We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Sportyfriends account.
We have three basic principles for the use of the Sportyfriends Service: (i) respect, (ii) loyalty and (iii) a whole lot of fun!
While using your common sense and ensuring an orderly tone, the only thing you have to do is to use Sportyfriends to everything related to your sporting life.
Sportyfriends is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from creating Sportyfriends accounts.
You affirm that you are either more than 18 years of age, or an emancipated minor, 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 these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Sportyfriends account.
With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Sportyfriends prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Sportyfriends upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You must not use domain names or web URLs in your username without prior written consent from Sportyfriends.
You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms or any other Sportyfriends terms.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
You agree that you are responsible for all data charges you incur through use of the Service.
The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to data, information, usernames, audio, sounds, musical works, works of authorship, applications, photos, videos, text, graphics, items or other materials (collectively, "User Content"). You understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. You agree to abide by our Community Guidelines, which may be updated from time to time.
You agree that you are solely responsible for your User Content and that Sportyfriends is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, monitor, screen and delete User Content at any time and for any reason.
You agree not to send violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive videos or other content via the Service.
You also agree that you are solely responsible for your User Content and the potential harmful, destructive, violent, sexual, discriminatory, unlawful, hateful, pornographic and dangerous outcome this User Content might cause.
You retain all ownership rights in your User Content. However, by submitting User Content to Sportyfriends, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Sportyfriends Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Sportyfriends Content may violate such laws and these Terms.
Except as expressly provided in these Terms, Sportyfriends does not grant any express or implied rights to use Sportyfriends Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Sportyfriends Content, the Services or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Sportyfriends Content. This license is revocable at any time. This license is subject to these Terms and does not include:
- The distribution, public performance or public display of Sportyfriends Content;
- Modifying or otherwise making any derivative uses of the Services or Sportyfriends Content, or any portion thereof;
- Use of any scraping, data mining, robots or similar data gathering or extraction methods;
- Downloading (other than page caching) any portion of the Services, Sportyfriends Content or any information contained therein, except as expressly permitted on the Services; and
- Any use of the Services or Sportyfriends Content other than for their intended purposes.
Any use of the Services or Sportyfriends Content other than as specifically authorized in these Terms, without the prior written permission of Sportyfriends, is strictly prohibited and will terminate the license to use Sportyfriends granted in these Terms.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Compromise the security of the Services;
- Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
- Use or attempt to use another user's account without authorization;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Violate the publicity, privacy or data protection rights of others, including by taking pictures of another individual without receiving that individual's consent;
- Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Sportyfriends account, Chatlenges, a Sportyfriends username, or a friend link without Sportyfriends's prior written consent;
- Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply when posting reviews of Sportyfriends, including the iTunes App Store Terms of Service and/or the Android Market Terms of Service. Posting Sportyfriends usernames in app store reviews is strictly prohibited and may result in the deletion of your Sportyfriends account.
After opening a Sportyfriends account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account. When you first create a Sportyfriends account, we may ask for your mobile number in order to verify your account. Please be aware that your carrier's text messaging fees apply for mobile number verification.
Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
Sportyfriends respects the intellectual property rights of others. In accordance with the Danish E-commerce Act (e-handelsloven), we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's intellectual property right and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party's intellectual property right.
If you believe that anything on the Services infringes any intellectual property right that you own or control, you may file a notice of such infringement with us at infringement@Sportyfriends.com.
THE SERVICES AND THE SPORTYFRIENDS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE SPORTYFRIENDS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE SPORTYFRIENDS PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Note to International Users
The Services are hosted in Denmark. If you are a user accessing the Services from the United States, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Danish laws, please be advised that through your continued use of the Services, which are governed by Danish law, you are transferring your personal information to Denmark and you consent to that transfer.
By agreeing to these Terms you agree to indemnify, defend and hold harmless Sportyfriends, our managing members, officers, agents, shareholders, employees, affiliates, licensors and suppliers (the "Sportyfriends Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
2) Limitation of Liability
Except where prohibited by law, in no event will Sportyfriends or the Sportyfriends Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Sportyfriends has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Sportyfriends for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Sportyfriends is found liable to you for any damage or loss, which arises out of or is in any way connected with your use of the Services or any content, Sportyfriends's liability shall in no event exceed DKK 1,00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Any dispute between you and Sportyfriends will be governed by these Terms and the laws of Denmark and applicable Danish law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Sportyfriends.
Questions and Comments
Sportyfriends welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting Sportyfriends.com/support