Silver Chalice / SportsLabs Terms of Service
Last Updated: July 27, 2015
- Copyright; Trademarks
- User Content and Conduct
- Links; Third Party Websites
- Disclaimer; Limitation of Liability
- Subscription Services
- Service Usage; Termination of Usage
- Rules for Sweepstakes, Contests, Raffles, Surveys and Similar Productions
- Applicable Law; Jurisdiction; Dispute Resolution
- Severability; Interpretation
- Entire Agreement
- Copyright Policy
- Contact Information
This Terms of Service Agreement (“Agreement”) is an agreement between you (“you” or “user”) and Silver Chalice Ventures LLC (“Silver Chalice”) and its affiliates (including SportsLabs), web site developers, and other promotional partners (“the Company”, “we”, or “us”). This Agreement governs your access and use of the web pages, features, applications, widgets, blogs and their respective contents at www.sportslabs.com and those of its Customers; the Company’s pages or applications on Twitter, Facebook or other social networking sites and those of its Customers; and the Company’s mobile applications and those of its Customers and their respective contents, whether accessed via computer, mobile device or other technology (collectively, the “Services”). By using the Services, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use the Services.
Silver Chalice may, in its sole discretion, modify this Agreement with or without notice to you. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Services after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate through the Services and fulfill the obligations set forth in this Agreement.
2. Connectivity, Communications, Privacy
You must have an internet-enabled cell phone or device using either the iOS or Android operating system in order to access the Applications. Normal carrier charges and taxes may apply to any content you obtain from the Services. The Company is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.
You expressly agree that, as part of the Services, you will receive communications by push notification and/or email, including promotional communications from time to time. You may stop receiving promotional alerts via email by emailing your request to opt-out, along with your cell phone number to firstname.lastname@example.org or by disabling push notifications on your mobile device. You may not opt out of service-related emails.
3. Copyright; Trademarks
You acknowledge that all materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Company or the respective copyright owner. The Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services (including, without limitation, SILVER CHALICE, SPORTSLABS, the SILVER CHALICE design mark, the SPORTSLABS design mark, and any marks associated with any products available on the Service) are the sole property of the Company and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Company and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Company will enforce its intellectual property rights to the fullest extent of the law.
The Materials covered by these restrictions includes, without limitation, any audio and video materials, photographs, logos, stills, text, graphics, layouts, and interfaces. We further reserve all other rights to the Services and Content. Use of Streamed Video Content comes with additional restrictions:
- Users are permitted to access and view the Content for personal and non-commercial use in accordance with these Terms. Unless expressly authorized by Silver Chalice in writing, you may not: (a) Either directly or indirectly (through the use of any software, device, Internet site, web-based service or other means) copy, reproduce, duplicate, distribute, publish, display, broadcast, transmit, retransmit, upload, download, stream capture, archive, upload, modify, translate, or sell the Services or Content, (b) Create derivative works or materials that otherwise are derived from or based on in any way the Content, including mash-ups and similar videos, montages, desktop themes, fonts, icons, wallpaper, greeting cards, and other unlicensed merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge, (c) Incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links, (d) Either directly or indirectly through the use of any software, device, internet site, web-based service or any other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any Digital Rights Management (DRM) mechanism, device, or other content protection, (e) Access, manipulate, modify or circumvent control measures associated with the Content including geo-filtering mechanisms, (f) Create, recreate, distribute or advertise an index of any significant portion of the Content, or (g) Build a business utilizing any of the Content, whether such business is for profit or not.
- You may not modify, interfere with, enhance, remove, or otherwise alter in any way any portion of the Media Player, or any of the Media Player’s underlying technology, any Digital Rights Management (DRM) mechanism, device, or other content protection or access control measure incorporated into the Media Player. This includes, without limitation, disabling, modifying, reverse engineering, interfering with or otherwise circumventing the Media Player in any manner that enables users to view the Content without: (a) visibly displaying both the Media Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Media Player is located; and (b) having full access to all functionality of the Media Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
- When expressly authorized by Silver Chalice in writing, you may embed videos using the Media Player, provided you do not embed the Media Player on any website or other location that: (a) contains or hosts content that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in Silver Chalice’s sole discretion, to be otherwise objectionable or (b) links to infringing or unauthorized content. You may not embed the Media Player into any hardware or software application, even for non-commercial purposes. As determined by us in Silver Chalice’s sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable.
4. User Content and Conduct
Where applicable at the Services (e.g. on message boards or by leaving comments), you are invited to post your own content (“User Content”). You understand that all User Content, whether you have publicly posted on a forum, posted as part of your profile, or privately transmitted to another Service user or to us, is your sole responsibility. Though the Services are designed to be a safe place to share such User Content, the Company cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services. THE COMPANY IS NOT RESPONSIBLEFOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICES.
