DATE OF LAST UPDATE: 1 AUGUST 2017
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
These Terms govern the use by you, the end user (the “User”), whether as a visitor or as a holder of a registered account (“Account”), of the service provided by SportNation.com (the “Website”) howsoever accessed and constitute a legally binding agreement between the two parties.
1 ACCEPTANCE OF TERMS
This Agreement contains the comprehensive and complete Terms which govern the use of the Website by Users. Throughout this agreement, terms such as “our”, “we”, “us” shall refer to the Website, while the terms “you”, “yours” and “your” will refer to the User.
By accessing and using the Website you are indicating that you understand and accept these Terms. You may not access or use the Website if you do not accept the Terms.
By accessing and using the Website, you agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these Terms and is happy for you to use the Website.
If any laws applicable to you restrict or prohibit you from uisng the Website, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Website.
2 OTHER POLICIES AND RULES
These Terms apply to:
(a) any games, competitions or quizzes made available in or through the Website (“Games”);
(b) content, materials, data, information, documents, graphics and images made available in or through the Website (“Content”);
(c) any content, materials, information or documents that you may upload (including any comments that you send or post to any message boards) in or through the Website (“Postings“); and
(d) any software that you may need to download and/or use in order to use the Website (“Software“).
3 CHANGES TO THE TERMS
We reserve the right to periodically update, modify or amend these Terms (and any additional rules or policies). All such revisions, upon being posted on the Website, shall take effect immediately. Continued use of the Website following any such posting shall constitute acceptance of the revisions or changes.
4 ACCESS TO SERVICES
Subject to your acceptance of these Terms, we grant you a non-exclusive, non-transferable, revocable limited license to use the Website for your personal, non-commercial use by any device(s) of which you are the primary user. You agree not to use the Website for any other purpose, or to copy, distribute, trade or resell the Website, any Content, Posting or Software for any purpose.
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website without notice. The Website is updated regularly, and may change at any time. You acknowledge and agree that the specific form and/or nature of the Website or any of its services may change from time to time without prior notice at our sole discretion. We will not be liable if for any reason the Website is unavailable at any time or for any period.
We may terminate your Account, delete any Content and/or prohibit you from using or accessing the Website (or any portion, aspect or feature of the Website) for any reason, at any time in our sole discretion.
5 REGISTRATION INFORMATION
You can access most areas of this Website without giving us any personal information. However, you may choose to provide us with personal information to register an Account to access more Content on the Website. During the process of creating an Account, you will be required to select a username and password or to allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information:
- You agree that you shall take all steps necessary to protect your Login Information and keep them secret. You agree that you shall not give your Login Information to anyone else or allow anyone else to use your Login Information or Account.
- If you fail to keep your Login Information secret, or if you share your Login Information or Account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases).
- We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your Account and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
- In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us.
- We reserve the right to delete your Account if no activity is conducted by you in relation to the Account for 180 days or more. In such event, you will no longer be able to access and/or use any Coins (as defined below) associated with that Account and no refund will be offered to you in relation to the same.
Some data used on the Website is provided by leading third party sports data providers.
Whilst we make every attempt to ensure that any Content used on the Website is accurate, such Content is subject to error and may not always be 100% accurate. Content on the Website may therefore vary significantly from content in relation to the same event on other media sources. In agreeing to these Terms you expressly acknowledge and agree that Content may be inaccurate and subject to error. You further agree that under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available in or through the Website.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The Website may contain links to or adverts from gambling websites. Such adverts or links are intended for over 18s only. In accessing any such links, you confirm, warrant and represent to us that you are at least 18 years of age or the legal minimum age in your country of residence (whichever is higher) as is applicable under the relevant legislation in the jurisdiction from which you are accessing the Website. THIS WEBSITE IS NOT A GAMBLING WEBSITE.
7 RESPONSIBLE CONDUCT
The Website is intended solely for recreational and entertainment purposes. You are only entitled to hold one Account. If you are found to have attempted to open duplicate accounts, we reserve the right to immediately terminate or deny you access to your Accounts.
