Terms of Use
Please read these terms of use (TOU) before using SportsPundit.com. Ellmount Interactive AB ("Company") provides this web site and all related services (the "Site") subject to compliance with these TOU. It is important that you read carefully and understand these TOU.
By using SportsPundit.com, you agree to be bound by these TOU. If you do not agree to these TOU, please do not use the Site.
We reserve the right at any time to:
- Change the TOU
- Change the site (including eliminating content or discontinuing features)
- Change fees or charges for use of the site
1. Acceptance of Terms
Your use of the SportsPundit.com is subject to these TOU, which may be updated from time to time without notice.
2. Description of Web Site Services
SportsPundit.com currently provides users with access to a collection of online sports resources, including content, forums, statistics, images, search, and rating functionality (collectively, "Content"). New features that improve or expand SportsPundit.com are subject to these TOU. We may change, add, or remove any aspect of SportsPundit.com at any time without notice. Certain features and services on SportsPundit.com may be restricted without notice or liability.
3. Related Materials
Any data, text, graphics, images, audio, video, logos, icons, software, and links (collectively, "Materials") are intended to inform you about the Content, Company or the Site. You must not download, copy or use any of the Materials except as expressly authorized or without prior written notice by the Company.
4. Intellectual Property Ownership
All aspects listed below are protected by applicable copyrights and proprietary (including without limitation) rights and are the property of SportsPundit.com or its parent.
- All Content (past, present, and future); including but not limited to, structure, graphics, text, images, audio, videos, design, compilation, copy, trademarks, logotypes, domain names, trade names, service marks, and trade identities.
- All copyright material; including source code and object code.
- And, all other Materials related to SportsPundit.com, including but not limited to, the look and feel and functionality of SportsPundit.com.
No rights are granted to you.
Any copying, archiving, storing, reproducing, rearranging, selling, leasing, renting, distributing, redistributing, modifying, downloading, exchanging, creating, uploading, posting, transmitting, or publishing by you of the content is strictly prohibited.
Subject to your strict compliance with these TOU, SportsPundit.com grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download - view, use and/or play a single copy of the Content (excluding source and object code), provided that you:
- Retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content.
- Do not allow or aid any third party to copy or adapt the object code of the Site’s software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Company creates to generate its web pages; or any software or other products or processes accessible through the Site; and
- Do not insert any code or product to manipulate the Content in any way that affects any user's experience.
SportsPundit.com may display trademarks of sports clubs and athletes. We may not be endorsed by, or in any other business relationship with, any of those clubs or athletes. All such trademarks are the property of each respective trademark owner.
5. Links To Other Web Sites
SportsPundit.com contains hyperlinks to other web sites, including affiliate sites, which the Company is not responsible for. As such, the Company does not warrant the legality, accuracy, or authenticity of content presented by other sites. The hyperlinks do not constitute an endorsement by SportsPundit.com, the links are simply provided as a convenience to you.
6. Registration
Certain sections of the Site require you to become a registered user. Upon registering you agree to (a) provide accurate, current and complete information about yourself (including your e-mail address) according to our registration form and (b) maintain and update your information (including your e-mail address) to keep it current, accurate, and complete. We reserve the right to terminate this Agreement and your use of the Site if information provided by you is not current, inaccurate, or incomplete.
In the registration process, you will be asked to choose a username and password. We may refuse to grant you a username that (a) impersonates someone else, (b) is or may be illegal or rights protected, (c) is vulgar or offensive, or (d) may cause confusion, as decided by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell it to any third party. You are responsible for maintaining the confidentiality of your username and password. If you have reason to believe that your account is not secure, you must change your password on https://www.sportspundit.com/mypage.
7. Our Linking Policy
Any web site that links to SportsPundit.com: (a) must not frame or create a browser or border environment around any of the Content of SportsPundit.com; (b) may link to, but not replicate, the Content; (c) must not imply that Company or SportsPundit.com are endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about Company or its products or services; (e) must not use any Company trademarks without the prior written permission from Company; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any page of SportsPundit.com, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these TOU, we reserve the right to deny permission to link to SportsPundit.com for any reason in our sole and absolute discretion.
8. Code of Conduct
You will not use SportsPundit.com to:
- Restrict or inhibit other visitor, user, or member from using the Site, including, without limitation by means of "hacking" or disrupting any portion of the site; Use the Site or Content for any unlawful purpose;
- Express or imply statements you make are endorsed by us, without prior written consent;
- Transmit any unlawful, fraudulent, threatening, abusive, obscene, or otherwise objectionable content (including advertisements, chain letters, pyramid schemes, and investment opportunities);
- Engage in spamming or flooding;
- Transmit software that contain any viruses, worms, Trojans, horses, defects, date bombs, time bombs, or other harmful items;
- Remove any copyright, trademark, or other proprietary rights notices contained on the Site;
- Frame or mirror any part of the Site without prior written consent;
- Use any method (including robot, spider, site search/retrieval application, or other manual or automatic device) to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure, presentation of the Site or its Content; or
- Harvest or collect information about the Site visitors or members without their express consent.