By posting any User Content at the Services, you hereby grant the Company a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section; and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.
You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, its users and the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to the Company worldwide. Posting of User Content to or through the Services, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or is to be implied by Silver Chalice’s review or subsequent use of your User Content. The Company shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Services. THE COMPANY SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SERVICES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Services to:
- Upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including without limitation, nudity and depiction of drug use);
- harm minors in any way;
- impersonate any person or entity, including, but not limited to a representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
- upload, post, email or otherwise transmit any User Content that you do not have a right to transmit 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);
- upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email or otherwise transmit 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;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- “stalk” or otherwise harass another;
- collect or store personal information or data about other Service users, or disclose another user’s personal information or data to any third party;
- solicit personal information or data from anyone under 18 years of age; and/or
- “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.
You understand that by using the Services, you may be exposed to User Content created by others that is offensive, indecent or objectionable. The Company does not endorse or have control over what is posted as User Content. User Content is not reviewed by the Company prior to posting and does not reflect the opinions or policies of the Company. The Company makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Services. Parents should use appropriate parental discretion in determining whether to grant authorization to minor children to access the Services. The Company assumes no responsibility for monitoring the Services for inappropriate submissions or conduct, but reserves the right to do so. If at any time the Company chooses, in its sole discretion, to monitor the Services, the Company nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Services users submitting any such User Content. Notwithstanding the foregoing, the Company and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise objectionable, in the Company’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content. The Company may store User Content indefinitely. However, the Company has no obligation to store User Content or make it available to you in the future.
You are solely responsible for your interactions with other Service users. The Company reserves the right, but has no obligation, to monitor disputes between you and other Service users, including disputes regarding the exchange of virtual currency or goods. The Company reserves the right to terminate your Services access if the Company determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback using forms on the Services. Any comments, suggestions, or feedback relating to the Services (collectively “Feedback”) submitted to the Company shall become the property of the Company. The Company will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, application, site, Services or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services, or operations, in the future. Without limitation, the Company will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not the Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
5. Links; Third Party Websites
Links on the Services to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that the Company and its Affiliated Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. The Company expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for 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 or third party application provider. You agree that the Company and its Affiliated Parties 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 or third party application providers on the Services.
The Company is not responsible for any product or service (including third party applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
6. Disclaimer; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COMPANY, AND SILVER CHALICE VENTURES, LLC AND THEIR OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES AND THE COMPANY’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “THE COMPANY AND ITS AFFILIATED PARTIES”) PLEASE CONFIRM THIS IS ALL INCLUSIVE OF THE RELEVANT ENTITES. EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE COMPANY AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL SERVICES AND PRODUCTS PURCHASED AND OBTAINED ON OR THROUGH THE SERVICE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES (INCLUDING VIRTUAL SERVICES OR THIRD PARTY APPLICATIONS OR SUBSCRIPTIONS) LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SILVER CHALICE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT OR SERVICE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, SERVICE OR PRODUCT MISUSE, SERVICE OR PRODUCT ABUSE, SERVICE OR PRODUCT MODIFICATION, IMPROPER SERVICE SELECTION AND NON-COMPLIANCE WITH ANY WRITTEN DIRECTIONS.
THE COMPANY AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY DEFECTIVE PRODUCTS; (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION, OR SERVICE PURCHASED BY YOU FROM THE COMPANY ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the Company and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Services, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Services, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Services.
8. Subscription Services
Certain Services are provided to you free-of-charge, while other Services, including Silver Chalice Premium Content (“Premium Content”), require payment before you can access them. If you choose to subscribe to Premium Content, please review the provisions of this section, in addition to all of the other provisions of these Terms. If you are not a subscriber of Premium Content, then this section does not apply to you. References to Services throughout these Terms may include Premium Content.
- Premium Content Account Information: You can access, review and revise certain details regarding your Premium Content subscription, including your credit card information or other payment method information (“Payment Method”), on the website where you purchased your subscription at any time by clicking the “Edit Profile” button which appears in various places on the site when you are logged in.
- Premium Content Related Emails: As part of Premium Content, you understand and agree that from time to time Silver Chalice may send emails to the email address you provided when you purchased your subscription and you agree to receive these emails even if you have opted out of receiving other email from Silver Chalice . If you do not want to receive Premium Content emails, you may cancel your Premium Content subscription at any time as provided in Section 8., Part 6. below.