As a condition of your use of and access to the Website, you agree to comply with the following usage rules, which are provided as an example rather than as a limitation:
- You agree not to upload, communicate, transmit or otherwise make available any Posting or Content that includes any offensive comments that: are connected to race, national origin, gender, sexual preference or physical disability; include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language; defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone; promote violence or describe how to perform a violent act; violate the contractual, personal, intellectual property or other rights of any party, promote or constitute illegal activity; or violate these Terms.
We do not control or endorse the content, messages or information found in Postings or external sites that may be linked to or from the Website and, therefore, we specifically disclaim any responsibility with regard thereto.
We have the right to remove Content or Postings from the Website if we decide in our sole discretion that it results in or from a breach of any part of these Terms. However, you acknowledge that we do not actively monitor Content or Postings and we make no undertaking to do so.
You are solely responsible for your interactions with other users of the Website. By accessing the Website, you agree to your display name and other related details being displayed to other users. Please note that we will only show your display name publically, and not your email address.
8 LIMITATION OF LIABILITY
We do not accept any liability for any damages, liabilities or losses which are deemed or alleged to have arisen out of or in connection with the Website or its Content (including delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of the Website or its content or any errors or omissions in content).
While we endeavour to ensure that any information within the Website is correct, we do not warrant the accuracy or completeness of the information and materials in the Website. The Website may contain typographical errors or other inaccuracies, or information that is out of date. We are under no obligation to update such material. The information and materials in the Website are provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, express or implied warranties, conditions and other terms which, but for these Terms, might have effect in relation to the Website.
We shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for any of the following (whether incurred directly or indirectly):
- loss of profits;
- loss of business;
- loss of revenue;
- loss of opportunity;
- loss of data;
- injury or death
- loss of goodwill or reputation; or
- any special, indirect or consequential losses, whether or not such losses were within the contemplation of the parties at the date of these Terms.
THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS IN THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT WEBSITELY TO YOU.
Nothing in these Terms shall exclude or limit our liability for:
- death or personal injury caused by the User’s negligence;
- fraud or fraudulent misrepresentation; or
- any liability which cannot be excluded or limited under applicable law.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer or limitation of liability may not apply to the extent such jurisdiction’s law is applicable to these Terms.
By using the Website, you automatically accept and agree to indemnify and hold us, and each of our directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that a Posting made by you has caused damage to a third party; or (v) any Posting you post or share on or through the Website.
10 INTELLECTUAL PROPERTY RIGHTS
By using the Website you are hereby acknowledging all rights, titles and interests in and to the Website, including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement, belong or are licensed to us and that you will not acquire any right, title or interests in or to the Website or any Conent except as expressly set forth in this Agreement.
YOUR USE OF WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS IN OR MADE AVAILABLE THROUGH THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE WILL BE VIRUS-FREE; OR THAT INFORMATION IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR IN OR MADE AVAILABLE THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN OR MADE AVAILABLE THROUGH THE WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS AND ADVERTISERS SHALL NOT BE LIABLE FOR ANY PUNITIVE, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OR INABILITY TO USE THE MATERIALS IN OR MADE AVAILABLE THROUGH THE WEBSITE; (B) UNAUTHORISED AND OR ILLEGAL ACCESS TO DATA; AND (C) ILLEGAL REPRODUCTION OF COPYRIGHTED MATERIALS.
12 BREACH OF TERMS AND TERMINATION
If you breach any of your obligations under these Terms, we reserve the right to immediately suspend or terminate your Account.
In such circumstances, you will lose any Coins that you may have and we will not compensate you for this loss or make any refund to you.
13 CONTACTING US
Should you have reason to contact us, please send us an email to [email protected]
14 JURISDICTION AND WEBSITELICABLE LAW
These Terms are governed by the laws of England and Wales. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.