SPORTS WONKS

Terms and Conditions

This Website is operated by Sports Wonks, Inc. (hereinafter “Sports Wonks”). These terms and conditions (“Terms”) govern your access to the Sports Wonks website www.sportswonks.com (the “Website”)

Your access to and use of the Website is expressly conditioned on your compliance with these Terms. Certain features, services or tools of the Website may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms.

The term “you” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Website. The Website are offered to you conditioned on your acceptance without modification of Terms contained herein. Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING, USING AND/OR CREATING AN ACCOUNT ON THE WEBSITE, CONSUMMATING A FINANCIAL TRANSACTION VIA THE WEBSITE OR COMMUNICATING WITH USERS THROUGH THE WEBSITE, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE.

PRIVACY

Your use of the Website is subject to the Sports Wonks Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.

USE OF OUR WEBSITE

Sports Wonks is an all-in-one sports website and social platform in which users can engage with other sports fans. Users can read the latest news about their favorite sports teams and players, watch videos and purchase tickets for upcoming sporting events. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not, and neither will any of our partners, be liable if for any reason our Website is unavailable at any time or for any period.

We may make some parts of our Website available only to users who have registered an account with us. You may be required to register an account with us and submit certain personal data to access certain parts of our Website.

You must be 13 years or over in order to use Sports Wonks and its Website. If you are over the age 13 but under the age of 18 then you should have a parent or guardian review and approve these Terms and Conditions on your behalf prior to you using the Website. Sports Wonks does not knowingly collect, either online or offline, personal information from persons under the age of 13.

As a condition of Sports Wonks providing the Website and services available on it to you, you confirm that you will use the Website and the services available for your personal, non-commercial use only.

YOUR ACCOUNT

In order to access, use or receive certain services, you may need to register and create an account and become a registered user. In creating an account, 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. When creating an account, you will be required to provide certain personal information about yourself and establish a username and a password. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.

PASSWORD AND SECURITY

If you use the Website, you are responsible for maintaining the confidentiality of your account and password for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the Website if in our opinion, you have failed to comply with any of the provisions of these Terms.

LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY WEBSITES

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of Sports Wonks and we are not responsible for the contents of any Linked Websites, including without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sports Wonks of the Website or any association with its operators.

Certain services made available through the Website are delivered by third party Websites and organizations. By using any product, service or functionality originating from the www.sportswonks.com domain, you hereby acknowledge and consent that Sports Wonks may share such information and data with any third party with whom Sports Wonks has a contractual relationship to provide the requested product, service or functionality on behalf of Sports Wonks and customers.

PROHIBITED USES

Use of the Website is limited to the permitted uses expressly authorized by Sports Wonks. The Website shall not be used in any way that:

(1) Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);

(2) is unlawful, fraudulent, or deceptive;

(3) uses technology or other means to access unauthorized content or non-public spaces;

(4) uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;

(5) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(6) attempts to damage, disable, overburden, or impair our servers or networks;

(7) attempts to gain unauthorized access to a Sports Wonks computer network;

(8) attempts to gain unauthorized access to Sports Wonks’ user accounts;

(9) uses false or inaccurate Sports Wonks’ user accounts;

(10) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

(11) violates these Terms in any manner; or

(12) fails to comply with applicable third-party terms and conditions or other third-party policies.

USER CONTRIBUTIONS

You may generate content, written or otherwise, while using the Website (“UserContributions”). You acknowledge and agree that your User Contributions may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by Sports Wonks (for example, in product marketing campaigns). You thereby grant Sports Wonks and its successors a worldwide, irrevocable, transferrable, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from your User Contributions. You further acknowledge and agree that you and you alone, are responsible for the development your User Contributions. You grant all rights described in this paragraph in consideration of your use of the Website, without compensation of any sort to you. We do not claim ownership of User Contributions.

We will not access, view, display or listen to any User Contributions, except as set forth in the Terms and as reasonably necessary to operate the Website, including to monitor your conduct and misuse. Actions reasonably necessary to operate the Website may include (but are not limited to) (a) advertising, marketing or otherwise promoting the Website; (b) responding to support requests and facilitating communication among Users; (c) detecting, preventing, or otherwise addressing fraud, security, unlawful, or technical issues; and (d) enforcing these Terms. We reserve the right to review, remove, block, or modify any content on the Website, including User Contributions, without notice or further obligation to you.