- Payment of Fees: By providing your Payment Method information for a subscription, you agree to pay a monthly or annual subscription fee as well as applicable sales taxes and service fees (“Fees”) in exchange for accessing Premium Content. The Fees will be charged to your Payment Method automatically at the beginning of your subscription term (or at the end of your Trial Period where applicable and as described in Section 8., Part .5 below), and at the beginning of each monthly renewal mensiversary or annual renewal anniversary thereafter on the calendar day corresponding to the commencement of your subscription unless you cancel your subscription or your account or your access to Premium Content is suspended or terminated pursuant to these Terms. If your subscription begins after the 28th day of a month, then in any subsequent month or year in which that day does not occur, Silver Chalice will charge your Payment Method on approximately the last day of such month. The Fees charged to your Payment Method may vary from month to month (monthly subscriptions) or year to year (annual subscriptions) due to changes in your subscription plan’s price, applicable sales taxes or service fees, and you authorize Silver Chalice to charge your Payment Method for these differing amounts. Silver Chalice reserves the right to change the pricing for Premium Content at any time. In the event of a price change, Silver Chalice will attempt to notify you in advance by sending an email to the address you have registered for your account. If you do not wish to accept a price change, you may cancel your Premium Content subscription as described in Section 8., Part 6. below. If there are any discrepancies in your bill, you hereby waive your right to dispute such discrepancies if you do not notify Silver Chalice within 60 days after they first appear on an account statement. YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.
- Subscription Refunds: ALL FEES ARE NON-REFUNDABLE. As described further in Section 8., Part 6. below, even if you cancel Premium Content during a monthly or annual subscription period, you will not receive a refund for any portion of the Fees for the remainder of that subscription period. In rare circumstances, Silver Chalice may provide a credit, refund, discount, or other consideration to some or all of its subscribers (“Credits”). The amount and form of such Credits, and the decision to provide them, are at Silver Chalice’s sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
- Trial Periods: Silver Chalice may provide a limited free trial period (“Trial Period”) to new users and certain former subscribers at its sole discretion, but is under no obligation to do so, and Trial Periods may not be available at all times. The specific terms of a Trial Period will be stated in any marketing material describing the particular Trial Period. If Silver Chalice provides you with a Trial Period, you must provide valid Payment Method information to Silver Chalice in order to use Premium Content during the Trial Period. Silver Chalice will not charge you in connection with the Trial Period. If you do not cancel Premium Content by the last day of your Trial Period, you authorize Silver Chalice to begin your paying subscription and automatically charge your Payment Method for your first paying monthly or annual subscription period at the end of your Trial Period. SPORTLABS WILL NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYING SUBSCRIPTION HAS BEGUN. IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE LAST DAY OF YOUR TRIAL PERIOD. A “day” for purposes of these Terms begins at the time you start your subscription (i.e., complete the sign up process), and ends 24 hours later. For example, if you complete your registration at 3:00 p.m. on a Monday in your time zone, and your Trial Period is 2 days, you have until 2:59 p.m. on Wednesday in your time zone to cancel your subscription before your paying subscription will begin. You may only have one Trial Period before you must begin paying for Premium Content. If you exceed this limit, Silver Chalice may charge your Payment Method for any Trial Period after the first, or suspend your use of Premium Content, in its sole discretion.
- Unpaid Account Balances: If you fail to pay any Fees when due, as a result of expiration of your Payment Method, insufficient funds, or otherwise, (1) you will remain liable for all such Fees, as well as any additional costs which Silver Chalice may incur in collecting any amounts you fail to pay in connection with Premium Content, including attorney and collections fees; and / or (2) you authorize Silver Chalice to continue charging your Payment Method, as your Payment Method information may be updated as described in Section 8., Part 1. above; and / or (3) we may suspend or terminate your subscription. Changing your Payment Method information may affect the day of your monthly or annual subscription renewal.
- Promotional Codes: From time to time, promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion, can only be used once, cannot be redeemed for cash, and may or may not be combined with other offers, subject to certain restrictions as determined by Silver Chalice in its sole discretion. Additional conditions may apply if you received a promotional code through an offer by a third party.
- Maximum Media Streams: You may only use a maximum of two simultaneous streams (measured across all available Premium Content) at any time regardless of the number of devices that Silver Chalice permits you to use with Premium Content. Silver Chalice may change the maximum number of simultaneous streams of Premium Content that you may use at any time in its sole discretion.
