Terms of Service
1. ACCEPTANCE OF TERMSTerms of Service 1. ACCEPTANCE OF TERMS KlickSports, Inc. ("KlickSports") welcomes you. KlickSports provides its service to you subject to the following Terms of Service ("Terms of Service"), which may be updated by us from time to time without notice to you. You can review the most current version of these Terms of Service at any time at: http://www.KlickSports.com. In addition, when using particular KlickSports owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. KlickSports reserves the right to offer other services that are governed by different or additional Terms of Service.
2. SERVICE DESCRIPTIONKlickSports provides members with access to a rich collection of entertainment resources, including games, various communications tools, location based services, sweepstakes, loyalty programming, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or devices now known or hereafter developed (the "Service") as well as access to www.KlickSports.com (the ÒSiteÓ). You also understand and agree that KlickSports may provide certain communications, such as service announcements, notifications, administrative messages and the KlickSports newsletter, and that these communications are considered part of KlickSports membership and you will not be able to opt out of receiving them, but that you will have multiple options for how and when to receive them. Unless explicitly stated otherwise, any new features that augment or enhance the current Site or the Service, including the release of new KlickSports properties and services, shall be subject to these Terms of Service.
3. COMPANY OVERVIEWKlickSports is an online and mobile destination for sports fans that gives them the tools to engage with their favorites sports, teams, and players at a whole new level. By integrating a rich online experience with the convenience and ubiquity of the cell phone, KlickSports allows users to be continuously connected to the world of sports. ItÕs about more than facts and figures and technological platforms; weÕre enabling fans to experience a new dimension in fandom.
4. PRICINGKlickSports is a standard message rates apply game. Your carrier's standard messaging fees may apply. This means that klicksports does not charge you any fees for sending and receiving messages to you, but your cell phone provider might charge you fees for text messaging. Usually if you have an unlimited messaging plan all your messaging is covered. If you don't have an unlimited messaging plan, then please check to see your per message fees since our games might involve more than 8 messages per game.
5. SERVICE/HELP INFOYou can check the following pages on how to reach us, help and frequently asked questions: Contact Us, Help, FAQ.
6. OPT IN INFOTo opt-in from your Phone, just send Games (or a special promotion or game short code provided) to 31207. Standard text messages rates apply. You'll receive a quick message to confirm and then you are in. To register on the site, provide your email address, first and last name, zip code, gender, and birthday.
7. OPT-OUT INFOTo opt-out from your phone, simply text the word STOP at any time to un-register. To delete your account online, please send email to support@KlickSports.com
8. FREQUENCY OF PROGRAM SERVICEYou will get alerts during the football season every day before a game. We cover around five games a week so you should get five alerts a week.
9. CARRIERS SUPPORTED ON THE PROGRAMKlickSports is currently supported as a standard Text Messaging Service (also known as SMS) with the following US cell phone providers: AT&T/Cingular, Alltel, Cingular, Spring/Nextel, T-Mobile, and Verizon Wireless.
10. YOUR REGISTRATION OBLIGATIONSIn consideration of your use of the Site and/or 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. The Site and the Service are available for users aged 14 years or older. If you are 14 or older but under the age of 18, then you agree to review these Terms of Service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this agreement. In addition, you agree to have your parent or guardian review and accept this agreement on your behalf through the KlickSports registration process. If you are a parent or guardian entering this agreement for the benefit of a child over 14, then you agree to and accept full responsibility for that child's use of the Site and the Service, including any legal liability that they may incur. You also agree to: (a) provide true, accurate, current and complete information as prompted by the KlickSports 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 KlickSports has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KlickSports has the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Service (or any portion thereof). Please remember that the Site and the Service are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Site or the Service areas and/or User-Generated Content (as defined in Section 6 below) are appropriate for your child.
11. KLICKSPORTS PRIVACY POLICYSee KlickSportsÕs Privacy Policy at www.KlickSports.com/privacy.html for information and notices concerning KlickSportsÕs collection and use of your personal information.
12. MEMBER ACCOUNT, PASSWORD AND SECURITYYou will receive a password and account designation upon completing the KlickSports 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 KlickSports of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. KlickSports cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5 and (c) never share your KlickSports account password with any other person for any reason.
13. MEMBER CONDUCTAs used in this Agreement, ÒUser-Generated ContentÓ means all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials either publicly posted or privately transmitted by members. You understand that all User Generated Content is the sole responsibility of the person from whom such User-Generated Content originated. This means that you, and not KlickSports, are entirely responsible for all User-Generated Content that you upload, post, email, transmit or otherwise make available via the Site and the Service. KlickSports does not control the User-Generated Content posted via the Site and the Service and, as such, does not guarantee the accuracy, integrity or quality of such User-Generated Content. You understand that by using the Site and the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will KlickSports be liable in any way for any User-Generated Content, including, but not limited to, any errors or omissions in any User-Generated Content, or any loss or damage of any kind incurred as a result of the use of any User-Generated Content posted, emailed, transmitted or otherwise made available via the Site and the Service. While you own all of your own User-Generated Content, except where stated otherwise in these Terms of Service or elsewhere on the Site, you hereby grant KlickSports and its licensors a non-exclusive, worldwide, royalty-free, sub licensable, perpetual and irrevocable right and license to use and exploit your User-Generated Content. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant these licenses to KlickSports and other KlickSports members
14. RESTRICTIONSYou agree to not use the Site or the Service to: (a). upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b). harm minors in any way; (c). impersonate any person or entity, including, but not limited to, a KlickSports official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d). forge headers or otherwise manipulate identifiers in order to disguise the origin of any KlickSports content or User-Generated Content transmitted through the Site or the Service; (e). upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f). upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (g). upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; (h). upload, post, email, transmit or otherwise make available 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; (i). disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site or the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (j). interfere with or disrupt the Site or the Service or servers or networks connected to the Site or the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Service; (k). intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (l). provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; (m). use any robot, spider, scraper or other automated means to access the KlickSports Service or Site for any purpose without our written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the KlickSports Service or Site.; (n). frame or utilize framing techniques to enclose any trademark, logo, or other materials from the KlickSports Service without our written consent. (o). "stalk" or otherwise harass another; and/or (p). collect or store personal data about other members in connection with the prohibited conduct and activities set forth in paragraphs a through o above. (q). use the Service in connection with: (i) hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead directly to death, personal injury, or severe physical or property damage; or (ii) any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications.
