must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, SportsFeed may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 13 (SportsFeed Proprietary Rights/Software License) or (ii) to collect fees due and owing from User pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
Severability
If any term, clause or provision of this section on arbitration is held invalid or unenforceable, then to the minimum extent required by law, all other terms, clauses and provisions will remain valid and enforceable.
Severability and Entire Agreement
Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid, void or unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. These Terms including the Privacy NOTICEs set forth the entire understanding between you and us and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
1. Agreement
By using the SportsFeed website (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
SportsFeed LLC. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://sportsfeed.io/terms.
2. Description of Service
SportsFeed (the "Service") is a service from SportsFeed, LLC. (the “Company”) that enables sports organizations to communicate in a variety of ways with their users and other interested parties. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. The Company disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. The Company also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
3. Conditions of Use
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must access the Service using applications provided by SportsFeed or using a standard web browser. Using automated tools to access, upload or download content is not permitted.
You must be 13 years of age or older to create an account or web site on SportsFeed. Fraudulent accounts will be terminated.
4. User Conduct
“User Content” is content you create, generate, post, share or store when using the Site. Examples include but are not limited to posts, comments, reviews, photos, videos, music, sound, text, graphics, code, items or other materials. User Content will be viewable by others under the privacy settings you establish. We are not responsible or liable for any User Content and you agree to be solely responsible for your User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason. SportsFeed also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the User Content in SportsFeed's sole discretion.
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Services. You grant SportsFeed a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure.
SportsFeed does not control the User Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. SportsFeed reserves the right, but is not obligated to review the User Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. SportsFeed also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the User Content in SportsFeed's sole discretion.
Access to the Site does not grant to you the right to reproduce, copy, or distribute (except as permitted by SportsFeed on SportsFeed-provided user Web pages through the standardized SportsFeed selection process) by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings transmitted through the Site, including (without limitation) transferring or downloading them to a computer hard drive, or otherwise copying them onto any other storage medium. In addition, access to the site does not grant to you the right to perform publicly, by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings made available by SportsFeed or its affiliated companies through the site, including (without limitation) any transmission, retransmission, or further transmission of them transmitted through the Site.We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with law. If you believe any materials accessible on or from the Site infringe your copyright and/or trademark you own or control, you may file a notification of such infringement with our designated agent:
Designated Agent Information
Copyright Operations
SportsFeed, LLC
2745 Anderson Ferry Road
Cincinnati, OH 45238
Email: support@sportsfeed.io
Your notification should contain:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification, with information reasonably sufficient to allow its location of the material claimed to be infringing;
Information reasonably sufficient to permit us to contact you;
A NOTICE you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A NOTICE that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you: (i) fail to comply with the requirements of this policy, your DMCA notice may not be valid; and (ii) knowingly make a material misrepresentation in your notification, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Prohibited User Content
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
- Except as otherwise permitted by SportsFeed in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
- SportsFeed claims no intellectual property rights over the material (“Content”) you provide to the Service. Your Account and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow anyone to view and share your Content. All content posted on the Service must comply with U.S. copyright law.
5. Ownership Disputes, Intellectual Property and Use of the Site
All text, graphics and multimedia content available from the entry point URL https://sportsfeed.io and pages within that domain (the "Site") and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this site are the property of SportsFeed and/or its affiliates. All material on this Site, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by SportsFeed or by other parties that have licensed their material to SportsFeed (or posted to the Site pursuant to a user agreement with SportsFeed). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
"SportsFeed.io," and the "SportsFeed " logo are trademarks and service marks of SportsFeed. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners. User acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. User further acknowledges and agrees that content contained in sponsor advertisements or information presented to User through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.
SportsFeed provides User with a non-exclusive, non-transferable, limited license to use the Software, which User agrees to use in accordance with this Agreement. User may not sub-license or charge others to use or access the Software without first obtaining written permission from SportsFeed. The Software is owned by SportsFeed and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of SportsFeed and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. USER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
Access to the Site does not grant to you the right to reproduce, copy, or distribute (except as permitted by SportsFeed on SportsFeed-provided user Web pages through the standardized SportsFeed selection process) by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings transmitted through the Site, including (without limitation) transferring or downloading them to a computer hard drive, or otherwise copying them onto any other storage medium. In addition, access to the site does not grant to you the right to perform publicly, by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings made available by SportsFeed or its affiliated companies through the site, including (without limitation) any transmission, retransmission, or further transmission of them transmitted through the Site.
SportsFeed has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing, please contact SportsFeed immediately.
You may notify SportsFeed of alleged intellectual property rights infringement by contacting SportsFeed at:
SportsFeed, LLC.
Attn: SportsFeed.io
2745 Anderson Ferry Road
Cincinnati, OH 45238
SportsFeed reserves the right, at its sole discretion, to, at any time, determine the rightful owner of User Web Sites. In most cases, ownership will revert to the organization for which the User Web Site was created regardless of the individual responsible for creating, maintaining or purchasing the upgrades or related services.
