- Acceptance of terms
SPORT STREET INC. ("Sport Street") provides its services to you subject to the following Terms of Service ("TOS"). Sport Street reserves the right, at its sole discretion, to update the TOS at any time. You can review the most current version of the TOS at any time at the URL for this page. In addition, when using particular Sport Street owned or operated services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules are incorporated herein by reference.
PLEASE REVIEW THE TOS CAREFULLY. BY REGISTERING FOR OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOS, INCLUDING ANY REVISIONS THERETO POSTED AT THE URL FOR THIS PAGE OR OTHERWISE DISCLOSED TO YOU.
- Grant of rights
Sport Street provides a service utilizing various tools, including, but not limited to, the Sport Street website at http://www.sportstreet.com/, that allows users to interact online with others (the "Service"). Subject to your compliance with the TOS in all material respects, Sport Street grants you a limited, non-exclusive, revocable right to access and use the Service.
You may browse the Service without registering, but you understand that some features of the Service may not be accessible to you unless you register. In registering for the Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sport Street has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sport Street may suspend or terminate your account and refuse any and all current or future use of the Service.
You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify Sport Street immediately of any unauthorized use of your password or account or any other breach of security.
You represent that you are: (1) over the age of thirteen (13); (2) of legal age to form a binding contract; and (3) not a person barred from using the Service under the laws of the United States or any other applicable jurisdiction.
- Responsibility for content
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Service, whether publicly posted or privately transmitted ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not Sport Street, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Service ("Your Content"), and other users of the Service, and not Sport Street, are similarly responsible for all Content they upload, post, e-mail, transmit or otherwise make available through the Service ("User Content").
You acknowledge that Sport Street has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Sport Street reserves the right in its sole discretion to pre-screen, refuse or remove any Content. In the event that Sport Street pre-screens, refuses or removes any Content, you acknowledge that Sport Street will do so for Sport Street’s benefit, not yours. Without limiting the foregoing, Sport Street shall have the right to remove any Content that violates the TOS or that it deems objectionable.
- Rights to content
Sport Street does not claim ownership of Your Content. However, you grant Sport Street a perpetual, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Your Content in connection with the Service. You understand that the technical processing and transmission of data associated with the Service, including Your Content, may require: (1) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Except with respect to Your Content and User Content, you agree that Sport Street and its licensors own all rights, title and interest in the Service and all Content within the Service. You may not (and you may not allow any third party to) copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code; or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to access the Service by any means other than through the interface provided by Sport Street and as expressly authorized under the TOS.
The SPORT STREET name and logo are trademarks and service marks of Sport Street (the "Sport Street Marks"). You agree not to display or use in any manner any Sport Street Marks without Sport Street’s prior written consent.
- Points and virtual items
You agree that you have no right, title or interest in any points or other virtual items that you receive through the Service, whether earned or otherwise (collectively, “Virtual Items”). Sport Street prohibits and does not recognize any purported transfers of Virtual Items between you and any third party. Sport Street reserves the right to modify or revoke Virtual Items without compensation to you, and Sport Street shall not be liable for any loss of Virtual Items, including, but not limited to, loss through any malfunction or error in the Service.
- User Conduct
In connection with your use of the Service, you shall not:
upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, Sport Street personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects the ability of other users to engage in real-time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
stalk or otherwise harass another person or entity;
use spiders, crawlers, robots or any other means to access the Service or substantially download, reproduce or archive any portion of the Service; or
reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your user account) or your access to or use of the Service.
You agree to indemnify and hold Sport Street and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of: (a) Your Content; (b) your use of the Service; (c) your violation of the TOS; or (d) your violation of any rights of another party.
- MODIFICATIONS TO SERVICE
Sport Street reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sport Street shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
(a) You agree that Sport Street may, under certain circumstances and without prior notice, immediately terminate your account or access to the Service. Cause for such termination shall include, but not be limited to: (1) any breach or violation of the TOS or other incorporated agreement, guideline or rule; (2) any request or order issued by a court or a law enforcement or other government official; (3) a request by you (e.g., self-initiated account deletions); (4) discontinuance or material modification of the Service; (5) unexpected technical or security issues or problems; (6) extended periods of inactivity; and (7) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made in Sport Street's sole discretion and that Sport Street shall not be liable to you or any third party for any termination of your account.
(b) In addition to Section 10(a), you agree that Sport Street may terminate your account for any reason or no reason at all upon ten (10) days written notice.
- DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third-party. You agree that Sport Street shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of any such dealings.
The Service or third parties using the Service may provide links to other websites or resources. You acknowledge and agree that Sport Street is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (collectively, "External Materials"). You further acknowledge and agree that Sport Street shall not be liable, directly or indirectly, for any damage or loss caused by or resulting from use of or reliance on any External Materials.
- DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SPORT STREET AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "SPORT STREET PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE SPORT STREET PARTIES MAKE NO WARRANTY THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH MATERIALS.
- LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE SPORT STREET PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPORT STREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF OR INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL THE SPORT STREET PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT OF FIFTY DOLLARS (US$50.00).
YOU UNDERSTAND AND AGREE THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. UNDER NO CIRCUMSTANCES SHALL THE SPORT STREET PARTIES BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
THE SPORT STREET PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the TOS, there shall be no third-party beneficiaries to this agreement.
- PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide Sport Street's Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and e-mail address; (e) a statement by you that you have 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; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Sport Street's Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
95 Cantiague Rock Rd Westbury, NY 11590
- GENERAL PROVISIONS
Entire Agreement. The TOS constitutes the entire agreement between you and Sport Street concerning your use of the Service, superseding any prior or contemporaneous agreements between you and Sport Street with respect to the subject matter hereof.
Assignment. You may not assign or delegate any right or obligation under the TOS, by operation of law or otherwise, without the prior written consent of Sport Street. Sport Street may assign or delegate any right or obligation under the TOS, by operation of law or otherwise, without your consent.
Choice of Law and Forum. The TOS and the relationship between you and Sport Street shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any action, proceeding, controversy or claim between you and Sport Street arising out of or relating to this Agreement shall be brought in the United States District Court for the Southern District of New York or, if federal jurisdiction is not available, in the Supreme Court of New York County, and each party hereby submits to the personal jurisdiction of such courts with respect to such actions.
Non-Waiver. The failure of Sport Street to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability.
- ABOUT OUR CONTENT
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