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Privacy & Terms
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Privacy Policy
Last Modified: August 21, 2018
1. Introduction
1.1 About Us
Sport:80 USA, Inc. (“Company” or “we” or “us”) is a company that provides a cloud-based platform for sports organizations to deliver online services to members (the “Platform”). We respect your privacy and are committed to safeguarding and preserving it through our compliance with this policy and all documents referred to in it (collectively, this “Privacy Policy”).
This Privacy Policy (together with our Terms of Use and any other documents referred to in it) explains what happens to any Personal Data that you provide to us, or that we collect from you, whilst you visit or use our website, https://www.sport80usa.com or https://www.sport80.com (the “Website”).
Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it. By visiting the Website, you are accepting and consenting to the practices described in this Privacy Policy.
1.2 Certain Terms
“Client” means an organization or entity that has registered to use our Platform via a Sub Domain.
“Client Member” is a person affiliated with a Client, including individuals who belong to the Client’s sports organization.
“EEA” means European Economic Area.
“Personal Data” means information by which you may be personally identified, which includes but is not limited to your name, mailing address, email address, telephone number, username, password, social security number, date of birth, gender, profile photo and any other information you collect on any person that interacts with the Website.
“Sub Domain” means a portal housed within the Website, through which the relevant Client manages its organization, including collection and processing of its Client Members’ data, communications with Members, and other interactions with its Members including the processing of sales transactions.
“Visitor” means each person who visits our Website.
1.3 Children
Our Website is not intended for children under 16 years of age. No one under age 16 may provide any Personal Data to or on the Website. We do not knowingly collect Personal Data from children under 16. If you are under 16, do not use or provide any information on the Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will suspend the account before moving to delate that information if consent cannot be verified. If you believe we might have any information from or about a child under 16, without parental consent, please contact us at [email protected].
2. Data on Visitors
2.1 What we Collect/Process
2.1.1 Data You Provide Us
We may ask you to provide Personal Data voluntarily when you access certain parts of our Website, including when you complete a survey, apply for a position with the Company, enter a contest or promotion sponsored by us or any one of our partners, or when you report a problem with our Website. If you choose to communicate with us, we may also collect additional data you provide, including copies of your communications and the method of communication you used (email address, phone number, etc.).
2.1.2 Data From Third Parties
We may collect information about you from certain parties with whom we have a relationship, including social media websites, data providers, marketing partners, and other third-party service providers.
2.1.3 Automatically Collected Data
As you navigate through and interact with our Website, we may use automatic data collection technologies (see section 5 Cookies below for more details) to collect certain information about your equipment, browsing actions, and patterns, including:
· Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
· Information about your computer and internet connection, including your IP address, operating system, browser ID and type, browsing activity (such as the website from which you arrived at our Website or navigated to after our Website, for example).
2.2 Purpose for Collection/Processing
We use information that we collect about you or that you provide to us, including any Personal Data described above:
· To ensure that the content from our Website is presented in the most effective manner for you and for your computer.
· To administer, maintain, and improve our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
· As part of our efforts to keep our Website safe and secure.
· To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
· To make suggestions and recommendations to you and other users of our Website about goods or services that may interest you. Such additional information will only be provided where you have consented to receive such information.
· To speed up your searches.
· To recognize you when you return to our Website.
· To ensure compliance with our Terms of Use.
· To defend or prosecute a legal proceeding such as a lawsuit or arbitration.
· To fulfil any other purpose for which you provide it.
· In any other way we may describe when you provide the information.
· For any other purpose with your consent.
3. DATA ON CLIENTS
3.1 What we Collect/Process
3.1.1 Data You Provide Us
To enjoy full use of our Platform, an organization must register to become a Client by creating an account and Sub Domain. Client Organizations are required to provide certain information at the time of registration, including organization name, contact name, mailing address, email address, phone number, fax number, username, password, and payment method details. In addition, Clients provide information about their respective Members, including Personal Data, to us automatically through use of their Sub Domain. The extent of such Client Member information provided to us depends on the Client’s own policies.
3.1.2 Data from Third Parties
In addition to the third-party data we collect from all Website Visitors listed above in Section 2.1.2, we may collect information from certain third-party partners related to our Clients, depending on the Client’s usage of our Platform, including data from:
· Campaign managers
· Event managers or sponsors
· Background screening provider(s)
· The Center for SafeSport
3.1.3 Automatically Collected Data
We collect the same type of information by automated technologies from Clients that we do from Visitors, as described above in Section 2.1.3.
