SportU.com Terms and Conditions

Welcome to SportU.com, the sports social networking site where members can stay in touch with other members regardless of sex, race religion, or political affiliation and discuss sports related topics. SportU.com is operated by SportU.com LLC. (SportU). By using SportU.com you accept and agree to be bound by the following terms of use (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'

Changes to SportU.com and the Terms of Service

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

Eligibility and Registration

You must be 18 years or older to use SportU.com. By registering with SportU, you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a SportU.com member ('Member'). As part of the registration process, you will be asked for username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Member Conduct and Appropriate Content

SportU is made available for your personal, non-commercial use only. You may not use SportU for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on SportU

We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does SportU have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of SportU.

CONDITIONS FOR USE

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the SportU.com. By way of example, and not as a limitation, you agree NOT to:

    * Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.

    * Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.

    * Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members

    * Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.

    * Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by SportU.com

    * Create a false or misleading identity of, including, but not limited to, a SportU employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.

    * Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

    * Use SportU.com in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.

    * Attempt to gain unauthorized access to SportU, other accounts, computer systems or networks connected to SportU, through password mining or any other means.

    * Modify, adapt, translate, or reverse engineer any portion of SportU, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of SportU.com

    * Reformat or frame any portion of the web pages that are part of SportU

    * Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.

    * Remove any copyright, trademark or other proprietary rights notices contained in or on SportU

    * Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.

    * Interfere with another Member's use and enjoyment of SportU.com

    * Harvest or collect email addresses or other contact information of Members, including usernames, from the SportU.com website by electronic or other means.

Proprietary Rights

SportU does not claim any and all ownership rights in any Materials that you submit, post, or display on or through the SportU.com Web site. After submitting, posting or displaying Materials on or through SportU.com Web site, you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through SportU, you hereby grant SportU a license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through SportU.

Without this license, SportU would be unable to provide the SportU Service. For example, without the right to modify your Materials, SportU would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, SportU could not allow users and Members to listen to music posted by Members. The license you grant to SportU is non-exclusive (meaning you are free to license your Materials to anyone else in addition to SportU), fully-paid and royalty-free (meaning that SportU is not required to pay you for the use on SportU of the Materials that you post), sublicensable (so that SportU is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the SportU service), and worldwide (because the Internet and SportU.com are global in reach). This license will terminate at the time you remove your Materials from SportU, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos or skins); provided, however if you remove any of the Materials from SportU, SportU reserves the right to remove all of your Materials from other Member's pages. The license does not grant SportU the right to sell your Materials, nor does the license grant SportU the right to distribute your Materials outside of SportU. You represent and warrant that: (i) you own the Materials posted by you on or through SportU or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the SportU does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through SportU.com

SportU.com, LLC. and its affiliates and licensors own and retain all rights in the SportU.com Web site, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of SportU by SportU.com. Except as expressly authorized by SportU.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of SportU.com's proprietary information. 'SportU' and 'SportU.com' are trademarks of SportU.com, LLC.

Privacy Policy

We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the SportU.com Privacy Policy.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. SportU respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site (including a URL and/or screen shot); your address, telephone number, and email address; 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; 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 owner's behalf.

Internet Access

SportU shall not be responsible for any connection or access to the SportU.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the SportU.com website via the Internet, and the Internet access charges thereon.

Termination of SportU.com

These Terms of Service will apply to your use of SportU.com. At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the SportU.com. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership. SportU may also, in its sole discretion and at any time, discontinue temporarily or permanently providing SportU.com, or any part thereof, with or without notice. You agree that any termination of access to the SportU under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that SportU may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files on SportU.com. Where possible, SportU will use reasonable efforts to give Members fair notice of termination or suspension of their access to the SportU. Further you agree that SportU shall not be liable to you or any third party for any termination or suspension of access to SportU or modification of SportU.

Disclaimer of Warranties

SportU.com  LLC. and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('SportU") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on SportU.

SportU further expressly disclaims (1) that SportU will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that SportU or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of SportU or the content made available as part of SportU will be correct, accurate, timely, or otherwise reliable.

SportU expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of SportU input by other Members is correct or accurate.

SPORTU, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH SportU), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. SPORTU EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF SPORTU IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at SportU request defend, SportU, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on SportU.com, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, SportU will provide you with written notice of such claim, suit or action.

Limitation of Liability

YOUR USE OF SportU SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL SportU, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, SportU, WHETHER OR NOT SportU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SportU, FROM INABILITY TO USE SportU, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SportU (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH SportU OR ANY PART OF SportU YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SportU AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL SportU BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00).

Notices

SportU.com may provide you with notices regarding the SportU.com Service or these Terms of SportU Service by regular mail, email, or postings to this Web site.

Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of SportU.com Services.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Jefferson, the State of Alabama. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall SportU.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service constitute the entire agreement between you and SportU.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

Privacy Policy

The use of the SportU website(s) and/or SportU software and any SportU services and products (collectively, the "Website") provided by SportU.com LLC., ("SportU") are subject to the provisions of this Privacy Policy, including any amendments or updates hereto.

This Privacy Policy is incorporated into and is subject to the SportU Terms & Conditions.

If you do not agree to this Privacy Policy, please do not use the Website. Your use of the Website constitutes your acceptable of the terms in this Privacy Policy.

General

SportU takes your privacy seriously. We gather certain types of information about our users and we want to help you understand the terms related to the collection and use of the information which we collect. This Privacy Policy discloses the types of information we gather, how we use it, and what choices you have regarding the collection of such information.