In addition to any disclaimers otherwise set forth herein, Sports Wonks does not prescreen, control or endorse the content or data contributed by you and we make no claims or representations regarding any content we do not create. We take no responsibility related to User Contributions or third party content or any actions resulting from your use of any part of the Website. If any damage or loss results from your use of, reliance on, or any other connection between you and any content or data that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly.

We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that we have no obligation to monitor your access to or use of the Website but we have the right to do so for the purpose of operating the Website to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

USE OF COMMUNICATION SERVICES

The Website may contain a bulletin board, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with other Users (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

(1) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(2) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

(3) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

(4) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

(5) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

(6) conduct or forward surveys, contests, pyramid schemes or chain letters;

(7) download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;

(8) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded,

(9) restrict or inhibit any other user from using and enjoying the Communication Services;

(10) violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;

(11) harvest or otherwise collect information about others, including e-mail addresses, without their consent;

(12) violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

INTERACTIONS WITH OTHER USERS

We cannot and do not verify the identity of Users or members of the Website or the accuracy of any information that Users provide. You are solely responsible for determining the identity and suitability of the other users or members with whom you interact when using the Website. We do not investigate or verify any user’s or member’s reputation, conduct, morality, criminal background, or any information members may submit to the Website. You are solely responsible for your interactions with other users and members of the Website. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Website and that you give to other users and members of the Website. You are discouraged from publicly posting your telephone number or street address on the Website. Information posted to the Website by other users and members of the Website may be offensive, harmful or inaccurate, and in some cases, may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users and members with whom you come in contact through the Website.

INTELLECTUAL PROPERTY RIGHTS

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms. As a condition of your use of the Website, you warrant to Sports Wonks that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Sports Wonks or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Sports Wonks content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sports Wonks and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sports Wonks or our licensors except as expressly authorized by these Terms.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to descriptions, scores, promotions, offers, etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Website, except as required by law. No specified update or refresh date applied in the Website, should be taken to indicate that all information in the Website has been modified or updated.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

ELECTRONIC COMMUNICATIONS

Using the Website or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

TERMINATION OR MODIFICATION OF SERVICE

We reserve the right to refuse registration, to suspend, block, prevent access to, cancel, or otherwise terminate an account and/or your right to use the Website at any time, with or without cause, in our sole discretion and without prior notice to you. We may refuse to accept or may cancel any registration, whether or not the registration has been confirmed, for any or no reason, and without liability to you or anyone else. We also reserve the right to limit or prohibit all activity, including registrations that, in our sole judgment, appear to be malicious or unlawful. In the event of termination, your obligations under these Terms will continue.

LIMITATIONS OF LIABILITY

The material displayed on our Website and any content you may access or download is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Sports Wonks, our partners and third parties connected to us hereby expressly exclude:

(1) All conditions, warranties and other terms which might otherwise be implied by statute, common law or equity.

(2) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any Website linked to it and any materials posted on it, including, but not limited to, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, or loss of data.

SPORTS WONKS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SPORTS WONKS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

INDEMINIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPORTS WONKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, ANY USER POSTINGS MADE BY YOU, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

HARM FROM COMMERCIAL USE

You agree that the consequences of commercial use or re-publication of content or information from the Website may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that Sports Wonks will be entitled to temporary and permanent injunctive relief to prohibit such use.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

CLASS ACTION WAIVER

Any arbitration or action under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

JURISDICTION AND APPLICABLE LAW

To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, United States of America, without regard to New York’s conflict of laws rules. You irrevocably consent to the exclusive jurisdiction of the state courts in the State of New York for purposes of any legal action arising out of or related to the use of the Website or these Terms. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Sports Wonks with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sports Wonks.

CHANGES TO TERMS

We reserve the right, in our sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Website after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.

RELATIONSHIP BETWEEN THE PARTIES

Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other.

MISCELLANEOUS

The waiver or failure of Sports Wonks to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

INTERNATIONAL USERS

Our Website is controlled, operated and administered by Sports Wonks from our offices within the United States. Without limiting anything else, we make no representation that our Website, User Content, services, products, information or other materials available on, in, or through our Website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Website from other locations do so on their own volition and are responsible for compliance with applicable laws.

CONTACT US

Sports Wonks welcomes your questions or comments regarding the Terms:

Sports Wonks, Inc.
1412 Broadway, 21st Floor, 2118
New York, NY, 10018

By Email: [email protected]

By Phone: 201-877-2996

 

Effective as of May 25, 2017.