Terms and Conditions
AGREEMENT BETWEEN YOU AND mySportSite Inc.
To use the mySportSite.com service, you must agree to the terms and conditions and privacy statement. The mySportSite.com privacy statement is available at http://www.mysportsite.com/privacy
AGREEMENT BETWEEN USER AND mySportSite Inc.
mySportSite sales are final upon full account activation. Site credit may be transfered to another account for an additional fee, however full refunds are not available.
Domain names not previously owned by the client will be purchased by mySportSite Inc. on behalf of the client after the purchase of a mySportSite website. By default, mySportSite Inc. maintains ownership of these domain names unless the client submits a written request for ownership to be transferred to them. This may require additional fees by the domain registrar used by the client.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular mySportSite Website requires you to open an account, you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify mySportSite Inc. immediately of any unauthorized use of your account or any other breach of security. mySportSite Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by mySportSite Inc. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
PERSONAL INFORMATION AND SECURITY ON MYSPORTSITE WEBSITES
Personal information such as names, phone numbers, email address, and other information may be posted on mySportSite Websites/Services. Users have the option to secure this information and only provide access to trusted individuals. The ability to post and/or secure this information is at the sole discretion of mySportSite Websites/Services users and mySportSite Inc. cannot be held responsible for any damages that arise as a result of this information being available online in secured or unsecured form. mySportSite Inc. will provide reasonable means to prevent unauthorized access to secured information however it cannot be guaranteed that these measures will always be effective. We recommend to users that discretion is used when posting personal information and to ensure proper permissions have been obtained from appropriate parties before posting their information on mySportSite Websites/Services.
mySportSite Inc. reserves the right to change the terms, conditions, and notices under which the mySportSite Websites/Services are offered, including but not limited to the charges associated with the use of the mySportSite Websites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the mySportSite Websites/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the mySportSite Websites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the mySportSite Websites/Services.
PRIVACY AND PERSONAL INFORMATION
You are required to have a mySportSite account to use the mySportSite Services. To set up an account, you must provide information about yourself and update this information as necessary in order to keep it current. mySportSite Inc. agrees that it will only use your personal information in accordance with the terms of the mySportSite Privacy Statement at http://www1.mysportsite.com/privacy. You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify mySportSite Inc. immediately of any unauthorized use of your account. mySportSite Inc. is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
LINKS TO THIRD PARTY SITES
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the mySportSite Websites/Services, you will not use the mySportSite Websites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the mySportSite Websites/Services in any manner which could damage, disable, overburden, or impair any mySportSite Websites/Service(s) (or the network(s) connected to any mySportSite Website/Service(s)) or interfere with any other party's use and enjoyment of any mySportSite Website/Service(s). You may not attempt to gain unauthorized access to any mySportSite Websites/Service, other accounts, computer systems or networks connected to any mySportSite Website/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the mySportSite Websites/Services.
RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT
mySportSite Inc. wants your voluntary feedback and suggestions on the mySportSite Services so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that mySportSite Inc. needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to mySportSite Inc. concerning the mySportSite Services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting mySportSite Inc. and its affiliated companies permission to:
- Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and
- Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.
These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction. No compensation will be paid with respect to mySportSite Inc.' use of the materials contained within such feedback or suggestions. mySportSite Inc. is under no obligation to post or use any materials you may provide and may remove such materials at any time at mySportSite Inc.' sole discretion.
This section is not applicable to any personally identifiable information that you provide in connection with your registration for the mySportSite Services. For terms and conditions governing the use of such information and for more information on how the mySportSite Services work, please refer to the mySportSite Privacy Statement at http://www.mysportsite.com/privacy.
This section also is not applicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any mySportSite Websites and services unless the target of such transmission is mySportSite Inc.
USE OF SERVICES
The mySportSite Websites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file galleries and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an mySportSite Websites/Service(s) or other user or usage information or any portion thereof.
mySportSite Inc. has no obligation to monitor the Communication Services. However, mySportSite Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. mySportSite Inc. reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
mySportSite Inc. reserves the right at all times to disclose any information as mySportSite Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in mySportSite Inc.' sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. mySportSite Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, mySportSite Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized mySportSite Inc. spokespersons, and their views do not necessarily reflect those of mySportSite Inc. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO mySportSite Inc. OR POSTED AT ANY MYSPORTSITE WEBSITE
mySportSite Inc. does not claim ownership of the materials you provide to mySportSite Inc. (including feedback and suggestions) or post, upload, input or submit to any mySportSite Websites/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting mySportSite Inc., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. mySportSite Inc. is under no obligation to post or use any Submission you may provide and mySportSite Inc. may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE MYSPORTSITE WEBSITES/SERVICES
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MYSPORTSITE WEBSITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MYSPORTSITE WEBSITES/SERVICES AND TO THE INFORMATION THEREIN. mySportSite Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MYSPORTSITE WEBSITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE MYSPORTSITE WEBSITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
mySportSite Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MYSPORTSITE WEBSITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. mySportSite Inc. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT mySportSite Inc. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A MYSPORTSITE WEBSITE/SERVICE. YOU SPECIFICALLY AGREE THAT mySportSite Inc. IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT mySportSite Inc. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A MYSPORTSITE WEBSITE/SERVICE BY ANY THIRD PARTY.
GENERAL TERMS REGARDING USE AND STORAGE
You agree that mySportSite Inc. may establish limits concerning use of any service offered on a mySportSite Website, including without limitation, the maximum number of seasons that will be retained by the service, the maximum number of team members that will be retained by the service, the maximum number of events that will be retained by the service, the maximum disk space that will be allotted on mySportSite Inc.' servers on your behalf, the maximum number of e-mail messages that may be sent from or received by an account on the service, and the maximum number of times and duration you may access the service in a given period of time.
You agree that mySportSite Inc. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that mySportSite Inc. reserves the right to delete accounts that are inactive for an extended period of time.
mySportSite Inc. MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
mySportSite Inc. provides information about how to use the mySportSite Services on the Web pages that are part of the Services. If you have any questions about the mySportSite Services or any problems that you would like to report, please contact us at firstname.lastname@example.org
TERMINATION/ACCESS AND RESTRICTION OF ACCESS
mySportSite Inc. reserves the right, in its sole discretion, to terminate your access to any or all mySportSite Websites/Services and the related services or any portion thereof at any time, without notice. mySportSite Inc. may also terminate or suspend your access to mySportSite Websites/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by mySportSite Inc. Upon termination of the mySportSite Website/Service, your right to use the mySportSite Website/Service immediately ceases. mySportSite Inc. shall have no obligation to maintain any content or to forward any content to you or any third party.
SPAM/E-MAIL SOLICITATION; DAMAGES
mySportSite Inc. will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay mySportSite Inc. liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay mySportSite Inc.' actual damages, to the extent such actual damages can be reasonably calculated.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
This agreement is governed by the laws of the Province of Ontario, Canada. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Ontario, Canada in all disputes arising out of or relating to the use of the mySportSite Websites/Services. Use of the mySportSite Websites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and mySportSite Inc. as a result of this agreement or use of the mySportSite Websites/Services. You agree to indemnify and hold mySportSite Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the mySportSite Sites/Services. mySportSite Inc. reserves the right to disclose any personal information about you or your use of the mySportSite Websites/Services, including its contents, without your prior permission if mySportSite Inc. has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of mySportSite Inc. or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. mySportSite Inc.' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of mySportSite Inc.' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the mySportSite Websites/Services or information provided to or gathered by mySportSite Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and mySportSite Inc. with respect to the mySportSite Websites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and mySportSite Inc. with respect to the mySportSite Websites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.