6. Termination/Cancellation of User Account or Web Site
Either SportsFeed or the User may terminate or cancel the User's Account or Web Site at any time without notice . You understand and agree that the cancellation of User's account is User's sole right and remedy with respect to any dispute with SportsFeed.
7. Limitations and Disclaimer of Warranties
In no event shall SportsFeed be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
DISCLAIMER OF WARRANTIES.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) USER'S USE OF THE SERVICE IS AT USER'S SOLE RISK. SportsFeed AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, THE SportsFeed WEB SITE AND THE USER WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) SportsFeed AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET USER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICE WILL MEET USER'S EXPECTATIONS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE SportsFeed WEB SITE OR USER WEB SITES IS DONE AT USER'S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SportsFeed AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF SportsFeed OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO USER. IN NO EVENT SHALL SportsFeed's AGGREGATE LIABILITY TO USER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT USER ACTUALLY PAYS TO SportsFeed UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither SportsFeed nor its suppliers is responsible for any of User's data residing on the Service or SportsFeed's suppliers' hardware. User is responsible for backing-up User's data and information that may reside on the Service or SportsFeed's suppliers' hardware, whether or not such information is produced through the use of the Service. It is User's responsibility to take the necessary steps to ensure that User's primary means of business is maintained (if applicable).
8. Revisions and Errata
The materials appearing on SportsFeed's web site could include technical, typographical, or photographic errors. SportsFeed does not warrant that any of the materials on its web site or any User Web Site are accurate, complete, or current. SportsFeed may make changes to the materials contained on its web site at any time without notice.
SportsFeed makes no warrant as to the safety, reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of information on the Site. SportsFeed cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. SportsFeed cannot and does not guarantee or warrant that files available for downloading from this Site are free from infection by viruses, worms, Trojan horses or other code that may harm your computer or system. SportsFeed does not warrant that this Site will be delivered to you over the Internet uninterrupted or error-free or that defects will be corrected. Users are responsible for implementing and maintaining adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to SportsFeed.io, including, but not limited to User web pages.
All information in bulletin boards or chat sessions should be relied on by you at your own risk. You assume the risk that the data is incorrect or inaccurate. No such information should be construed as the advice of a professional.
9. Posted Information and Internet Services Provided By SportsFeed
The information and opinions expressed on user Web pages, or in bulletin boards, chat rooms, or other forums conducted on the site are not those of SportsFeed or its affiliated or related entities or content providers. SportsFeed merely provides the Internet Services by which third parties are able to post information to certain SportsFeed.io Site areas. While SportsFeed may remove any such content provided by third parties for any reason whatsoever, SportsFeed does not undertake to review or monitor such discussions or Web page content. SportsFeed makes no representations or warranties regarding that information or those opinions. Neither SportsFeed nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever, including (without limitation) persons who may use or rely on such data or materials, or to whom such data or materials may be furnished, for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided at the site.
By developing a Web page through the SportsFeed site or providing any other information to SportsFeed (such as through a chat or by posting to a bulletin board), you grant to SportsFeed a non-exclusive, worldwide, royalty-free, perpetual license to any Web page information (including but not limited to text, graphics, video, and sound), notes, message or billboard postings, ideas, suggestions, concepts or other material (all such content being referred to as "User Content"). You hereby grant to SportsFeed the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material and other information (including ideas for new and improved products) all such User Content. When you submit material to the Site, you agree that SportsFeed has the right to publish or use the material for any type of use as outlined above, including promotional and advertising purposes.
SportsFeed is not responsible for any material posted on our forums, or elsewhere. You shall not submit or otherwise publish through such forums, or elsewhere, any content that: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including (but not limited to) violating anyone's copyrights or trademarks (by way of example, you shall not use the term "Little League" and understand and agree that "Little League" is a trademark of Little League Inc. If a third party notifies SportsFeed of your trademark violation, including, without limitation, the Little League trademark, SportsFeed shall be forced to remove said material from your site without notice to you); (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to indemnify SportsFeed and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations and warranties.
10. Limited Distribution and Territorial Considerations
Unless otherwise specified, all materials in the Site are presented solely for the purpose of entertainment and promoting programs, music and other products available in the United States, its territories, possessions and protectorates. This site is controlled and operated by SportsFeed from its offices within the State of Ohio, U.S.A. SportsFeed makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the site should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of Ohio by SportsFeed.
11. Charges and Billing
User hereby authorizes SportsFeed to charge User's designated payment method in advance for all applicable fees incurred by User in connection with User's chosen Service and User's Account. User hereby acknowledges that in most cases, SportsFeed will be charging User's designated payment method in accordance with the payment schedule of the Service for which User has registered, but some charges may accumulate on User's account before they are charged to User's payment method. User further acknowledges that it is User's responsibility to provide accurate billing and payment information and keep this information up-to-date. You authorize SportsFeed to charge your payment method for these charges, to obtain updated account information directly from your credit card company and/or financial institution for facilitating any such authorized charges, as may be applicable, and to retain information about the payment method associated with your Account. If SportsFeed does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by SportsFeed. All fees shall be paid in U.S. dollars.