3.2 Purpose for Collection/Processing
We collect and process your Personal Data on one or more legal bases related to the particular information at issue and the context in which we collect it. Generally speaking, our basis for obtaining and using your Personal Data is our legitimate interest in providing, maintaining, and improving our Website and Platform, fulfilling contractual obligations with you, based on your consent, or any combination of these bases. If required by law, we will only process your Personal Data after receiving your consent to do so. Please see Your Data Rights below for more details on withdrawing consent.
In addition to the uses of information pertaining to Visitors of our Website described in Section 2.2, we also use Personal Data collected from Clients:
· To provide you with information, products, or services that you request from us.
· To facilitate communication between Members on a Client’s Sub Domain.
· To provide you with notices about your account or Sub Domain.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
4. DATA ON CLIENT MEMBERS
4.1 What We Process
4.1.1 Data From our Clients
Client Members provide information, including Personal Data, through the applicable Client Sub Domain at the time of registration with the Sub Domain. Such information, depending on the Client’s own policies, may include name, mailing address, email address, telephone number, username, password, date of birth, gender, profile photo, payment method information, and Platform transaction history. In order to serve our Clients and their Members, we collect and process this Client Member Personal Data that is shared through Client Sub Domains.
4.1.2 Automatically Collected Data
When a Member interacts with a Client’s Sub Domain we may collect information about the Member’s equipment, including through third-party sources such as analytics service providers. We use cookies and other tracking technologies to collect some of this information as described in Section 2.1.3 for information collected with respect to all Visitors and in accordance with Section 5 related to our use of cookies.
For Members of our Client organizations who access any of our Website’s Client Sub Domains, our Client’s terms of use and privacy policy available on such Sub Domain shall apply to your use of the relevant Sub Domain, and shall take precedence over this Privacy Policy (and the any documents referred to referenced in it). In respect of our Client Sub Domains, the relevant Client is the data controller and we are the data processor. We process Client Members’ data with their consent and in furtherance of our legitimate business interests where such interests are not overridden by your data protection interests or fundamental rights and freedoms.
4.1.3 Purpose for Collection/Processing
Our legitimate business interests in collecting or processing your Personal Data include:
· To allow you to access the relevant Client Sub Domain(s).
· To administer and maintain the Sub Domain on behalf of our Clients
· For any additional purpose for which you provide informed consent
5. Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website. By continuing to browse our website, you are agreeing to our use of cookies.
Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer in order to assist us in improving our website.
We may gather information about your general internet use by using cookies. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever.
You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the “reject cookies” setting on your computer. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
We use the following cookies:
· Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
· Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
· Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
· Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. Except for essential cookies, all cookies will expire after 12 hours.
6. Disclosure of Your Data
6.1 Non-Personal Data
We may disclose aggregated or anonymized information about you and information that does not identify any individual without restriction.
6.2 Personal Data
We may share your Personal Data with any member of our group, which means our subsidiaries, our parent company (Sport:80 plc), and its subsidiaries. We will not disclose your Personal Data to any other party other than in accordance with this Privacy Policy and in the circumstances detailed below:
· In the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets.
· If we (or substantially all of our assets) are acquired by a third party, in which case Personal Data held by us about our Clients or their Members will be one of the transferred assets.
· If our parent company (or substantially all of its assets), is acquired by a third party, in which case Personal Data held by us about you will be one of the transferred assets.
· Where we are legally required by law to disclose your Personal Data, or in order to enforce or apply our Terms of Use.
· To further fraud protection and reduce the risk of fraud.
· To our business partners, events organisers, sporting federations, service providers, suppliers and sub-contractors for the performance of any contract we enter into with them or you. We will ensure that any written contract we enter into with them will provide that they, as a data processor, (i) will process Personal Data disclosed by us to them in accordance with instructions from us and (ii) are to comply with obligations equivalent to those imposed on us and as set out in this Privacy Policy.
7. Data Security and Transfer
7.1 Security
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any Personal Data and payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and in the event that you suspect that your password has been compromised, that you move to reset your password as a matter of urgency. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website and caution should be exercised when using shared computers as data may be stored and become accessible to others.
7.2 Retention
We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
7.3 Transfers
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
In operating our Website, it may become necessary to transfer data that we collect from you to locations outside of the United States, including to the EEA for processing. By providing your Personal Data to us, you agree to this transfer, storing or processing. We do our upmost to ensure that all reasonable steps are taken to make sure that your data is treated securely and in accordance with this Privacy Policy.
