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Sportitude Terms and Conditions of Use

By using the Sportitude website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"). If you wish to become a Member and communicate with other Members and make use of the Sportitude service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Join page.

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by Sportitude at any time and without prior notice, such modifications to be effective upon posting by Sportitude on the Website. This Agreement includes Sportitude's acceptable use policy for content posted on the website, Sportitude's Privacy Policy, and any notices regarding the Website.

1. Eligibility

You must be thirteen or over to register as a member of Sportitude or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Term

This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. Sportitude may terminate your membership for any reason, at any time. If Sportitude terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees should such fees be charged. Even after membership is terminated, this Agreement will remain in effect.

3. Proper Commercial Use by Members

Illegal and/or unauthorised uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights

Sportitude owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Sportitude, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Website

You understand and agree that Sportitude may review and delete any personal information, profiles, photos, videos, documents, text (collectively, "Content") that in the sole judgment of Sportitude violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Sportitude an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing.
You agree to the following commitments :

  1. You will not send or otherwise post unauthorised commercial communications (such as spam) on Sportitude.
  2. You will not collect users' content or information, or otherwise access Sportitude, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Sportitude.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hateful, threatening, or pornographic; incites violence; contains nudity or graphic or gratuitous violence; infringes someone else's copyright.
  8. You will not use Sportitude to do anything unlawful, misleading, malicious, or discriminatory.
  9. You will not do anything that could disable, overburden, or impair the proper working of Sportitude, such as a denial of service attack.
  10. You will not facilitate or encourage any violations of this Agreement.

6. Registration and Account Security

Sportitude Members provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on Sportitude, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal profile.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
  5. You will not use Sportitude if you are under 13.
  6. You will not use Sportitude if you are a convicted sex offender.
  7. You will keep your contact information accurate and up-to-date.
  8. You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account.
  9. You will not transfer your account to anyone without first getting our written permission.
  10. If you select a Profile ID for your account, Team ID for a team, Club ID for a club, Group ID for a group, or Event ID for an event, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about an ID that may infringe on their trademark or copyright).

7. Protecting Other People's Rights

Sportitude respects other people's rights, and expects you to do the same.

  1. You will not post content or take any action on Sportitude that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on Sportitude if we believe that it violates this Agreement.
  3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, contact us to appeal.
  4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  5. You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission.
  6. If you collect information from users, you will: obtain their consent, make it clear you (and not Sportitude) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  7. You will not post anyone's identification documents or sensitive financial information on Sportitude.
  8. You will not tag users or send email invitations to non-users without their consent.

8. Member Disputes

You are solely responsible for your interactions with other Sportitude Members. Sportitude reserves the right, but has no obligation, to monitor disputes between you and other Members.

9. Disclaimers

Sportitude is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilised in the Service. Sportitude is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Sportitude assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or Member communications. Sportitude is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will Sportitude be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Sportitude expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Sportitude cannot guarantee and does not promise any specific results from use of the Website and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by users of Sportitude or through or from the service shall create any warranty not expressly stated herein.

10. Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Sportitude be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if Sportitude has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Sportitude's 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 Sportitude for the Service during the term of membership.

11. Disputes

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of South Australia without regard to its conflict of law provisions. You agree to the non-exclusive jurisdiction of the courts of the State of South Australia.

12. Indemnity

You agree to indemnify and hold Sportitude, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

13. No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Sportitude and any User of the Service.

14. Other

This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Sportitude regarding the use of the Website and/or the Service. The failure of Sportitude to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The headings in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this Agreement.