Every time you use the Service, you reaffirm that (i) SportsFeed is authorized to charge your designated payment method; (ii) SportsFeed may submit charges incurred under your Account for payment; and (iii) you will be responsible for such charges, even if your usership is canceled or terminated.
SportsFeed reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which SportsFeed does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after SportsFeed posts such modification on the SportsFeed Web Site. SportsFeed also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after User registers for the Service. As set forth in Section 18 of this Agreement, User may cancel any Service Upgrades or User's Account at any time, but SportsFeed will not refund any remaining portion of User's pre-paid fees when User cancels such upgrades or User's Account and User may be charged a cancellation fee. The answer to many common billing questions can by found by going to https://www.sportsfeed.io/site-help.
User agrees to pay User's Account balance on time. User also agrees to pay any taxes, including sales or use taxes, resulting from User's use of the Service. Amounts not paid by User to SportsFeed when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if User's payment is more than thirty (30) days past due. That amount is also due immediately. Nonpayment of services will cause your Account to be deemed delinquent and SportsFeed may terminate or suspend your Account for nonpayment. User is responsible and liable for any fees, including attorney and collection fees, that SportsFeed may incur in its efforts to collect any remaining balances due from User. This Section shall in no way limit any other remedies available to SportsFeed. User also acknowledges and agrees that User will be billed for and will pay any outstanding balances if User cancels User's Account or User's Account is terminated. User must notify SportsFeed of any billing problems or discrepancies within sixty (60) days after they first appear on User's credit card account statement. If User does not notify SportsFeed within sixty (60) days, User waives any right to dispute such problems or discrepancies.
12. Privacy and Data Collection
By visiting the SportsFeed site, you expressly consent to the collection and use by SportsFeed of personally identifiable information, on an individual and an aggregate basis, as set forth in the Privacy and Data Collection Policy.
Cookies (Advertising)
We utilize different cookies and similar technologies to recognize you when visiting our Site. In addition, we’d love to send you information and materials, including marketing and advertising information sometimes from third parties. We realize you may not be interested in this information, so please let us know by visiting the “Cookies” section of our Privacy NOTICE which further explains our use of these technologies, why we use them, and your rights to control and your information sent to you.
Children
We do not market or advertise to children and we require that you be at least 13 years old to use the Site. If you are under 18, you represent that you have your parent or guardian’s permission to use the Site. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Site, you are subject to the terms of this Agreement and responsible for your child’s activity while using the Site. Please see our Privacy NOTICE for more information.
13. Links and Third Party Content
SportsFeed has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SportsFeed of the site. Use of any such linked web site is at the user's own risk.
For User's convenience, the Service, which includes the SportsFeed Web Site, contains products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of SportsFeed and SportsFeed is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. SportsFeed is under no obligation, but does reserve the right to pre-screen Third Party Content available on the Service and does not assume any responsibility or liability for the content provided by others. SportsFeed is providing such Third Party Content to User only as a convenience, and the inclusion of such content does not imply endorsement by SportsFeed of such content or the affiliate or advertiser. User may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. SportsFeed does reserve the right to remove content that, in SportsFeed's judgment, does not meet its standards, but SportsFeed is not responsible for any failure or delay in removing such material.
SportsFeed is not and will not be responsible for (i) the terms and conditions of any transaction between User and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that User has a dispute with any such third party, User releases SportsFeed (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
14. Indemnification
User agrees to indemnify and hold SportsFeed and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) User's breach of this Agreement; (ii) any information (including but not limited to User Data and User's publicly posted information) submitted, posted, or otherwise provided by User at the User Web Site and/or to SportsFeed and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by User's actions; and (iv) User's negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of User's relationship with SportsFeed or User's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of SportsFeed and/or its suppliers, affiliates, partners, subsidiaries and employees.
15. Copyright and Trademark Notices
All materials of the Service and the Software (as well as the organization and layout of the SportsFeed Web Site) are owned and copyrighted or licensed by SportsFeed, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the SportsFeed Web Site and/or the Software, is permitted without the written permission of SportsFeed. Any rights not expressly granted herein are reserved.
16. Site Terms of Use Modifications
SportsFeed may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
17. General Provisions
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party, or SportsFeed bring to enforce this agreement, or in connection with any matters related to this site, shall be brought only in either the state or Federal courts located in Hamilton County, Ohio. You expressly consent to the jurisdiction of said courts.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters set forth herein, and shall not be modified except in writing, signed by SportsFeed.
SportsFeed reserves the right to change or update these terms and conditions of use at any time. Any changes or updates will be effective immediately upon posting to the site. USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT USER AGREES TO ALL ITS TERMS AND CONDITIONS. USER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
Arbitration/ Jurisdiction
User agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in San Diego County, California under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. User agrees that any claim against SportsFeed must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, SportsFeed may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 13 (SportsFeed Proprietary Rights/Software License) or (ii) to collect fees due and owing from User pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
Severability
If any term, clause or provision of this section on arbitration is held invalid or unenforceable, then to the minimum extent required by law, all other terms, clauses and provisions will remain valid and enforceable.
Severability and Entire Agreement
Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid, void or unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. These Terms including the Privacy NOTICEs set forth the entire understanding between you and us and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
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