Terms of Use
Summary
As a SportsPassion User you have the ability to create a SportsPassion Profile to store information about yourself and your team and to share information with other SportsPassion users.
You build your SportsPassion Profile by submitting your own information, including photos, results, and achievements on our site, and you share this information with your team mates and friends and other SportsPassion Users.
For information as to how SportsPassion stores your User Data and how that User Data can be accessed by others, please refer to the SportsPassion Privacy Policy.
Your profile may not include the following items: any inappropriate photographs or videos including but not limited to those containing nudity, any content not related to SportsPassion including commercial information, and any obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter.
Please read the SportsPassion Terms of Use Agreement carefully. You can only register with SportsPassion if you agree to ALL of its terms of use.
SportsPassion Terms of Use
3eep Pty Ltd, ACN 121 771 300, supplies the SportsPassion Services pursuant to the following terms of service and all applicable laws and regulations. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the SportsPassion Website and discontinue use of the SportsPassion Services immediately. All of the services offered by SportsPassion at www.SportsPassion.com are collectively referred to as the SportsPassion Services.
1. By using the SportsPassion Services, you are bound by the SportsPassion Terms of Use, and all applicable laws and regulations, whether you are a Visitor (which means that you are just browsing the SportsPassion Website) or you are a Member (which means that you have registered with the SportsPassion Website. The term User refers to both a Visitor and a Member.
2. As a Member you may create a SportsPassion Profile to share information about yourself, your team and your club and other SportsPassion related information on the SportsPassion Website (a Profile). Please refer to the SportsPassion Privacy Policy as to how SportsPassion handles your User Data. You are required to carefully monitor the information you post on SportsPassion and that you provide to other Users.
3. Eligibility. By Registering as a SportsPassion Member you must: (a) represent and warrant that all registration information you submit is truthful and accurate; (b) maintain the accuracy of all such information; (c) be aware if you are less than 13 years of age special conditions set out in this Terms of Use apply to you. Users who are not older than 13 may not be able to use all SportsPassion Services; and (d) be aware if you are less that 13 years of age and reside in the United States of America you may not become a member of SportsPassion (e) represent and warrant your use of the SportsPassion Services does not violate any applicable law or regulation.
SportsPassion may delete your Profile and your user registration may be terminated without warning, if we believe that any information you have supplied is inaccurate or misleading or that you have posted content on the SportsPassion site that violates the SportsPassion Terms of Use.
4. Personally Identifiable Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person, such as telephone numbers, street addresses or certain photographs. Please be aware of any potential consequences when posting Personally Identifiable Information on the internet as User Data or otherwise.
5. Users Under the Age of 13 and Parents or Guardians of Users under the age of 13. (a) Users under the age of 13 will not be able to register as Members unless their parent or guardian has consented to their registration and agreed to these Terms of Use. (b) SportsPassion users under the age of 13 must not include any Personally Identifiable Information such as telephone number, name and address on the SportsPassion site with out the prior permission of their parent or guardian. (c) SportsPassion requires parents or guardians to warn children of the consequences of posting any Personally Identifiable Information on the internet. (d) Parents and guardians should monitor the site and delete any objectionable information posted by their child or charge, and report to SportsPassion any content that may be objectionably that they discover. (e) SportsPassion may from time to time prohibit access to all or portions of the SportsPassion Services to Users under the age of 13. (f) SportsPassion may terminate any registration when SportsPassion is informed or has reason to believe that any part of section 4 has been violated. 6. Termination: You may cease to be Member of the SportsPassion service at any time by deleting all user information from your User profile. SportsPassion may also terminate your Member status due to your breach of these Terms of Use. SportsPassion may terminate Users membership to the site or disable access for any breach of these Terms of Use, other SportsPassion policy or any applicable law or regulation
7. Fees: SportsPassion may from time to time charge fees for all or a portion of its service, and to revise the fees charged in its sole discretion. However, prior to the imposition of any fees, SportsPassion will obtain your prior consent to pay the fees.
8. Password: When you agree to be a SportsPassion Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to intentionally use the user account or password of another Member at any time or to disclose your password to any third party who is not known and trusted by you.
You agree to notify SportsPassion immediately if you suspect any unauthorized use of your account or access to your SportsPassion password. You are solely responsible for any and all use of your password and your SportsPassion account.
9. Non-commercial Use by Registered Users: The SportsPassion Services are for the personal use of registered users only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by SportsPassion.