15. MEMBER ACKNOWLEDGMENTSYou acknowledge and agree that KlickSports assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings and that You are responsible for obtaining access to the Site and 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 Site and the Service. You acknowledge and agree that the KlickSports is not a navigational aid, and you agree and warrant that the KlickSports will not be relied upon in connection with navigation. KlickSports and its designees shall have the right, but not the obligation, in their sole discretion to pre-screen, refuse, or remove any User-Generated Content that is available via the Site or the Service. Without limiting the foregoing, KlickSports and its designees shall have the right to remove any User-Generated Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User-Generated Content, including any reliance on the accuracy, completeness, or usefulness of such User-Generated Content. In this regard, you acknowledge that you may not rely on any content created by KlickSports or submitted to KlickSports, including but not limited to User-Generated Content. You acknowledge, consent and agree that KlickSports may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any User-Generated Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of KlickSports, its users and the public. You understand that the technical processing and transmission of the Service and/or the Site, including your User-Generated Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Site, the Service and Software (as defined below) embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by KlickSports and/or content providers who provide content to the Site or the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Site or the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site or the Service, in whole or in part, is strictly prohibited. You agree not to access the Site or the Service by any means other than through the interface that is provided by KlickSports for use in accessing the Site or the Service.
16. INTERSTATE NATURE OF COMMUNICATIONS ON KLICKSPORTS NETWORKWhen you register with KlickSports, you acknowledge that in using KlickSports Services to send electronic communications (including but not limited to email, search queries, sending messages to KlickSports or other KlickSports groups, uploading photos and files augment profiles, setting a location or activity, and other Internet activities), you will be causing communications to be sent through KlickSports's computer networks, portions of which are located in California and other locations in the United States. As a result, and also as a result of KlickSports's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Service, you acknowledge that use of the Service results in interstate data transmissions. KlickSports, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your KlickSports accounts located on KlickSports servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other members may choose to use it to save conversations with you in their account on KlickSports too. Your agreement to these Terms of Service constitute your consent to allow KlickSports to store these communications on its servers. From time to time KlickSports will send you notices through the KlickSports Service to let you know about important changes to the KlickSports or related Services. Such messages may not be received if you violate these Terms of Service by accessing the Site or the Service in an unauthorized manner. Your agreement to these Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Site or the Service in an authorized manner.
17. SPECIAL ADMNITIONS FOR INTERNATIONAL USERecognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User-Generated Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
18. FEEDBACKBy submitting ideas, suggestions, documents, and/or proposals ("Feedback") to KlickSports through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; and (b) all Feedback will be the sole and exclusive property of KlickSports and you hereby assign and agree to assign all rights, title and interest you have in such Feedback to KlickSports together with all intellectual property rights therein.
19. INDEMNITYYou agree to indemnify and hold KlickSports 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 any User-Generated Content you submit, post, transmit or otherwise make available through the Site or the Service, your use of the Site or the Service, your connection to the Site or the Service, your violation of these Terms of Service, or your violation of any rights of another.
20. NO RESALE OF SERVICEYou agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site or the Service (including your KlickSports ID), use of the Site or the Service, or access to the Site or the Service.
21. GENERAL PRACTICES REGARDING USE AND STORAGEYou acknowledge that KlickSports may establish general practices and limits concerning use of the Site or the Service, including without limitation the maximum number of days that email messages, SMS messages, message or chat board postings or other uploaded User-Generated Content will be retained by the Site or the Service, the maximum number of email messages that may be sent from or received by an Member Account on the Site or the Service, the maximum size of any email message that may be sent from or received by an account on the Site or the Service, the maximum disk space that will be allotted on KlickSports's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site or the Service in a given period of time. You agree that KlickSports has no responsibility or liability for the deletion or failure to store any messages and other communications or other User-Generated Content maintained or transmitted by the Site or the Service. You further acknowledge that KlickSports reserves the right to modify these general practices and limits from time to time.
22. MODIFICATIONS TO SERVICEKlickSports reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice. You agree that KlickSports shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service.
23. TERMINATIONYou agree that KlickSports may, under certain circumstances and without prior notice, immediately terminate your KlickSports account, any associated email address, and access to the Site or the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service 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 Site or 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 Site or the Service. Termination of your KlickSports account includes (a) removal of access to all offerings within the Site or the Service, including but not limited to KlickSports Promotions, KlickSports Messaging, KlickSports Prediction Games, and KlickSports Alerts, (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 Site or the Service. Further, you agree that all terminations for cause shall be made in KlickSports's sole discretion and that KlickSports shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site or the Service.
24. DEALINGS WITH THIRD PARTIESYour correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site or 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 KlickSports 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 Site or the Service.
25. LINKSThe Site or the Service or third parties may provide links to other World Wide Web sites or resources. Because KlickSports has no control over such sites and resources, you acknowledge and agree that KlickSports 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 KlickSports 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.
26. PROPRIETARY RIGHTSYou acknowledge and agree that the Site and the Service and any necessary software used in connection with the Site or 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 Site, the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by KlickSports or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Service or the Software, in whole or in part.
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