Date Last Modified – October 20, 2015
AGREEMENT AND SERVICES
The Sportsnaut website, referred to herein as Sportsnaut (“Sportsnaut”), is composed of the Sportsnaut Website (www.sportsnaut.com), Sportsnaut Podcasts and Sportsnaut Created Content, product, or service owned or operated by Sportsnaut. By utilizing any of these properties, you agree to be bound by the terms and conditions detailed herein. The company offers services including, but not limited to, sports news coverage, sports articles, sport blogs, sport podcasts, contests, message boards, email and newsletters, other assorted affiliate and social networking services, and general content browsing.
This Site and the Services are intended for use by users who reside in the United States of America, its territories and possessions (“U.S.”). By using or attempting to use SPORTSNAUT or SPORTSNAUT Services, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of SPORTSNAUT.
If you violate our Terms of Service, SPORTSNAUT may issue you a warning regarding the violation, or, in SPORTSNAUT sole discretion, immediately terminate any and all access that you have established with the company. You acknowledge that SPORTSNAUT is not required to provide you notice before terminating your account. See the ONLINE CONTENT and ONLINE CONDUCT sections of this document for further detailed information.
THESE TERMS IN CONJUNCTION WITH OTHER OFFERS
The Terms of Service and any posted rules or instructions regarding a particular service, activity, affiliation service, or contest constitutes the entire agreement between you and SPORTSNAUT regarding your rights and obligations in the use of any SPORTSNAUT content. If there is a conflict between the Terms of Service and any other rules or instructions posted on or in a SPORTSNAUT property, the company will resolve the conflict within its sole discretion.
An account (“Account” or “Accounts”) as used herein is defined as the account that results from registering for any service with SPORTSNAUT. When you complete a registration process, you create an Account and you become a Member (“Member”). Your Account allows you to participate in specific services on SPORTSNAUT. To create an account, you must enter an email, username and password. Your email and/or username is your SPORTSNAUT identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Accounts.
SPORTSNAUT reserves the right to limit the number of accounts a user can establish. This limit may change over time at the company’s discretion. You are solely responsible for all activity on your account and for the security of your computer system. You should not reveal your password to other users. SPORTSNAUT will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered email address. You agree to indemnify and hold SPORTSNAUT harmless for any improper or illegal use of your account by you. This includes illegal or improper use by someone to whom you have given permission to use your account or whom you have negligently allowed to access your account. Your account is at risk if you let someone use it inappropriately and your account in any of our services is subject to termination if you or anyone using your account violates our Terms of Service. If your account is terminated, you may not join SPORTSNAUT again without our express permission.
“Content” is defined herein as the communications, images, audio, and all the material and information you encounter through SPORTSNAUT. SPORTSNAUT, our affiliates, and our independent content providers provide most of the Content on SPORTSNAUT. SPORTSNAUT does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on SPORTSNAUT.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for SPORTSNAUT. Content standards may vary depending on where you are on SPORTSNAUT, the type of content you are viewing and the expectations of the community. By agreeing to these Terms of Service you acknowledge that some content or services may involve use of stronger language and opinions than others. Always use your best judgment in online conduct. If it is inappropriate in the workplace, don’t post it on our message boards or chat rooms. SPORTSNAUT representatives may monitor your communications on SPORTSNAUT. But we cannot monitor all of the Content on SPORTSNAUT, and we do not attempt to do so. If you encounter something you don’t want to see, you can report it via our contact page. SPORTSNAUT does not endorse, approve, or pre-screen any Content that you or other users communicate. SPORTSNAUT does not assume any responsibility or liability for Content that is generated by users or other guests on SPORTSNAUT. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. SPORTSNAUT does not assume any liability for any failure to remove, or any delay in removing Content.
Online conduct should be guided by common sense. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on SPORTSNAUT. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We will terminate your use of SPORTSNAUT and cooperate with law enforcement for illegal behavior.
You agree that you will be personally responsible for your SPORTSNAUT communication and activity, including any Content you contribute, and that you will indemnify and hold harmless SPORTSNAUT, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on SPORTSNAUT.
You will violate the Terms of Service if you (or others using your account) do any of the following:
– Post, transmit, promote, or distribute Content that is illegal.
– Harass, threaten, or do anything else to another Member or guest that is unwanted. This means: do not send them unwanted messages, do not attack their race, gender, sexual orientation, religion, heritage, disability, etc. If you disagree with someone, respond to the subject, not the person.
– Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
– Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
– Impersonate another person (including celebrities), indicate that you are a SPORTSNAUT employee or a representative of SPORTSNAUT, or attempt to mislead users by indicating that you represent SPORTSNAUT or any of SPORTSNAUT partners or affiliates.