10. Prohibited SportsPassion Content: To protect SportsPassion and SportsPassion Users there is particular User Content which is prohibited. Prohibited User Content includes, but is not limited to User Content that, in the sole discretion of SportsPassion:- Harasses or exploits a person or encourages harassment of another person;
- Contains nudity, or violence, or links to websites which contain nudity or violence;
- Solicits personal information from anyone under 13;
- Solicits any passwords or personal identifying information for commercial or unlawful purposes from other users;
- Provides any telephone numbers, street addresses, last names, URLs or email addresses other than in connection with the SportsPassion profile or SportsPassion services;
- Promotes false, illegal information and or which promotes any illegal or offensive conduct;
- Promotes an illegal or unauthorised copy of another persons copyrighted work;
- Involves commercial activities and/ or sales without prior written consent;
- Post advertisements or solicitations of business;
- Includes a photograph of another person that you have posted without that persons consent;
- Impersonates another person.
- In breach of any law or regulation or may be considered to be criminal or tortious activity;
- Any unauthorised commercial activity, or use of the SportsPassion Services, including but not limited to transmitting any commercial messages, chain letters or junk email to other users. It is also a violation of this Agreement to use any information obtained from the SportsPassion Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such unauthorized advertising or solicitation, SportsPassion reserves the right to restrict the number of internal messages that a user may send to other users in any 24-hour period to a number which SportsPassion deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk communications of any kind through the SportsPassion Services, you agree to pay SportsPassion $50 for each such unsolicited communication sent through the SportsPassion Services such sum being reasonable compensation for SportsPassion costs incurred;
- Covering, removing or otherwise obscuring a banner or any other SportsPassion sponsor messages or advertisements or any SportsPassion page (including on a personal profile page) by means of HTML/CSS or any other means;
- Any automated use of the system, such as using scripts to add friends or send comments or messages;
- Interfering with, disrupting, or creating an undue burden on the SportsPassion Services or the networks or services connected to the SportsPassion Services;
- Selling or otherwise transferring your Profile;
- Using any information obtained from the SportsPassion Services in order to harass, abuse, or harm another person.
12. Regulation and Monitoring the SportsPassion Site: SportsPassion assumes no responsibility for monitoring the SportsPassion Services for inappropriate Content or conduct. However, SportsPassion may at any time monitor the SportsPassion Services and remove any User Content that SportsPassion in its sole discretion determines to violate these Terms of Use.
SportsPassion will use reasonable efforts to remove any material that violates these Terms of Use which is brought to its attention however, it is important that all SportsPassion users acknowledge SportsPassion does not endorse and has no control over User Content. User Content and any links to other websites in User Content is not reviewed by SportsPassion prior to posting and does not necessarily reflect the opinions or policies of SportsPassion. User Content may contain inappropriate, offensive or sexually explicit material, products or services, and SportsPassion assumes no responsibility or liability for this material. SportsPassion makes no warranties, express or implied, as to User Content or to the accuracy and reliability of the Content or any material or information that you transmit to other SportsPassion Users.
If you become aware of misuse of the SportsPassion Services by any person, please contact us via our help section or click on the Report button on any Members Profile page, or click on the Report link on the photo or video pages or other content pages.
SportsPassion reserves the right, in its sole discretion, to reject, refuse to post or remove any posted content (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the SportsPassion Services at any time, for any or no reason, with or without prior notice, and without liability.
13. Proprietary Rights in Content on SportsPassion.com and SportsPassion Services 13.1 SportsPassion or SportsPassions licensors owns all rights, title and interest in any content posted by SportsPassion on the SportsPassion site SportsPassion Content. 13.2 Except as otherwise expressly authorized by a User, SportsPassion does not claim any ownership rights in the text, information, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (collectively, User Content) that you create, upload, display or publish using, or to, the SportsPassion Services. 13.3 After posting User Content to SportsPassion Services, you may retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, however, by posting any User Content on the SportsPassion Services, you hereby grant to SportsPassion its Members, Visitors, sponsors and affiliates a non-exclusive, fully-paid, royalty-free license to use, modify, publicly display, reproduce, and distribute such User Content.
You represent and warrant that: (i) you own the User Content posted by you on or through the SportsPassion Services, or otherwise have the unrestricted right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the SportsPassion Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any other person. (iii) all User Content conforms to these Terms of Service. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the SportsPassion Services.
