The Sport.com Service shall create an overall fitness profile for each Account Owner (as defined below) using information collected from the Website, the Account Owner, and various third party websites and applications.
You may purchase fitness application products, which access and automatically update Your overall fitness profile on Your Account, through the Sport.com Online Shop located at www.sport.com/shop
Account Owner; Access; Identity Protection
A user who opens a Sport.com account (“Account”) is considered the Account Owner. The Account Owner has total access and complete control over his/her Sport.com Account. The Account Owner’s control is exercised through use of the Account Owner’s password, which should not be revealed for any reason whatsoever to any other individual or third party company.
In order to provide You with ease of access to Your Account at Sport.com Snapside implements technology that enables Us to recognize You as the Account Owner and provide You with direct access to Your Account without requiring You to retype any password or other user identification when You revisit the Website. You are responsible for updating and maintaining the truth and accuracy of the information You provide to Us relating to your Account.
If You disclose Your password to any individual or third party company, or share Your Account and/or devices with any other individual or third party company, You will be solely responsible for their actions, and will be liable for any costs and/or damages that result thereof. Where possible, users of public or shared devices should log out at the completion of each visit to the Website.
If You find that You are a victim of identity theft and it involves a Sport.com Account, You should notify Us immediately at Support@Sport.com.
Account Owner Limitations
The Account Owner hereby agrees that he/she will not:
2. make improper use of Snapside’s support services, including by submitting false abuse reports or using profane, libellous or abusive language in your communications with our support personnel;
3. modify or cause to be modified any files that are a part of the Service;
4. make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or impersonate any other person, including without limitation a Snapside employee, consultant or agent, or any of Snapside’s affiliates’ employees, consultants or agents;
5. use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service;
6. use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do any act that creates a violation of any applicable law or regulation;
7. institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
8. post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive;
9. post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
10. attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person;
11. bypass any robot exclusion headers or other measures We employ to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
12. use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service;
13. transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
15. intercept, examine or otherwise observe any proprietary communications protocol used by another user, client, server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
16. make any automated use of the system, or take any action that imposes or may impose (in Our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
17. use the Service or any part thereof for any commercial purpose, including but not limited to (a) communicating or facilitating any commercial advertisement or solicitation, or (b) gathering or transferring virtual items for sale;
18. use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (b) any connection using programs, tools, or software not expressly approved by Snapside;
19. except where permitted by law or relevant open source license(s), reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Snapside;
20. upload or transmit or attempt to upload or transmit, without Snapside’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
21. solicit, or attempt to solicit, personal information from other users of the Service;
22. collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;
Disclaimers of Warranties and Limitations on Liability
THE SPORT.COM SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SPORT.COM SERVICE, AND PRODUCTS PURCHASED THROUGH THE SPORT.COM ONLINE SHOP (EXCLUDING MANUFACTURER’S WARRANTY), ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WE, AND OUR LICENSORS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SPORT.COM SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, AND PRODUCTS PURCHASED THROUGH THE SPORT.COM ONLINE SHOP. SNAPSIDE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SPORT.COM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SNAPSIDE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SPORT.COM SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. SNAPSIDE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF VARIOUS APPLICATIONS AND SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT ALLOWABLE BY LAW, WE, AND OUR LICENSORS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL SNAPSIDE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, OR ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SPORT.COM SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SPORT.COM SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH, AND PRODUCTS PURCHASED THROUGH THE ONLINE SHOP.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY OR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OF SPORT.COM’S SERVICES EXCEED THE AGGREGATED AMOUNT COLLECTED BY US FROM YOU IN THE TWELVE (12) MONTHS PRECEDING THE ALLEGED EVENT.
Without limiting the foregoing, We and Our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Sport.com Service or on the Website or user interfaces or the Sport.com Online Shop; (ii) recommendations or advice of Our Customer Service; (iii) any failure or interruption in the availability of the Sport.com Service and/or Website or user interfaces, (iv) delivery and or display of any content contained on the Website, user interfaces, or otherwise through the Sport.com Service or the Sport.com Online Shop; (vii) any direct or indirect losses or damages arising from the use of the content provided on the Website, user interfaces, or otherwise through the Sport.com Service itself, including any direct or indirect losses or damages arising from downloading of related software, or downloading and/or use of any other software.
