Last Updated: Sept 24, 2018
About the Services
SportNinja provides a platform that allows players, parents, staff and organizers of amateur sports leagues to connect with each other, including by uploading and viewing statistics from their games and matches.
- what information we may collect about you;
- what we use that information for;
- what third-party information, if any, you are agreeing to share by using the Services; and
- with whom we share that information.
In order to register an Account, you must be (a) at least 13 years of age.
In connection with your Account, you (and your staff, if any) are the sole authorized user of your Account. You are solely responsible for (a) your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account; and (b) any and all activities that occur under your Account, including all activities of any persons who gain access to your account, with or without your permission. SportNinja has no control over the use of your or any user’s account and expressly disclaims any liability derived therefrom.
You must not register for an Account on behalf of any individual other than yourself (except if you are the parent or legal guardian of such individual), or on behalf of any company, organization or other non-individual entity unless you are duly authorized to do so by such entity.
Should you suspect that any unauthorized party may be using or accessing your Account or you suspect any other breach of security with respect to your Account, you agree to immediately notify us of (a) any such unauthorized use of (i) your Account, (ii) any service provided through your Account, or (iii) any password related to your Account; or (b) any other such breach of security with respect to your Account or any service provided through it; and (c) you agree to cease all use of the Services and provide assistance to us, as requested, to stop or remedy any breach of security related to your Account. All such notifications must be sent to email@example.com.
You agree to provide true, current, accurate and complete customer information as requested by us or our agents from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
If you are under the greater of 18 years of age or the age of majority in your jurisdiction, you may use the Services only if you either are an emancipated minor (where that term is legally effective), or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
License to Use
- modify, copy, reproduce, distribute or transmit the Services or Content;
- publicly display, publish or perform the Services or Content (for any purpose, commercial or non-commercial);
- attempt to reverse engineer, decompile, translate, adapt, obscure or otherwise discern the source code of any software or database contained in or accessed through the Services (including any updates or upgrades thereto or any constituent parts thereof);
- develop or create derivative works based on the Services or its source code;
- transfer, assign, encumber, rent, lease, loan, sublicense, sell or otherwise exploit the Services or Content; or
- use the Services or Content for any commercial purposes;
- remove any copyright of other proprietary rights’ notice or restrictive rights legend contained or included in the Services;
- attempt to circumvent any functionality that controls access to or otherwise protects the Services;
- permit any third party to engage in any of the acts described herein; or
without our prior, written consent (except as permitted by law). All rights not expressly granted to you are reserved by us and, if applicable, our licensors. For greater clarity, you are permitted to provide links to the Services through email, social media, or other similar methods, provided that such methods do not involve framing or embedding of any portion of the Services within another website or service, imply any affiliation between you and us, or you and the Services, or portray us or the Services in a false, misleading, derogatory or otherwise defamatory manner. Any attempt to do any of the foregoing is a violation of the rights of SportNinja and its licensors. If you breach any of these restrictions, you may be subject to prosecution and damages.
Third Party Terms – The following terms and conditions apply to you if you are using a version of the App obtained from the Apple App Store or Google Play (together the “App Stores”), as the case may be:
- For the purposes of this Section, “Apple” includes any of its subsidiaries or affiliates, and “Google” includes and of its subsidiaries or affiliates.
- You must comply with applicable third party terms of agreement when using the App.
Your Content – The Services may contain, among others, bulletin board, chat, forum, blog, social media, comments or other communication services. We do not claim ownership of any Content that you post, upload, input, provide, submit or otherwise transfer to us, or any third party, using the Services (collectively, “Your Content”); however, you agree that by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting Your Content to us or any third party through the Services, whether or not through use of, or associated with, your Account:
- you will be deemed to have thereby confirmed, represented and warranted to us that
- you own and control all right, title and interest, as well as the power and authority necessary, to grant such license to Your Content to us as set out above;
- Your Content is current, accurate and complete;
- where applicable, before submitting Your Content, you have received the express consent, of the athlete whose information will be uploaded to the Services; and
- you will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Content, including instances where the Your Content (i) infringes any Third Party Content or other third-party intellectual property rights, or (ii) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
Deletion of Your Content – We reserve the right to remove any of Your Content for any reason, including if we determine in our sole discretion that it violates any law or any right of any person, infringes the intellectual property rights of any person, or is otherwise inappropriate for posting on the Services. You acknowledge and agree that we may retain a copy or copies of Your Content for archival or compliance purposes or to otherwise provide the Services to you or others, subject always to your license to us set out above, even if you delete your Account to which Your Content is connected. If permitted by the functionality of the Services, you may delete Your Content from the communication facilities thereupon, though we may retain a copy internally thereof for compliance purposes.
Responsibility for Content – You acknowledge and agree that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any content, information or material received, transmitted or sent by you using the Services. You further acknowledge and agree that we take no responsibility and assume no liability for any of Your Content.
Public Transmission and Caching – You acknowledge and agree that the technical processing and transmission of the Services, including Your Content and other Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
Feedback – All right, title and interest in and to any and all comments, ideas, suggestions and impressions of the Services and our products given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign to us all right, title and interest to such Feedback to us.
