Terms of use
Last Updated: December 6, 2024
Sportly Learning, LLC is pleased to provide to you its site, software, applications, content, products and services (“Sportly Services”). These terms govern your use and our provision of the Sportly Services on which these terms are posted, as well as Sportly Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Sportly Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SPORTLY SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1. Contract between You and Us
This is a contract between you and Sportly, LLC, a New York Limited Liability Company with a principal place of business of 1097 Boston Post Rd. Apt. 1, Rye, NY 10580. You must read and agree to these terms before using the Sportly Services. If you do not agree, you may not use the Sportly Services. These terms describe the limited basis on which the Sportly Services are
available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some Sportly Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Sportly Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over
these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Sportly Services. If you do not agree to any change to these terms, you must discontinue using the Sportly Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Sportly Services) if you fail to comply with any provision of these terms.
2. The Sportly Services
The Sportly Services are for your personal, noncommercial use and are intended for informational purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
The Sportly Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Sportly Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Sportly Services may be used or exploited in
any way other than as part of the Sportly Services offered to you. You may own the physical media on which elements of the Sportly Services are delivered to you, but we retain full and complete ownership of the Sportly Services. We do not transfer title to any portion of the Sportly Services to you.
Data Collected
Some data collected includes the IP address of every visitor that visits the Sportly websites, uses any software from Sportly Learning, or uses the Sportly Services.
Users that create accounts for the Sportly Services will need to provide the user’s name, address, e-mail address, and create a password for the account.
Users will need to register with us, participate in public forums or other activities on our websites and applications, respond to customer surveys, or otherwise interact with us.
We collect information through technology, such as cookies, including when you visit our sites and applications or use our applications on third-party sites or platforms. All browers allow users to disable cookies, though disabling cookies may disable website and software functionality.
Content and Software License
If a Sportly Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Sportly Service; decompile, reverse engineer, disassemble or otherwise reduce any Sportly Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Sportly Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Sportly Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Sportly Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE SPORTLY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Changes to the Sportly Services
The Sportly Services are constantly evolving and will change over time. If we make a material change to the Sportly Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of the Sportly Services
We do not allow uses of the Sportly Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Sportly Service or connected network, or interfere with any person or entity’s use or enjoyment of any Sportly Service. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Sportly Service or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Sportly Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
The Sportly Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.
If you access a Sportly Service using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Sportly
Services. You agree that your access to the Sportly Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
Mobile Networks
When you access the Sportly Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Sportly Services may be prohibited or restricted by your network provider and not all Sportly Services may work with your network provider or device.
3. Your Content and Account
Accounts
Some Sportly Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation
with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian.
You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian, even though the Sportly Serviecs are not meant for users under 13 years old. Please see the Sportly Privacy Policy.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Sportly Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Sportly Services.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
4. Additional Provisions
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
Severability
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
Waiver
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.