In addition, We do not represent or warrant that the information accessible via Our Website is accurate, complete or current. We do not represent or guarantee that Your use of the Sport.com Service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and We disclaim any liability with respect thereto. No oral or written information or advice given by Us or Our authorized representatives shall create a warranty or otherwise constitute a representation binding upon Snapside, or its affiliated parties.
Physical Activity Notice
The Sport.com Service and/or Website and/or products may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Snapside is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Service and/or the Website and/or the products sold through the Online Shop.
Intellectual Property Rights
The Sport.com Service, including all content included on Our Website and user interfaces, or delivered to members as part of the Service, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Snapside, or its licensors, and are protected by copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Snapside on Our Website and user interfaces, or in connection with the Sport.com Service are the exclusive property of Snapside and its licensors and are protected by the copyright and trade secret laws in the territories in which the Sport.com Service operates and by international treaty provisions. Our content shall not be reproduced or used without express written permission from Snapside, or its licensors. You agree to adhere to the restrictions set forth under the Account Owners Limitations section. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Sport.com Service, not to insert any code or product or manipulate the content of the Sport.com Service in any way, and not to use any data mining, data gathering or extraction methods. Snapside reserves the right to terminate Your usage of the Sport.com Service and respective software if Snapside, in its sole and absolute discretion, believes that You are in violation of Snapside software restrictions, The use of the Sport.com Service, made available to You by Us, is solely for Your personal and non-commercial use.
Sport.com is a trademark of Snapside. The Sport.com logo, and Sport.com profiles are trademarks or service marks of Snapside. The Sport.com Website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Snapside. The trademarks, service marks and trade dress of Sport.com may not be used or reproduced without prior written approval from Snapside; or in connection with any product or service that is not affiliated with Snapside; or in any manner that is likely to cause confusion among customers; or that dilutes the rights of Snapside; or in any manner that disparages or discredits Snapside. Other trademarks that appear on the Sport.com Website, user interfaces, and products sold through the Online Shop, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Snapside. Any images of persons or personalities contained on the Sport.com Website and user interfaces are not an indication or endorsement of Snapside or any particular product or Our Service unless otherwise indicated.
Use of Information Submitted
Snapside is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication You may send to Us (“Feedback”), including responses to questionnaires or through postings to the Sport.com Service, including the Sport.com Website and user interfaces, and Online Shop, without further compensation, acknowledgement or payment to You for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Sport.com Service. Furthermore, by posting any Feedback on Our Website, submitting Feedback to Us, or in responding to questionnaires, You grant Us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note that Snapside does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Snapside. Should You send any unsolicited materials or ideas, You do so with the understanding that no additional consideration of any sort will be provided to You, and You waive any claim against Snapside, and/or its affiliates, regarding the use of such materials and ideas, even if the material or idea is used that is substantially similar to the idea You sent to Us.
Eligibility and Limitations on Use of the Service and Website
By accessing the Sport.com Service, including the Sport.com Website and user interfaces, You agree to use the Sport.com Service, including all features and functionalities associated therewith, the Website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the Service or content therein. In addition, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Sport.com Service. You also agree not to impersonate any other person while using the Sport.com Service, nor conduct Yourself in a vulgar, libellous or offensive manner while using the Sport.com Service, or use the Sport.com Service for any unlawful purpose. Further, you agree not to use the Sport.com Service and/or Website in a way that harms or impairs any other person’s use of the Service and/or Website; or use Sport.com to gain unauthorized access to any service, data, account or other networks; or use Sport.com to falsify any protocol or email header information (e.g., “spoofing”); or use Sport.com to send spam (i.e., unsolicited bulk email or commercial messages); or items of a destructive or deceptive nature; or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into the Website.
Links and Pages
Features and Functionality
You may post user review content available through the Sport.com Service. We do not regularly review the content posted on the Website; however, We reserve the right, at Our sole discretion, to reject, remove or edit such content at any time, without any notice or warning whatsoever. The content should not contain any: harsh, profane or discriminatory language; illegal, libellous, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, misleading information regarding the origin of the content; or a discussion of Our policies, or services, or employees, or affiliated companies or person(s). You understand and agree that We may, but are not obligated to, review the content and may delete or remove it (without notice) in Our sole and absolute discretion, for any, or no, reason whatsoever.
Applicable Law and Jurisdiction