- Broadcast and Territory Restrictions: Premium Content is only available to United States-based users and you may only use Premium Content for your own personal, non-commercial purposes. Certain features and Content may only be available to users in certain locations, during certain periods, and on certain devices, and the availability of certain features and Content may change over time. Under certain circumstances, access to content may be geographically limtied (i.e., geo-blocked content). Additionally, it’s possible your location may not be identified accurately by the technology used for Premium Content, so you may be unable to access certain features and Content even if you are located in an area in which Silver Chalice intend to provide access. You consent that Silver Chalice and its third party providers may use certain technologies to determine your location for purposes of providing Premium Content and you affirm that you will not employ certain technologies to circumvent detection of your location or falsely identify your location. Silver Chalice will not be liable to you for any blackouts, location-based limitations, device-based limitations, Content-viewing windows, changes in Silver Chalice content rights, availability of Content, or other restrictions or limitations in connection with Premium Content.
- Hardware Requirements: Premium Content can be viewed on most iOS and Android mobile devices. You can also view it on your Mac or PC. Content is delivered via mobile and desktop web browsers and Silver Chalice generally certifies Premium Content can be viewed using the most current and last (current – 1) versions of Chrome, Firefox and Safari. Internet Explorer is supported on a strictly “best effort” basis.
- Quality of Service: The technology delivering Premium Content is designed to detect your available network bandwidth and adjust stream quality to best deliver an uninterrupted stream. As a result, the time it takes to begin watching Premium Content and the display resolution of Premium Content may vary from device-to-device. Factors that may impact your experience include: your location, the speed of your Internet connection, and the computing power of your device. Silver Chalice makes no representations or warranties about the quality of the Premium Content experience on your device.
- Updates and Testing: Silver Chalice reserves the right to update and change Premium Content, including its features and the available Premium Content selection, at any time. In addition, Silver Chalice reserves the right to test various aspects of Premium Content and by using Silver Chalice’s Services you agree that Silver Chalice may include or exclude you from these tests without notice.
9. Service Usage; Termination of Usage
You are required to establish an account and/or to register on the Services in order to take advantage of certain features of the Services. If you provide information on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Services, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or the Company has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, the Company has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
You will create a username and password while completing the account and/or profile 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. The Company reserves the right to refuse registration of, or cancel, a username in its sole discretion. You agree to (a) immediately notify the Company 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. You agree to be responsible for all actions resulting from the use of your account on the Services, including actions resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying the Company. The Company and its Affiliated Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. You agree not to post on or transmit through the Service any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.
You further agree that you will not access the Services by any means except through the interface provided by the Company for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of the Company is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of the Company is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.
The Company makes no representation that Materials contained on the Services or products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not the Company and its Affiliated Parties, are responsible for compliance with applicable local laws.
This Agreement is effective unless and until terminated by either you or the Company. You may terminate this Agreement at any time, provided that you discontinue any further use of the Services. The Company also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Services, for any reason, including without limitation, if in the Company’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or the Company and its Affiliated Parties. Upon any termination of the Agreement by either you or us, you must promptly uninstall the mobile application and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under the Agreement or otherwise. Additionally, upon termination, all achievements, virtual items and/or virtual currency that you have acquired may, in Silver Chalice’s sole discretion, be terminated and forfeited. You have no property rights in any achievements, virtual items and/or virtual currency. Any fees paid hereunder are non-refundable.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that the Company and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
You agree that the Company may terminate or suspend your access to all or part of the Services, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or the Company and its Affiliated Parties.
Sections 6., 7., 9. and 12. shall survive any termination of this Agreement.
10. Rules For Sweepstakes, Contests, Raffles, Surveys And Similar Promotions
Pursuant to 47 U.S.C. Section 230 (d) as amended, Silver Chalice hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at www.staysafe.org
12. Applicable Law; Jurisdiction; Dispute Resolution
The Services are controlled and operated by the Company from within the United States of America, and is intended for use only by residents of the United States. The Company makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
13. Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
14. Entire Agreement
The failure of the Company and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the Company and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
It is Silver Chalice’s policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. By accessing the Service(s), you affirm that you are 18 years of age or older, are an emancipated minor or have the consent of a parent / legal guardian and, thus, are fully capable and competent to abide by the obligations set forth in these Terms of Services.
16. Copyright Policy
Silver Chalice respects the intellectual property rights of others and require that Service users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- A physical signature of the person authorized to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Services;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
17. Contact Information
If you have any comments, questions, or complaints regarding this Agreement or the Services, or wish to report any violation of this Agreement, please contact us at email@example.com or SportsLabs, 1468 Pearl St., Suite 200, Boulder, CO 80302. SportsLabs will address any issue to the best of its abilities as soon as possible.
©2015 SILVER CHALICE / SPORTSLABS All rights reserved.