– Attempt to get a password, other account information, or other private information from a user or any other user on SPORTSNAUT. Remember: SPORTSNAUT employees will NEVER ask for your password. Do not give your password, reminder words, or billing information out to anyone.
– Upload any Content that you do not own or have the legal right to freely distribute.
– Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
– Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
– Improperly use support or complaint buttons or make false reports to SPORTSNAUT staff members.
– You may not modify any part of the Service that SPORTSNAUT does not specifically authorize you to modify.
– You must obey all applicable laws, regulations and rules wherever using any part of the SPORTSNAUT service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior. We will cooperate with law enforcement in such matters.
– You may not post or communicate any player’s real-world personal information within the Services.
– You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running any SPORTSNAUT Services.
– You will not exploit any bug in any SPORTSNAUT product to gain unfair access and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
– You will not do anything that interferes with the enjoyment other users gain from SPORTSNAUT services or products, in accordance with its rules, or that materially increases the expense or difficulty of SPORTSNAUT in maintaining the Service for the enjoyment of all its users.
If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them.
THESE RULES WILL APPLY TO ANYONE THAT YOU INTENTIONALLY OR NEGLIGENTLY ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES. IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, SPORTSNAUT MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT YOUR CONTENT AND SERVICES. THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEBSITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT SPORTSNAUT MAY HAVE MADE.
PUBLIC NATURE OF COMMUNICATIONS
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication via this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. SPORTSNAUT is not liable for information that you choose to communicate to other users on the Service, or for the actions of other users.
By communicating within the Service, i.e. by submitting a post, you represent and warrant that you have all necessary rights in and to all posts you provide and all information they contain and that such posts shall not infringe any proprietary or other rights of third parties or contain any libelous, or otherwise unlawful information. If your post incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant SPORTSNAUT permission to use such name, voice, likeness and/or image of such individual appearing in the post in all media throughout the world in perpetuity.
Once you post or send any Content to SPORTSNAUT, you expressly grant SPORTSNAUT the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in SPORTSNAUT discretion, and without any notice or compensation to you of any kind.
By submitting a post, you agree to defend, indemnify and hold SPORTSNAUT, its parent, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
COMMERCIAL ACTIVITY AND UNSOLICITED E-MAIL
You may not advertise any goods or services on SPORTSNAUT. Chain letters and pyramid schemes are expressly prohibited. You may not use any area of SPORTSNAUT to collect information, including login names, about SPORTSNAUT users, and use of such information to send unsolicited email or for any other purpose is strictly prohibited. You may not exploit SPORTSNAUT, or any services offered on SPORTSNAUT for any commercial purpose. Any violation of these provisions can subject your SPORTSNAUT account(s) to immediate termination (or result in revocation of guest status, if you are a guest) and to further legal action.
USE OF MACHINES, COMPUTERS, SCRIPTS
The use of machines, computers, scripts or any automated system on SPORTSNAUT is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. You may only use SPORTSNAUT services with one type, version or copy of browsing software application at any one time. SPORTSNAUT may terminate and permanently disqualify any users who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by SPORTSNAUT are final.
PROPRIETARY RIGHTS; COPYRIGHTS AND TRADEMARKS
Much of the Content available on SPORTSNAUT is owned by SPORTSNAUT or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You will not copy or download any Content from SPORTSNAUT unless we have expressly authorized you to do so in writing.
You must have the legal right to upload any Content to SPORTSNAUT before you do so, this must be in writing. You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on SPORTSNAUT, unless SPORTSNAUT expressly authorizes you to do so in writing. You may not incorporate the Content into, or stream or re-transmit the Content via, any hardware or software application or make it available via frames or in-line links, or scrape or aggregate Content from SPORTSNAUT. You may not build a business, in whole or in part, utilizing any portion of the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way on the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise. This prohibition applies even if you intend to give away the derivative materials free of charge. Making unauthorized copies of any Content found on SPORTSNAUT can lead to the termination of your SPORTSNAUT account(s) (or revocation of guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions in participating on SPORTSNAUT, you agree to indemnify and hold harmless SPORTSNAUT and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
EXPORT CONTROL LAWS
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or SPORTSNAUT services subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to SPORTSNAUT any data that cannot be exported without prior written government authorization. The assurances and commitments in this Section shall survive termination of this Agreement.
USER’S COMPUTER INFORMATION
LINKS TO THIRD PARTY SITES
SPORTSNAUT may include hyperlinks to Websites operated by parties other than SPORTSNAUT including advertisers and other content providers. Those sites may collect data or solicit personal information from you. SPORTSNAUT does not control such Websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
ADDITIONAL TERMS AND CONDITIONS FOR SPECIFIC SERVICES
When you subscribe to certain services you may need to read and agree to a service or membership agreement that is specific to that service, and which may have terms that are slightly different from the ones that are found here. Your subscription to that service, and use of that service, is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the service specific terms and these terms, SPORTSNAUT will be the final and sole arbiter of any such inconsistencies.