9. Submissions and Postings
SportsPundit.com contains functionality through which you can upload or submit text, ideas, suggestionss, concepts, information, data, software, messages, photographs, audio, video, text and other materials (collectively, "Submissions") to SportsPundit.com. For example, SportsPundit.com may offer forums, bulletin boards, wiki, chat rooms or other interactive areas ("User Forums"). Company, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. Company reserves the right, but is not obligated, to delete, move or edit Submissions, in whole or in part, submitted by you to a User Forum for any reason in their sole discretion. Company reserves the right to suspend or terminate your access to SportsPundit.com and pursue all legal remedies if we believe your Submissions infringe another's copyright or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Submissions, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in your Submissions.
All Submissions are your sole responsibility. By sending or transmitting Submissions to the Site you grant us a worldwide exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, publicly display, sell such Submissions in any media for any purpose, without compensation to the provider. None of the Submissions will be subject to any obligation on our part and we will not be liable for any use or disclosure of any Submissions.
10. Promotions
SportsPundit.com may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.
11. Third Party Content and Information
Some of the Content on the Site is provided by third party suppliers. You should be aware that the Content might contain inaccuracies, not current information, and inadequacies and that the Content may be subject to terms and conditions, which may be found on SportsPundit.com or in the documents and policies of third parties.
Company makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
Third party advertisers may offer goods, services and other materials to you on the Site. Your correspondence and business dealings with others found on or through the Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on SportsPundit.com. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content.
Descriptions of, or references to, products, services or publications within SportsPundit.com do not imply endorsement of that product, service or publication.
12. Ownership and Restrictions on Use
The Site is owned and operated by Company in conjunction with others pursuant contractual arrangements, and the Content is and will remain a property of the Company and its licensors and suppliers. The Content and the selection, compilation, collection, arrangement and assembly thereof are protected by US and international copyright, trademark, and other laws, and by using the Site you agree that these rights are valid and enforceable.
You are not permitted to copy, reproduce, republish, upload, post, transmit, or distribute Materials, Content, or other information on the Site without prior written permission from the Company. Modification or use of the Materials for any other purpose than as set forth by these TOU is a violation of our copyright and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, design, look-and-feel of the site are the registered and unregistered trademarks of the Company, its licensors and suppliers, or others. The trademarks owned by the Company may not be used in connection with any product or service that is not the Company’s. Misuse of any trademarks is prohibited and rights will be enforced by Company.
13. Claims of Copyright Infringement
The Digital Millenium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that content appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content hosted by Company infringe your copyright you may send us a notice requesting such content be removed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Company against you, the DMCA allows you to send Company a counter-notice. Notices and counter-notices must meet the current statutory DMCA requirements (see http://www.loc.gov/copyright/ for details). False claims under DMCA may be subject to penalties.
14. Disclaimers
SPORTSPUNDIT.COM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM SPORTSPUNDIT.COM, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) SPORTSPUNDIT.COM; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH SPORTSPUNDIT.COM; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH SPORTSPUNDIT.COM; (D) THE MESSAGES AND INFORMATION SENT FROM SPORTSPUNDIT.COM BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA SPORTSPUNDIT.COM OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH SPORTSPUNDIT.COM OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT SPORTSPUNDIT.COM, ANY OF SPORTSPUNDIT.COM'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT SPORTSPUNDIT.COM OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF SPORTSPUNDIT.COM IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF SPORTSPUNDIT.COM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE SPORTSPUNDIT.COM OR THE CONTENT. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF SPORTSPUNDIT.COM INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
15. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF SPORTSPUNDIT.COM AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL COMPANY, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) SPORTSPUNDIT.COM, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF SPORTSPUNDIT.COM; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF SPORTSPUNDIT.COM OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN SPORTSPUNDIT.COM' TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF SPORTSPUNDIT.COM). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF SPORTSPUNDIT.COM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY, ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING SPORTSPUNDIT.COM, I ACKNOWLEDGE THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
17. Jurisdictional Issues
Those who access the Site do so on their own initiative and at their own risk, and are responsible for the compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit availability of the Site, or sections of the Site, to any person, geographic area, or jurisdication, at any time and in our sole discretion.
18. Termination
These TOU shall remain effective until terminated according to its terms. Either party may terminate these TOU upon notice to the other party. In addition, we reserve the right to terminate these TOU, and your access to the Site, at any time and for any reason, with or without cause. Upon termination of these TOU by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all related documentation.
19. Questions
The Site is provided by Ellmount Interactive AB, through its service provider. If you have questions, comments, or complaints regarding these TOU or the Site, feel free to contact us at support@sportspundit.com.
