SPORTSNETICS Terms and Conditions of Use. Last updated: July 10th, 2012.

1. Acceptance of Terms

PLEASE READ THESE TERMS OF USE BEFORE USING THE SERVICES OFFERED BY SPORTSNETICS, INC. ("SPORTSNETICS"), A CORPORATION FROM THE PROVINCE OF QUEBEC, CANADA. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.SPORTSNETICS.COM (THE "SITE") AND THE EMBEDED LINKS, SERVICES, CONTENT, FEATURES OFFERED BY SPORTSNETICS INC. (COLLECTIVELY WITH THE SITE, THE "SERVICE"). SPORTSNETICS IS OPERATED IN CANADA IN THE PROVINCE OF QUEBEC. SPORTSNETICS DOES NOT REPRESENT THAT THAT CONTENT OR MATERIAL PRESENTED ON THE SERVICE ARE APPROPRIATE OR AVAILABLE TO USE IN OTHER LOCATIONS OR JURIDICTIONS. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. THE MATERIALS CONTAINED IN THIS SERVICE ARE PROTECTED BY APPLICABLE COPYRIGHT AND TRADE MARK LAW. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICE.

2. Warranty disclaimer.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPORTSNETICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). SPORTSNETICS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT IF YOU ARE A PAYING CUSTOMER YOU WILL NOT BE ENTITLED TO ANY PARTIAL OR FULL REFUND IF THE SITE IS UNAVAILABLE OR IF THE SERVICE IS DISCONTINUED. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, STATISTICS, SPORTS DATA, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU, SPORTSNETICS OR OTHERS ON THE SERVICE IS NOT GUARANTEED AND THAT SPORTSNETICS SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE SERVICE OR ITS UNAVAILABILITY. SPORTSNETICS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPORTSNETICS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SPORTSNETICS, AND ITS DIRECTORS, EMPLOYEES, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK.

3. Modification of terms of use.

Sportsnetics reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, statistics, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. Sportsnetics may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

4. Links

Sportsnetics provision of a link to any other Web site or Internet resource is for your convenience only and does not signify SPORTSNETICS endorsement of such other Web site or resource or its contents. YOU AGREE THAT SPORTSNETICS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.

5. Registration

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Sportsnetics and represent, warrant and covenant that you provide Sportsnetics with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Sportsnetics account.

You shall not:
provide any false personal information to Sportsnetics (including a false User Name) or create any account for anyone other than yourself without such person's permission;
- use a User Name that is the name of another person with the intent to impersonate that person;
- use a User Name or Sportsnetics account that is subject to any rights of a person other than you without appropriate authorization; or
- use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Sportsnetics reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Sportsnetics password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Sportsnetics in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

6. Eligiblity

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. Sportsnetics may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Service in any way.

7. Links

Sportsnetics has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Sportsnetics of the service. Use of any such linked web site is at the user's own risk.

8. User conduct

In consideration of the availability, and your use, of the Service, you agree to comply with all applicable laws and regulations and these Terms and Conditions when using the Service. You acknowledge that Sportsnetics may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

- post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others including, without limitation, rights relating to privacy and publicity;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
- post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
- to create or submit unwanted email, comment or any other content ("Spam") to any users of the Service or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- use any robot, spider, scraper or other automated means to access the Service for any purpose without Sportsnetics express written permission.
- artificially inflate or altering the 'user rankings', or participating in any other organized effort that in any way artificially alters the results of the Service.
- each individual can only have one account

9. Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Sportsnetics cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any user information, statistics, pictures, photographs, graphics, comments, information, data, text, scripts, and interactive features generated, provided, or otherwise made accessible by Sportsnetics on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by users is collectively referred to as, "User Submissions."

The Service contains Content specifically provided by Sportsnetics or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Subject to these Terms of Use, Sportsnetics grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use. Use of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Sportsnetics, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right. Sportsnetics reserves the right to modify any features at any moment even if it affects the behavior of content posted on external sites.

10. User Submissions.

By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant Sportsnetics a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Sportsnetics (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions. For clarity, the foregoing license grant to Sportsnetics does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Sportsnetics.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Sportsnetics will not be liable for any errors or omissions in any Content; and that Sportsnetics cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

11. Indemnity.

You agree to indemnify, defend, and hold harmless Sportsnetics, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Sportsnetics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sportsnetics defense of such claim.

12. Termination

You acknowledge and agree that Sportsnetics, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Service, and remove and discard any information or content related to the Service (and your use thereof), for any reason, including where Sportsnetics believes that you have violated any of these Terms and Conditions. You further agree that Sportsnetics shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Sportsnetics in operating the Service, your sole and exclusive remedy is to discontinue using the Service. To terminate an account, send an email to support@sportsnetics.com with the title "Terminate Account".

Sportsnetics is always improving and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO SPORTSNETICS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO SPORTSNETICS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO SPORTSNETICS THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT SPORTSNETICS IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SPORTSNETICS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

13. Trademark

Sportsnetics, and the Sportsnetics design, as well as certain other of the names, logos, and materials displayed in the Service constitute trademarks, trade names, service marks or logos (“Marks”) of Sportsnetics or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Sportsnetics or those other entities. All other trademarks and copyrights are property of their respective owners.

14. Privacy

Please refer to the privacy policy

15. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SPORTSNETICS, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SPORTSNETICS HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE SERVICE. SPORTSNETICS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPORTSNETICS FOR THE SERVICES.

THE LIMITATIONS OF LIABILITIES APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPORTSNETICS OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SPORTSNETICS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SPORTSNETICS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ONE HUNDRED DOLLARS ($100.00) IN CANADIAN CURRENCY.

You expressly acknowledge that Sportsnetics has entered into this agreement, and has and will make a the Service available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Sportsnetics. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

16. Fees

Sportsnetics reserves the right at any time to charge fees for access to new features or content of the Service or to portions of the existing content or features or to the Service as a whole. In no event will you be charged for access to any Sportsnetics content or service, or to the Service as a whole, unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.

17. Copyright Policy

Sportsnetics has a policy of removing User Submissions that violate copyright law, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Service in violation of copyright law.
If you believe your copyright is being infringed by a user of the Service, please provide written notice to the following email: copyright@sportsnetics.com

18. Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

This Agreement is accepted upon your use of the Service. Your agreement with Sportsnetics will always include this Agreement at a minimum. Your access and use of certain Services may require you to accept additional terms and conditions applicable to such certain Services, in addition to this Agreement. The failure of Sportsnetics to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

To contact us regarding any questions about this Agreement, please use the "Contact" link.

Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.