TERMS OF SERVICE
These Terms govern your use of Sportamix and the products, features, apps, services, technologies and software that we offer, except where we expressly state that separate Terms (and not these) apply.
A. Our services
Our mission is to give people, interested, or professionally involved in sports, the power to build a social community around the subject of their interest. To help advance this mission, we provide the products and services described below to you:
Provide a personalized experience for you:
Your experience on Sportamix is unlike anyone else's: from the posts, stories, events, ads and other content that you see. We use the data we have – for example, about the connections you make, the choices and settings you select, to personalize your experience.
Connect you with people and organizations that you care about:
We help you find and connect with people, groups, businesses, organizations and others that matter to you. We use the data that we have to make suggestions for you and others – for example, groups to join, events to attend, pages to follow or send a message to, and people who you may want to become friends with.
Help you discover content, products and services that may interest you:
We show you ads, offers and other sponsored content to help you discover content, products and services that are offered by the many businesses and organizations that use Sportamix. Our partners pay us to show their content to you, and we design our services so that the sponsored content you see is as relevant and useful to you as everything else that you see on our platform.
Research ways to make our services better:
We engage in research and collaborate with others to improve our platform. One way we do this is by analyzing the data we have and understanding how people use our platform.
Enable global access to our services:
To operate our global service, we need to store and distribute content and data in our data centres and systems around the world, including outside your country of residence.
C. Your commitments to Sportamix
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
1. Who can use Sportamix
- Provide accurate information about yourself.
- Not share your password, give access to your account to others or transfer your account to anyone else (without our permission).
We try to make Sportamix broadly available to everyone, but you cannot use Sportamix if:
- We've previously disabled your account for breaches of our Terms.
- You are prohibited from receiving our products, services or software under applicable laws.
2. What you can share and do on Sportamix
We want people to use Sportamix to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- You may not use our platform to do or share anything:
- That breaches these Terms.
- That is unlawful, misleading, discriminatory or fraudulent.
- That infringes or breaches someone else's rights.
- You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our platform.
- You may not access or collect data from our platform using automated means (without our prior permission) or attempt to access data that you do not have permission to access.
We can remove content that you share in breach of these provisions and, if applicable, we may take action against your account. We may also disable your account if you repeatedly infringe other people’s intellectual property rights.
3. The permissions you give us
We need certain permissions from you to provide our services:
- Permission to use content that you create and share: You own the content that you create and share on Sportamix, and nothing in these Terms takes away the rights that you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, however, we need you to give us some legal permissions to use this content.
- Specifically, when you share, post or upload content that is covered by intellectual property rights (e.g. photos or videos) on our platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with privacy and application settings).
- You can end this license at any time by deleting your content or account. You should know that, for technical reasons, any content that you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content that you delete may continue to appear if you have shared it with others and they have not deleted it.
- Permission to use your name, profile picture and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions that you have taken on Sportamix next to or in connection with ads, offers and other sponsored content that we display across our platform, without any compensation to you.
- If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf.
- Permission to update software that you use or download: If you download or use our software, you give us permission to download and install upgrades, updates and additional features to improve, enhance and further develop it.
4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available (for example, images, designs, videos or sounds that we provide, which you add to content you create or share on Sportamix), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks only with our express prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.
D. Additional provisions
1. Updating our Terms
We work constantly to improve our services and develop new features to make our platform better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our platform.
We hope that you will continue using our platform, but if you do not agree to our updated Terms and no longer want to be a part of the Sportamix community, you can delete your account at any time.
2. Account suspension or termination
We want Sportamix to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have breached our terms or policies, we may take action against your account to protect our community and services, including by suspending access to your account or disabling it. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it. You can learn more about what you can do if your account has been disabled.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: Sections C and D.
3. Limits on liability
We work hard to provide the best services we can and to specify clear guidelines for everyone who uses them. Our platform, however, is provided “as is,” and we make no guarantees that they will always be safe, secure or error-free, or that they will function without disruptions, delays or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content).
We cannot predict when issues may arise with our platform. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or our platform, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or our platform will not exceed the greater of USD 100.00 or the amount you have paid us in the past twelve months.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
For any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or your use of our platform (“claim”), you agree that it will be resolved exclusively in the US District Court for the Central District of California or a state court located in County of Los Angeles. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.
- These Terms make up the entire agreement between you and Sportamix Corporation regarding your use of our platform. They supersede any prior agreements.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
- These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
- You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life).
- We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
- We reserve all rights not expressly granted to you