Copyright Complaints – If you believe that any Content on the Services infringes upon any copyright or other intellectual property right that you own or control, you may send a written notification of such infringement to our designated agent
by e-mail at: firstname.lastname@example.org
Attn: Designated Agent
To meet the notice requirements under the Digital Millennium Copyright Act , the notification must be a written communication that includes the following:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To meet the notice requirements under Canada’s Copyright Act, the notification must be a written communication that includes the following:
- the claimant’s name and address;
- the identity of the work to which the alleged infringement relates;
- the claimant’s interest or rights in respect of the work;
- the type of infringement claimed;
- the electronic location data for which the alleged infringement relates; and
- the date and time of the alleged infringing activity.
Infringer and Repeat Infringer Policy – We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property. We may also, at our sole discretion, limit access to the Services or terminate the Account of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.
Acceptable Use and Prohibitions
- you only use the Services for lawful purposes; and
- you protect the Services and its proprietary content, information and other materials from any unauthorized use;
- you keep secure and confidential your Account password and identification which enable you to access and use the Services;
- you only use the Services for your own use;
- you provide us with whatever proof of identity we may reasonably request;
- impair the proper operation of the network or attempt to harm the Services in any way whatsoever;
- post, upload, reproduce, distribute or otherwise transmit any Content that
- is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,
- contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,
- is defamatory, infringing, or unlawful,
- is inappropriate, offensive, profane, obscene, indecent or otherwise objectionable materials or information without suitable or lawfully-required access controls (which controls shall in no event be our responsibility),
- gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation,
- constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography; or
- incites discrimination, hate or violence towards one person or a group because of their belonging to a race, religion, nationality, sexuality, gender or other human rights-protected group of persons;
- cause nuisance, annoyance or inconvenience;
- engage in threats, harassment, intimidation, defamation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
- scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
- forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Services;
- impersonate or falsely represent your association with any person, including a representative of us;
- disrupt or threaten the integrity, operation or security of any service, computer or any Internet system;
- impair the proper operation of the Services or attempt to harm the Services in any way whatsoever;
- disable or circumvent any access control or related process or procedure established with respect to the Services;
- sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal, personal, non-commercial purposes), any portion of, use of or access to, any Services, except where expressly authorized by us;
- harvest, scrape, extract, gather, collect, or store personal information about others without their express consent; or
- harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Services or to extract data, collect information or otherwise interact with the Services;
- permit any third party to engage in any of the acts described herein;
If you breach any of these restrictions, you may be subject to prosecution and damages. SportNinja is not responsible in any way for any such use by you or any other user, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmission that you may receive as a result of using the Services.
Disclaimers, Limits of Liability and Indemnities
Internet-Based Limitations – Your use of the Services depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
Disclaimer of Warranties – We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the Services (including, without limitation, any Third Party Content). We expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, durability, quiet enjoyment, title or non-infringement of third party rights, interference with enjoyment, completeness, integration, freedom from defects or disabling devices, or uninterrupted use, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever. For greater certainty, we do not warrant that (i) the Services will meet your requirements, (ii) operation of the Services will be uninterrupted or virus- or error-free, (iii) the Services will operate or be compatible with any other application or any particular system or device, or (iv) defects in the Services will be corrected. No oral or written advice or information provided by us or our authorized agents or representatives will be deemed to create any warranty.
- sending, receiving, not sending, not receiving, loss, deletion or alteration of any transmissions, data or transactions entered into through or using the Services;
- any suspension, curtailment, restriction, termination or other limitation placed on your use of the Services, or your Account;
- any act or omission of you or any third party, including any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights;
- any loss or damage to Your Content or other data arising directly or indirectly from your use or non-use of the Services or related components;
- the performance of the Internet or the Services;
- delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses, Trojan horses, spyware, spam or defects in the transmission of any information, material or data over or through our systems or networks or the systems or networks of third parties.
In any event, our total liability to you for any damages finally awarded shall not exceed the amount of fifty dollars ($50.00). The foregoing limitation will apply even if the above stated remedy fails of its essential purpose.
Arbitration and Class Action Waiver
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.
Informal Process First – You agree that in the event of any dispute between you and us, you will first contact us and make a good faith, sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to the company. The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules, including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputed will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators will be one (1). You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Delaware law will apply. Judgment on the award rendered by the arbitrator may be entered in any court have jurisdiction thereof.
Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or law require us to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then we will have the right to elect to pay the fees and costs an proceed to arbitration, or to decline to do so and have the matter resolved through the courts.
The arbitrator, and not any federal, state or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this arbitration agreement, including any claim that all or any part thereof is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” provision below.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
If you do not want to arbitrate disputes with us and you are an individual you may opt out of this arbitration agreement by sending an email to email@example.com within thirty (30) days of the date on which you first accessed or used the Services.
Class Action Waiver – Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have the authority to combine or aggregate similar claims or conduct any Class Action not make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any litigation in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any Claims must be decided individually, through arbitration.
If this Class Action Waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void.
English Language – The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English
Questions and Concerns:
- by email: firstname.lastname@example.org, or
- via our contact page: www.sportninja.com/contact.html