7.4 Privacy Shield
We recognize that the EEA has established strict protections regarding the handling of EEA Personal Data, including requirements to provide adequate protection for EEA Personal Data transferred outside of the EEA. To provide adequate protection for certain EEA Personal Data about our Clients and their Members received in the US, we have elected to self-certify to the EU-US Privacy Shield Framework administered by the US Department of Commerce ("Privacy Shield"). We adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability.
For purposes of enforcing compliance with the Privacy Shield, we are subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at: https://www.privacyshield.gov. To review our representation on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.
This Privacy Policy describes the categories of EEA Personal Data that we may receive in the US as well as the purposes for which we use that EEA Personal Data. We will only process EEA Personal Data in ways that are compatible with the purpose that we collected it for, or for purposes you later authorize. Before we use your EEA Personal Data for a purpose that is materially different than the purpose we collected it for or that you later authorized, we will provide you with the opportunity to opt out. We maintain reasonable procedures to help ensure that EEA Personal Data is reliable for its intended use, accurate, complete, and current.
8. Links to Third Party Websites
On occasion we include links to third parties on this website. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Where we provide a link, it does not mean that we endorse or approve that website’s policy towards visitor privacy. You should review their privacy policy before sending them any Personal Data.
9. Your Data Rights
You have the right to:
· Request access to, correct or delete any Personal Data that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. You may send us an email at [email protected] to make such a request.
· As a Client, review and change your Organization or Personal Data by logging into the Website and visiting your account profile page.
· Remove and/or reject cookies from our Website with your browser settings. If you remove or reject our cookies, it could affect how the Website performs for you.
· If you are a resident of the EEA, you can object to processing of your Personal Data, request us to restrict processing of your Personal Data, or request to have your Personal Data in a portable format. You may send us an email at [email protected] to make such a request.
· To the extent we have collected and/or processed your Personal Data with your consent, you may withdraw your consent at any time.
· To make a complaint at any time to the data privacy authority in your jurisdiction. We would, however, appreciate the chance to deal with your concerns before you approach such authority so please contact us in the first instance.
10. Changes to Our Privacy Policy
It is our practice to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our Visitors, Clients’, or Members’ Personal Data, we will notify you through a notice on the Website home page or by email to the email address on file for Clients. The date the Privacy Policy was last revised is identified at the top of the page. Clients are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.
11. Contact Data
We have appointed Gary Hargraves as our data protection officer who is responsible for overseeing questions in relation to this Privacy Policy. Please do not hesitate to contact us regarding any matter relating to this Privacy Policy at [email protected] or by writing to us at Sport80 USA, Inc., Unit 3, Neepsend Triangle Business Centre, 1 Burton Road, Sheffield, England, S3 8BW.
Terms of Use
Last Modified: October 23, 2024
1. Introduction
1.1. Acceptance of Terms of Use
Sport:80 USA, Inc. (“Company”, “we”, “us”, or “our”) provides a cloud-based platform for sports organizations (“Clients”) to deliver online management services (“Services”) to their members, through our website https://www.sport80.com (“Website”) including Client Sub Domains (defined below) and our white label mobile applications (each, a “Mobile App”). Collectively, the Website (including Sub Domains) and Mobile Apps are referred to as our “Platform.”
These Terms of Use govern your access to and use of the Platform and the Services offered by us. By accessing or interacting with our Platform, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access the Platform.
1.2. Users
All references to “you”, or “User” means (1) each person who visits the Website and (2) each individual that interacts with the Platform via a particular Client’s Sub Domain (defined below) as a registered member or other authorized individual of that Client (a “Member”).
The Platform is offered and available to Users who are 13 years of age or older and reside in the United States or any of its territories or possession. By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
If you access or use the Platform on behalf of a Client or another legal entity, you represent and warrant that you have the authority to bind that Client or legal entity, your acceptance of the Terms of Use will be deemed an acceptance by that Client or entity, and “you” and “User” will refer to that Client or entity.
1.3. Client Sub Domains
“Sub Domain” means a branded portal housed within the Website, through which the relevant Client manages its organization, including collection and processing of Members’ data, communications with Members, and other interactions with its Members such as the processing of sales transactions. In addition to these Terms of Use, your access and use of a Client Sub Domain is subject to the applicable Client’s terms and policies. To the extent of any inconsistency between these Terms of Use and a Client’s policies governing its particular Sub Domain, the Client’s policies will control with respect to that Sub Domain. If you have questions about the policies or provisions contained on a Sub Domain, you should contact the relevant Client directly.
