BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE"AGREEMENT") GOVERNING YOUR USE OF SOCIAL SPORTS CLUB'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.
Welcome
As part of the Service, Social Sports Club will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Social Sports Club website incorporated by reference herein, including but not limited to Social Sports Club's privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.
Privacy & Security; Disclosure
Social Sports Club's privacy and security policies may be viewed at http://www.socialandsportsclub.com. Social Sports Club reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, Social Sports Club occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service.
Your Responsibilities
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. Youshall: (i) notify PlayCoed.com immediately of any unauthorized use of any password or account or any other known or suspected breach ofsecurity; (ii) report to Social Sports Club immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Social Sports Club user or provide false identity information to gain access to or use the Service.
Account Information and Data
Social Sports Club does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not Social Sports Club, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Social Sports Club shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), Social Sports Club will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. Social Sports Club reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Social Sports Club shall be voided.
Intellectual Property Ownership
Social Sports Club alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Social Sports Club Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Social Sports Club Technology or the Intellectual Property Rights owned by Social Sports Club. The Social Sports Club name and associated d/b/a's, the Social Sports Club logo, and the product names associated with the Service are trademarks of Social Sports Club or third parties, and no right or license is granted to use them.
Third Party Interactions
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Social Sports Club and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Social Sports Club does not endorse any sites on the Internet that are linked through the Service. Social Sports Club provides these links to you only as a matter of convenience, and in no event shall Social Sports Club or its licensors be responsible for any content, products, or other materials on or available from such sites. Social Sports Club provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services. Advertising
Social Sports Club retains the right to advertising on the Web site, however ads are targeted and controlled.
Communication
Social Sports Club does send newsletters and various other pertinent updates to members.
Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
Termination for Cause
Any breach of your payment obligations or unauthorized use of the Social Sports Club Technology or Service will be deemed a material breach ofthis Agreement. Social Sports Club, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement.
Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Social Sports Club represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Social Sports Club help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain accessto the Service and that your billing information is correct.
Mutual Indemnification
You shall indemnify and hold Social Sports Club, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that Social Sports Club (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Social Sports Club of all liability and such settlement does not affect Social Sports Club's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
Disclaimer of Warranties
Social Sports Club AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. Social Sports Club AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Internet Delays
Social Sports Club's SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, ANDOTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Social Sports Club IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Notice
Social Sports Club may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Social Sports Club's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Social Sports Club's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Social Sports Club (such noticeshall be deemed given when received by Social Sports Club) at any time by any of the following: letter sent by confirmed facsimile to Social Sports Club at the following fax number: (303) 231-9693; letter delivered by nationally recognized overnight delivery service o rfirst class postage prepaid mail to Social Sports Club at the following address: Social Sports Club, 303 S Broadway, Suite 200-139, Denver CO 80209
Modification to Terms
Social Sports Club reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
General
With respect to U.S. Customers, this Agreement shall be governed by Illinois law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Chicago,
Definitions PARTICIPANT (DEFINITION): one person who takes part in at least one paying activity per year. If an individual takes part in manyactivities offered by the organization, he/she only counts as one"participant".
"Social Sports Club Technology" means all of Social Sports Club's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Social Sports Club in providing the Service
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtainadditional information, please send an e-mail to info@socialandsportsclub.com Social Sports Club
303 S Broadway
Suite 200-139
Denver, CO 80209 |