1. Acceptance of Terms
Welcome to the Internet site of Sports Data Hub, Inc. (“SDH”) SDH provides its service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. In addition, when using particular SDH owned or operated services, you and SDH shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
2. Description of Service
SDH provides users with sports data and analysis tools, which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for SDH to provide the Service. You also understand and agree that the Service may include certain communications from SDH, such as service announcements and administrative messages and that these communications are considered part of SDH membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that SDH assumes no responsibility for the timeliness, accuracy, presentation, errors, omissions, or the state of the data and/or analysis results provided. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Our Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) 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 SDH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SDH has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. Member Account, Password, and Security
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: a. immediately notify SDH of any unauthorized use of your password or account or any other breach of security b. ensure that you exit from your account at the end of each session. SDH cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Member Conduct
Member Conduct is subject to our Code of Conduct. For more information, see our full Code of Conduct.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
8. Content Submitted or Made Available For Inclusion on the Service
SDH does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant SDH the following worldwide, royalty-free and non-exclusive license(s), as applicable: a. With respect to photos or graphics you submit or make available for inclusion on publicly accessible areas of the Service , the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or SDH removes such Content from the Service. b. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service , the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
9. Contributions to SDH
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to SDH through its suggestion or feedback webpages, you acknowledge and agree that: a. your Contributions do not contain confidential or proprietary information; b. SDH is not under any obligation of confidentiality, express or implied, with respect to the Contributions; c. SDH shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; d. SDH may have something similar to the Contributions already under consideration or in development; e. your Contributions automatically become the property of SDH without any obligation of SDH to you; f. you are not entitled to any compensation or reimbursement of any kind from SDH under any circumstances.
You agree to indemnify and hold SDH and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your SDH ID), use of the Service, or access to the Service.
12. General Practices Regarding use and Storage
You acknowledge that SDH may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SDH has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that SDH reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SDH reserves the right to modify these general practices and limits from time to time.
13. Modifications to Service
SDH 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 SDH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that SDH may, under certain circumstances and without prior notice, immediately terminate your SDH account and access to the Service. Cause for such termination shall include, but not be limited to: a. breaches or violations of the TOS or other incorporated agreements or guidelines, b. requests by law enforcement or other government agencies, c. a request by you (self-initiated account deletions), d. discontinuance or material modification to the Service (or any part thereof), e. unexpected technical or security issues or problems, f. extended periods of inactivity, g. engagement by you in fraudulent or illegal activities, and/or h. nonpayment of any fees owed by you in connection with the Services. Termination of your SDH account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in SDH’s sole discretion and that SDH shall not be liable to you or any third party for any termination of your account or access to the Service.
15. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SDH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SDH has no control over such sites and resources, you acknowledge and agree that SDH is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SDH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17. SDH’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by SDH or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. SDH grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SDH for use in accessing the Service.
18. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SDH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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. b. SDH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SDH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SDH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 SDH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
21. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement
SDH may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
23. Trademark Information
SPORTS DATA HUB and the SPORTS DATA HUB logo are trademarks of Sports Data Hub, Inc. (the “SDH Marks”). Without SDH’s prior permission, you agree not to display or use in any manner the SDH Marks.
24. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
SDH respects the intellectual property of others, and we ask our users to do the same. SDH may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SDH’s Copyright Agent the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b. a description of the copyrighted work or other intellectual property that you claim has been infringed; c. a description of where the material that you claim is infringing is located on the site; d. your address, telephone number, and email address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
SDH’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent c/o Sports Data Hub, Inc. 2340 S. Franklin St. Denver, CO 80210
By Fax: 303-648-4036
By Email: email@example.com
25. General Information
Entire Agreement. The TOS constitutes the entire agreement between you and SDH and governs your use of the Service, superseding any prior agreements between you and SDH with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SDH services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and SDH shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and SDH agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of Denver, Colorado. Waiver and Severability of Terms. The failure of SDH to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your SDH account is non-transferable and any rights to your SDH ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.