- Eligability. You must be at least thirteen (13) years old to register as a member of Sportifik or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. As a user, you are granted a limited, non-transferable, revocable license to view the materials solely for your personal use, subject to the restrictions therein.
- Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the "Deactivate your user account" popup under "Account Settings". Sportifik may terminate your membership for any reason, at any time. If Sportifik terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees should such fees be charged. Even after membership is terminated, this Agreement will remain in effect.
- Proper Commercial Use by Members. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- Proprietary Rights in Content on Sportifik. This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Sportifik and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Sportifik and/or other parties is granted to or conferred upon you. No materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the materials; or use the materials or this Site except as permitted in this Agreement. The use of any materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Sportifik trademarks, logos, or other proprietary information (including images and text).
Content Posted on the Site.
- You understand and agree that Sportifik may review and delete any personal information or profiles (collectively, "Content") that in the sole judgment of Sportifik violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- By posting Content to any public area of Sportifik, you automatically grant, and you represent and warrant that you have the right to grant, to Sportifik an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Sportifik reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous or pornographic;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- collects users’ content or information or accessing Sportifik using automated means without our prior consent;
- uploads viruses or other malicious content;
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not transmit any chain letters or junk email to other Members. Although Sportifik cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Sportifik reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Sportifik deems appropriate in its sole discretion.
- Member Disputes. You are solely responsible for your interactions with other Sportifik Members. Sportifik reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Admin access. If you are granted administrator rights, defined as an access to the administrator side of the website, for any organization you will be privy to a new and innovative means of organizing recreational sports leagues. You agree not to share or show the administrator side of the platform to anyone other than other individuals that have administrator access.
- Mobile and other devices. Sportifik provides a free mobile application but normal carrier rates for fees such as text messages or data apply to use of the application. You provide Sportifik with all rights necessary to synchronize their devices with any and all information that is visible to you on Sportifik.
- Payments. Payments made on Sportifik are governed by Sportifik’s Payment Terms which you agree to by executing any transaction on our platform.
- Disclaimers. Sportifik is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Sportifik is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Sportifik assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Sportifik is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Sportifik be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Sportifik expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Sportifik cannot guarantee and does not promise any specific results from use of the Website and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Sportifik or through or from the service shall create any warranty not expressly stated herein.
- Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Sportifik be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if Sportifik has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Sportifik's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Sportifik for the Service during the term of membership.
- Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of California.
- Indemnity. You agree to indemnify and hold Sportifik, its founders, subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
- No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Sportifik and any User of the Service.
- Risks of games/activities. You are fully aware of the risks and hazards connected with the participation in sport games/activities, including physical injuries, and hereby elect to voluntarily participate in such sport games/activities, knowing that the associated physical activity may be hazardous to you. You voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by you as a result of being engaged in such activities. You are aware that Sportifik is just a platform for organizing sport games and by accepting the terms and conditions you hereby RELEASE, WAIVE, DISCHARGE, AND COVENEANT NOT TO SUE Sportifik from any and all liability, claims, demands, action and causes of actions whatsoever arising of or related to any loss, damage or injury, including death, that may be sustained by you, while participating in such sport games/activities, or while on or upon the premises where the event is being conducted.
- Termination/Access Restriction. Sportifik reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and the Materials or any portion thereof at any time, without notice.
- Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Sportifik regarding the use of the Website and/or the Service. The failure of Sportifik to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
- Definitions. By "Sportifik" we mean Sportifik, Inc. including all features and services we make available, including through (a) our website at www.sportifik.com and any other Sportifik branded or co-branded websites (including sub-domains and mobile versions); (b) our Platform; and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
Please contact Sportifik with any questions regarding this agreement.