BY USING, ACCESSING OR DOWNLOADING THE WEBSITE), YOU AGREE TO THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION (AS HEREUNDER DESCRIBED), IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET HEREUNDER.

SportU reserves the right to amend this Privacy Policy at any time and without notice, and it is your responsibility to check back, from time to time, for any changes. Your use of the Website following any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms. If you are under the age of 15, you are not eligible to use the Website, and we ask you not to submit any personal information to us.

Please note that any video, photo, or other content posted at the direction of users onto the SportU website becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

Collection of Personal Information.

When you register to become a member of SportU.com, you submit information such as your name and email address. As part of your personal profile, you may choose to submit additional information such as age, hobbies, and interests and other content, such as photos.

We also collect other non-personally identifiable data, which may include your IP address and what browser you are using.

Non personally-identifiable Information.

SportU may also collect or receive additional non-personally identifiable usage information specifically related to the use of a particular feature or offering on the Website, and responses to the offerings and advertisements presented on the Website.

SportU may also collect or receive (in some cases as part of the Internet communication protocol) certain non-personally identifiable technical information, when the Website and pages are visited or when a SportU client is used.

How is the information being used?

The information is used to operate and improve the features, offerings and content presented to you by SportU, to personalize the content and advertisements provided to you; to fulfill your requests for products, programs, and services; to communicate with you and respond to your inquiries; to conduct research about your use of the Website; and to help offer you other products, programs, or services that may be of interest.

Please note that SportU may use your personally identifiable information to present offers to you on behalf of business partners and advertisers. However, while SportU's business partners and advertisers may receive aggregate data about SportU users, any personally identifiable information of yours will not be shared with third parties unless you have consented to the sharing of this information.

Notwithstanding the foregoing, your information may be accessed and disclosed if and as required by legal procedures, as determined by SportU in good faith. Furthermore, SportU may transfer personally identifiable information in the event of a transfer of ownership of SportU or any of its websites or products, in which case the information could become subject to a different privacy policy.

Cookies and Similar Technology

A "cookie" is a small text file that a Web site can place on your computer's hard drive to, for example, collect information about your activity on that site, or simply to "remember" your preferences on the site. The "cookie" transmits this information back to the Web site's computer. Many uses do not know that "cookies" are being place on their computers when they visit Web sites.

SportU may use cookies or similar technologies to enhance and personalize your experience of the Website, including to operate and improve offerings through the Website; to help authenticate your identity when you visit and transact with the Website; to remember your preferences and registration information; to present and help measure and research the effectiveness of the various offerings, advertisements, and e-mail communications (by determining which e-mails you open and act upon); and to customize the content and advertisements provided to you.

SportU does not require that you accept cookies, and you may disable cookies at any time. However, some functionality of our Website may be impaired if you decline to accept cookies. You can also set your Web browser settings to notify you whenever a Web site seeks to place a "cookie" on your system, As technology evolves, SportU reserves the right to employ other information collection technologies similar to "cookies."

Third Party Ad Servers

SportU or its advertisers may use other companies known as third party ad servers to help present advertisements online in connection with the Website. These third party ad servers may use cookies or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies, not SportU's.

Security

SportU has implemented security policies, rules and technical measures to protect and safeguard the personally identifiable information under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. All our personnel that have access to, and are associated with the processing of your personally identifiable information, are obligated to respect the confidentiality of the information.

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Data Collection and Sharing Policy

SportU's Privacy Policy is to share personal information only with the owner's informed consent. If you register with us, we may collect your personal information and send you communications from time to time. With your consent, from time-to-time, SportU may also provide its business partners with contact details for direct marketing purposes of relevant services, products, and programs. If you no longer wish your information to be shared, please let us know. If you have further inquires regarding SportU's information sharing practices, please let us know.

The designated contact for these queries is abuse@SportU.com.Note: In certain rare instances, we may be ordered by a court or other government entity to share your information. In such instances, we will share your personal information without your consent as required to do so by law enforcement, a court, or other government agency, or to protect our legal rights or the legal rights of others

Other Information Automatically Collected

Our servers automatically collect certain non-personally identifying information, such as your computer's IP address, the type of browser in use and pages viewed as you visit our Web site. We use this information to understand how visitors navigate our site, to enhance your experiences while using our site and to make the materials we post as valuable to visitors as possible.

Special Note for Parents

Protecting the privacy of young children is especially important. For that reason, SportU does not knowingly collect or maintain personally identifiable information on the Website from persons under 15 years of age, and no part of our Website is directed to persons under 15. If you are under 15 years of age, then please do not use or access the Website at any time or in any manner. If SportU learns that personally identifiable information of persons under 15 years of age has been collected on the Website without verified parental consent, then SportU will take the appropriate steps to delete this information.

Third Parties' Practices

This Privacy Policy does not cover the information practices exercised by other providers of products or services, advertisers or other web sites, or companies/people that SportU does not own or control, or does not employ or manage. See also, "Third Party Ad Servers."

Non-U.S. Users

The Website is hosted in the United States. If you are accessing the Website from a jurisdiction with privacy laws or regulations that differ from United States laws, please be advised that through your continued use of the Website, you are transferring your personal information to the United States and you consent to that transfer.

Assignment of Information

SportU reserves the right to transfer, sell or assign the information we collect to any entity that purchases all or part of our assets, or which otherwise should obtain the information in connection with a merger, consolidation, change in control, reorganization, or liquidation of all or part of our business.