SportsPassion Content is protected by copyright, trademark, patent, trade secret and other laws, and SportsPassion owns or has the right to use, and retains all rights in the SportsPassion Content and the SportsPassion Services. SportsPassion hereby grants you a non-exclusive, license to display the SportsPassion Content (excluding any software code) solely for your personal use in connection with viewing the SportsPassion Website and using the SportsPassion Services provided that you include SportsPassion copyright notices, indicating SportsPassions rights when requested to do so.
14. Copyright, Trade Mark, and Confidential Information Policy: User Content may not violate any Copyright or Trade Mark law or regulation. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the SportsPassion Services in a way that constitutes a breach of this section, please provide our Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the SportsPassion Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
SportsPassions Agent for notice of claims relating to this section can be reached as follows: contact@sportspassion.com.
15. User Disputes: You are solely responsible for your interactions with other SportsPassion Users. SportsPassion reserves the right, but has no obligation, to monitor disputes between you and other Users.
16. Disputes: If there is any dispute about or involving the SportsPassion Services, you agree that the dispute shall be governed by the laws of the State of New South Wales, Australia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Australia located in Sydney, New South Wales. Either SportsPassion or you may demand that any dispute between SportsPassion and you about or involving the SportsPassion Services must be settled by independent arbitration utilising the dispute resolution procedures as determined from time to time by SportsPassion at its sole discretion, provided that the foregoing shall not prevent SportsPassion from seeking injunctive relief in a court of competent jurisdiction.
17. Privacy Policy: The use of the SportsPassion Services is also governed by the SportsPassion Privacy Policy, which is incorporated into this Agreement by this reference.
18. Disclaimers 18.1 SportsPassion takes no responsibility for third party advertisements which are posted on this SportsPassion Website or through the SportsPassion Services, nor does it take any responsibility for the goods or services provided by its sponsors, advertisers, strategic partners or affiliates. i. SportsPassion is not responsible for the conduct, whether online or offline, of any User of the SportsPassion Services. ii. SportsPassion 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, any Profile, Content or communication. iii. SportsPassion is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, due to technical problems or traffic congestion on the Internet or on any of the SportsPassion Services or combination thereof, including any injury or damage to Users or to any persons computer related to or resulting from participation or downloading materials in connection with the SportsPassion Services. iv. Under no circumstances shall SportsPassion be responsible for any loss or damage, including personal injury or death, resulting from use of the SportsPassion Services, attendance or participation in a SportsPassion event or promotion, from any Content posted on or through the SportsPassion Services, or from the conduct of any Users of the SportsPassion Services, whether online or offline. v. The SportsPassion Services are provided as is and as available and SportsPassion expressly disclaims any warranty of fitness for a particular purpose or non-infringement. vi. SportsPassion cannot guarantee and does not promise any specific results from use of the SportsPassion Services.
19. Limitation on Liability IN NO EVENT SHALL SPORTSPASSION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SPORTSPASSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPORTSPASSIONS 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 SPORTSPASSION FOR THE SPORTSPASSION SERVICES DURING THE TERM OF YOUR USE OF THE SPORTSPASSION WEBSITE.
20. Indemnity: You agree to indemnify and hold SportsPassion, its subsidiaries, and affiliates, and their respective directors, officers, agents, sponsors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the SportsPassion Services 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 and/or if any Content that you post on the SportsPassion Website or through the SportsPassion Services causes SportsPassion to be liable to another.
21. Other: This Agreement is accepted upon your use of the SportsPassion Website or any of the SportsPassion Services and is further affirmed by you becoming a user. This Agreement constitutes the entire agreement between you and SportsPassion regarding the use of the SportsPassion Services. The failure of SportsPassion to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. SportsPassion, SportsPassion.com, 3eep, share your passion and communities in conversation are trademarks of 3eep Pty. Ltd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
22. Modifications to these Terms of Service SportsPassion may modify these Terms of Service from time to time and such modification shall be effective upon posting by SportsPassion on the SportsPassion Website. You agree to be bound to any changes to this Agreement when you use the SportsPassion Services after any such modification is posted.
Portions of the SportsPassion site may be operated by SportsPassion but subject to additional terms of service or may be operated third parties who offer their own terms of service. In either case you may be required to agree to further terms of service to proceed with those sections of the SportsPassion site. Please contact us at feedback@sportspassion.com with any questions regarding this Agreement.