SPORTSNAUT may require that you download services from SPORTSNAUT or its licensors onto your computer (“SPORTSNAUT Services”). SPORTSNAUT grants to you a non-exclusive, non-transferable, revocable, limited license to use SPORTSNAUT Services. You may not sub-license, or charge others to use or access SPORTSNAUT Services. You may not use SPORTSNAUT Services for any purpose other than that contained within the license granted to you. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from SPORTSNAUT Services. You may not modify SPORTSNAUT Services or use it in any way not expressly authorized in writing by SPORTSNAUT. You understand that SPORTSNAUT introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by SPORTSNAUT may vary depending on your computer and other equipment.
NEITHER SPORTSNAUT NOR ITS LICENSORS ARE LIABLE IN CONNECTION WITH YOUR USE OF THE SPORTSNAUT SERVICES FOR ANY DAMAGES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
Some SPORTSNAUT Services may be subject to United States export controls. By using (and actively downloading) SPORTSNAUT Services from SPORTSNAUT, you warrant that you are not located in any country, or exporting SPORTSNAUT Services to any person or place, to which the United States has embargoed goods.
TERMINATION OF ANY SPORTSNAUT ACCOUNT
SPORTSNAUT and you both have the right to terminate or cancel any account at any time for any reason. You understand and agree that the cancellation of your account or a particular Account is your sole right and remedy with respect to any dispute with SPORTSNAUT. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms of Service or SPORTSNAUT enforcement or application of this Agreement; (2) the Content available through SPORTSNAUT or any change in Content provided through SPORTSNAUT; (3) your ability to access and/or use SPORTSNAUT; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
SPORTSNAUT reserves the right to collect fees, surcharges or costs incurred before you cancel your account or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your account or a particular subscription is terminated or cancelled, no refund will be granted; no online time or other credits (e.g services) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything within SPORTSNAUT associated with it (such as uploaded content and posts). Active SPORTSNAUT account holders may not allow former account holders whose account has been terminated by SPORTSNAUT to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with SPORTSNAUT must be settled before SPORTSNAUT may allow you to register again.
NEWSLETTERS & CONTESTS
By subscribing to our newsletter(s), members understand they may be automatically entered into future contests as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests. SPORTSNAUT provides rules of participation for certain activities on this site including, without limitation, contests by SPORTSNAUT and in conjunction with third parties. This Agreement is incorporated by reference to the specific rules of participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific rules of participation, the rules of participation for the activity in which you choose to participate or are automatically entered into shall govern.
LIMITATIONS ON WARRANTY AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF SPORTSNAUT, SPORTSNAUT SERVICES, AND THE INTERNET IS AT YOUR SOLE RISK. SPORTSNAUT, SPORTSNAUT SERVICES AND SPORTSNAUT CONTENT, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPORTSNAUT PROVIDES ITS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT SPORTSNAUT WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SPORTSNAUT OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT). YOU ACKNOWLEDGE AND AGREE THAT SPORTSNAUT, ITS SUBSIDIARIES, LICENSORS, SUPPLIERS, AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF SPORTSNAUT. IN NO CASE SHALL SPORTSNAUT OR ITS SUBSIDIARIES’, LICENSORS’, SUPPLIERS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “SPORTSNAUT AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SPORTSNAUT, IF ANY, FOR THE SERVICE. IN NO CASE, INCLUDING NEGLIGENCE, SHALL SPORTSNAUT OR SPORTSNAUT AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SPORTSNAUT, SPORTSNAUT SERVICES, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH SPORTSNAUT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SPORTSNAUT AND SPORTSNAUT AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. SPORTSNAUT DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH SPORTSNAUT AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL SPORTSNAUL, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
Upon request by SPORTSNAUT, you agree to defend, indemnify and hold harmless SPORTSNAUT and its affiliates, subsidiaries, employees, contractors, suppliers, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on SPORTSNAUT. SPORTSNAUT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to SPORTSNAUT in that matter. This Section shall survive termination of this Agreement.
OTHER LEGAL TERMS
The laws of the State of Minnesota, excluding its conflicts-of-law rules, govern this Agreement and your use of your Accounts, the Services and memberships. You expressly agree that exclusive jurisdiction for any claim or dispute with SPORTSNAUT or relating in any way to your Accounts, the Services and memberships or your use of SPORTSNAUT resides in the courts of Minnesota, county of Washington and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Minnesota in connection with any such dispute including any claim involving SPORTSNAUT or its affiliates, subsidiaries, employees, contractors, suppliers, officers, directors, vendors and content providers.
If, for any reason, you are concerned with the information included in this Terms of Service, you may contact us via the contact us page.