Last Revised: April 23, 2012
SportStream, Inc. (“SportStream”, or “we”) provides our users the ability to view material, from either social networking services (“SNSs”) or the Internet generally, in an innovative way. The services offered by SportStream include our software applications (including any updates, new versions or new releases thereof), including, but not limited to, applications for mobile devices such as Apple’s iPad and iPhone (each a “SportStream Application”), our website located at www.SportStream.com (the “Site”) and any other services offered by SportStream in connection with our SportStream Application or the Site (any and all of the foregoing are referred to as the “Services”). The Services do not include any SNS or other third-party service you interact with via the Services.
Eligibility and Access
The Site, Services and SportStream Content are intended solely for persons who are 13 years of age or older. Any access to or use of the Site, Services and SportStream Content by anyone under 13 is expressly prohibited. By accessing or using the Site, Services and SportStream Content you represent and warrant that you are 18 or older or, if younger than 18, are at least 13 or older and have a parent’s or guardian’s permission to access or use the Site, Services and SportStream Content.
To use certain current or future portions or functionalities of the Site, Services or SportStream Content, you may be required to register for a user name and password (a “SportStream Account”). SportStream reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in SportStream’s sole discretion and without any liability to you. You are responsible for maintaining the confidentiality of your SportStream Account credentials to use the Services, and are fully responsible for all activities that occur through the use of your credentials. You should use a robust password to protect your SportStream Account through a combination of upper and lower case letters, numbers and other characters. You agree to notify SportStream immediately of any unauthorized use of your SportStream Account credentials or any other breach of security with respect to your SportStream Account. SportStream will not be liable for any loss or damage arising from unauthorized use of your SportStream Account credentials prior to you notifying SportStream of such unauthorized use or loss of your credentials.
You agree to provide accurate, current, complete, and non-misleading information to SportStream in connection with your creation of a SportStream Account and during your use of the Site and Services. SportStream reserves the right to suspend or terminate your access to the Site and Services if any information provided to SportStream in connection with your SportStream Account or use of the Site and Services proves to be inaccurate, not current, incomplete or misleading. If messages sent to an email address provided by you and associated to your SportStream Account are returned as undeliverable, SportStream reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party. You agree that you will not use the SportStream Application to access or use third party services to which you do not have the right to access. If you are not a SportStream App User, then you may be permitted to browse all areas of the Site or use the parts of the Services that are not limited to SportStream App Users only, except as otherwise limited by the functionalities of the Site or Services (e.g., a SportStream Account may be required for access to certain Services).
Third Party Materials and Agreements
You may be able to access, review, display or use third party services, resources, content or information (“Third Party Materials”) via the Services. By using the SportStream Application to find material on the Internet, you instruct SportStream to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials, and SportStream disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials or User Content (defined below) via a SportStream Application. You acknowledge and agree that SportStream: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and © does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services (including any SNS) does not imply any endorsement by SportStream of Third Party Materials or any such third party services.
We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see: http://www.networkadvertising.org/managing/opt_out.asp
Certain types of content are made available through the Site and Services. “SportStream Content” means SportStream proprietary content, including but not limited to, SportStream trademarks and logos, made available through the Site and Services, excluding Third Party Materials and User Content. “User Content” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that a SportStream App User provides directly to SportStream via the Site and Services, as applicable.
SportStream claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.
SportStream Application License
Proprietary Rights. The copy of the SportStream Application is licensed, not sold, to you. You agree that SportStream and its licensors own all right, title and interest in and to the SportStream Application, including all intellectual property rights therein, and that SportStream retains ownership of all copies of the SportStream Application even after installation on your mobile device. The SportStream Application is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the SportStream Application as delivered to you.
Export Control. You may not use, export, re-export, import, or transfer the SportStream Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the SportStream Application, and any other applicable Laws. In particular, but without limitation, the SportStream Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the SportStream Application, you represent and warrant that you are not located in any such country or on any such list. You also will not use the SportStream Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
You agree to the Apple iTunes Terms of Service if you download a SportStream Application from the iTunes Store.
Copyrighted Materials: No Infringing Use
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. SportStream has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or access to the Site and Services to users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the SportStream Copyright Policy www.SportStream.com/copyright for further information.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at feedback@SportStream.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of SportStream and you hereby irrevocably assign to SportStream and agree to irrevocably assign to SportStream all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At SportStream’s request and expense, you will execute documents and take such further acts as SportStream may reasonably request to assist SportStream to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Interactions between Users
You agree not to do any of the following while using the Site, Services or SportStream Content:
- Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including, but not limited to, in any Third Party Materials; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, shocking or objectionable; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, SportStream’s name, any SportStream trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without SportStream’s express written consent;
- Access, tamper with, or use non-public areas of the Site or Services, SportStream’s computer systems, or the technical delivery systems of SportStream’s providers;
- Attempt to probe, scan, or test the vulnerability of any SportStream system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SportStream or any of SportStream’s providers or any other third party (including another user) to protect the Site, Services or SportStream Content;
- Attempt to access or search the Site, Services or SportStream Content or download SportStream Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SportStream or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a SportStream trademark, logo URL or product name without SportStream’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or SportStream Content to send altered, deceptive or false source- identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or SportStream Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Sweepstakes and Contests
THE SITE, SERVICES, SportStream CONTENT, THIRD PARTY MATERIALS AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SportStream EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.SportStream MAKES NO WARRANTY THAT THE SITE, SERVICES, SportStream CONTENT, THIRD PARTY MATERIALS OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SportStream OR THROUGH THE SITE, SERVICES, SportStream CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
IN NO EVENT WILL SPORTSTREAM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPORTSTREAM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names, and any other proprietary designations of SportStream used herein are trademarks or registered trademarks of SportStream. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.