1.4. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.
Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1.5. Privacy
You agree that all information you provide to register with the Platform or otherwise, including but not limited to through User Contributions (defined below), is governed by our Privacy Policy (https://www.sport80.com/privacy-and-terms), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you are a Member registered through a Sub Domain, then the privacy policies of the Client posted on the Sub Domain will control the treatment of your information provided through the Sub Domain.
1.6. Accessing the Platform and Account Security
You may be asked to provide personal information when using certain features of the Platform, such as our contact form to submit requests or feedback or report an issue. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to withdraw or amend the Platform, and any Service or Sport:80 Content (defined below) we provide on the Platform, in our sole discretion without notice, subject to agreements we have with Clients regarding Services provided through their Sub Domains. We will not be liable to Users if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to parts or all of the Platform.
You are responsible for making all arrangements necessary for you to have access to the Platform and ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
2. Intellectual Property Rights
2.1. Sport:80 Content
The Platform and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio and other materials, and the design, selection and arrangement thereof (collectively, “Sport:80 Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that you have no ownership or other property interest in your Platform account.
2.2. Permitted Uses of Platform
Subject to these Terms of Use, we grant each User of the Platform a worldwide, non-exclusive, non-sublicensable, and non-transferable right to use the Platform and its Sport:80 Content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Sport:80 Content, except as follows:
· Your computer may temporarily store copies of Sport:80 Content locally incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your web browser for display enhancement purposes.
· Members may download a single copy of the Mobile App solely for their own personal, non-commercial use.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
2.3. Sport:80 Content Restrictions
You must not:
· Modify copies of any Sport:80 Content.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark or other proprietary rights notices from the Platform or Sport:80 Content.
· Access or use for any commercial purposes any part of the Platform, Sport:80 Content or Services available through the Platform without appropriate consent.
If you wish to make any use of the Platform or its Sport:80 Content other than that set out in this section, please address your request to: [email protected].
If you print, copy, modify, download or otherwise use or provide any other person with access to any Sport:80 Content in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the Sport:80 Content you have made. No right, title or interest in or to the Platform or any Sport:80 Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sport:80 Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
2.4. Trademarks
Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
3. Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with Section 4.2 (User Contribution Standards) set out in these Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.
Additionally, you agree not to:
· Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
· Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
· Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Platform.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
· Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Platform.
4. User Contributions
The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, social media accounts, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.
All User Contributions must comply with the User Contribution Standards set out in Section Error! Reference source not found. of these Terms of Use. Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that: you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and all of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
4.1. Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the User Contribution Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
· Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
4.2. User Contribution Standards
All User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (https://www.sport80.com/privacy-and-terms).
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
5. Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
· Your physical or electronic signature.
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
· A statement that the information in the written notice is accurate.
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Chief Executive Officer
Sport:80 USA Inc.
Unit 3, Neepsend Triangle Business Centre, 1 Burton Road, Sheffield, S3 8BW, United Kingdom
+1 719 220 8002
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
6. Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform may include content provided by third parties, including materials provided by other Clients and their Members, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
7. Changes to the Platform
We may update the Sport:80 Content on the Platform from time to time, but its Sport:80 Content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
8. Linking to the Platform and Social Media Features
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Platform may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on the Platform.
· Send emails or other communications with certain content, or links to certain content, on the Platform.
· Cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
· Link to any part of the Website other than the homepage.
· Otherwise take any action with respect to the materials on the Platform that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
9. Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
10. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM, SERVICES OR CONTENT FROM THE PLATFORM OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR OWN RISK. THE PLATFORM, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM, SERVICES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, CONTENT OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM, CONTENT OR ANY SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (1) your violation of these Terms of Use or any applicable law or regulation or (2) any actual or alleged infringement or misappropriation of any third party intellectual property rights by your User Contributions.
13. Miscellaneous
13.1. Governing Law and Jurisdiction
All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13.2. Arbitration
At the Company's sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
13.3. Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
13.4. Entire Agreement
The Terms of Use, our Privacy Policy, and any other documents referenced in the same, constitute the sole and entire agreement between you and Sport:80 USA, Inc. with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.
13.5. Your Comments and Concerns
This website is operated by Sport:80 USA, Inc., Unit 3, Neepsend Triangle Business Centre, 1 Burton Road, Sheffield, England, S3 8BW. All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: [email protected].