Terms of Use This is a legal contract between you and Sportsfly, a division of Snap TV, Inc. By using the Sportsfly Website (“the Website”) you agree to be bound by these Terms of Use (this “Agreement”) whether or not you register as a member (“Member”). Please read the following terms and conditions carefully, if you wish to become a Member and make use of the Sportsfly service (the “Service”). If you do not agree to these terms and conditions, you may not use the Sportsfly Service and should not proceed to register. By using the Sportsfly Website and/or Service you are agreeing to be bound by this Agreement. This Agreement remains in full force and effect while you use the Sportsfly Service and/or are a Member of the Sportsfly Website.
Must Be 18 Years Old You must be eighteen years of age or older to register as a Member or use the Sportsfly Website. Membership in the Service is void where prohibited. By using Sportsfly 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.
Personal Information Sportsfly respects the privacy rights of our online visitors and recognize the importance of protecting the information collected about you. All information supplied by you is confidential and shall not be used or disclosed by Sportsfly except for the purposes for which such information was collected, or as required by law. E-mails sent between you and other Sportsfly Members are not readily accessible to the general public and will be treated as private to the extent required by applicable law. You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Sportsfly Website, or transmit to other Sportsfly Members. Posting on your Profile any personal information about yourself is your sole responsibility. However, Sportsfly advises you not to post any phone numbers, email addresses or home addresses. You are the provider of any and all information submitted by you on the Sportsfly Website. Sportsfly will in no event be responsible for any incidental, consequential, exemplary, or other damages arising from or related to your use of the Sportsfly Website.
Safeguarding Personal Information Sportsfly will only collect and use personal information in accordance with this privacy policy to the extent deemed reasonably necessary to serve our legitimate business purposes, and we will maintain appropriate safeguards to ensure the security, integrity, accuracy and privacy of the information you have provided. In addition, we will take reasonable steps to assure that third parties to whom we transfer any personal information will provide sufficient protection of that information.
Third Party Sites If you click on a link to a third party site, including on any advertisement, you will leave the Sportsfly site and go to the site you selected. Because Sportsfly cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as Sportsfly. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to the Sportsfly site, you should consult that site's privacy policy before providing any personal information.
Termination This Agreement and the Sportsfly Membership privileges represented by this Agreement may be terminated by either party at any time. Termination will include termination of Member's access to all Sportsfly Services. Sportsfly may terminate for any reason, without explanation, effective upon sending proper notice to the other party. Should you have any questions regarding memberships, account status, or deletion of your account, please e-mail Sportsfly at info@sportsfly.com.
Member Disputes Sportsfly will not be held accountable or liable for issues or claims arising out of any interaction among Sportsfly Members. You agree not to hold Sportsfly liable for any legal, financial or any other claim resulting from your use of the Sportsfly Website.
No Offensive Content All Member postings or uploaded graphic images or videos to a Member's profile must be within the legal bounds of the law. You agree to and understand that the Sportsfly Website is strictly a non-pornographic Website. No illegal, or child pornography is permitted within the Sportsfly Website. All Profiles and community forums are screened randomly for such content. We ask each person viewing Profiles to be aware of this, and report any offensive or illegal activity immediately, by sending an email to info@sportsfly.com. Any illegal or pornographic postings or an allusion to any illegal or pornographic content or material is strictly prohibited.
Membership Etiquette You agree not to harass or bother any Sportsfly Members, and you agree not to use profane, vulgar, offensive language, illegal and/or any content that might violate the rights, harm, or threaten the safety of Sportsfly Members. You agree not to disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text]. You agree not to impersonate another person (including celebrities), indicate that you are an Sportsfly employee, or attempt to mislead users by indicating that you represent Sportsfly or any of Sportsfly 's partners or affiliates.
Unauthorized Advertising You agree not to a) post any forms of advertisement on the Sportsfly Website, b) post any URL's on the Website that would link to advertisements or be cause to purchase a product or sign-up for a service, or c) send chain letters or spams to other Sportsfly Members.
Disclaimer The Sportsfly Service is provided on an “As is” basis and without warranties of any kind, expressed implied, in any communication with provider or its representatives, or otherwise with respect to the Sportsfly Service. Sportsfly specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Sportsfly assumes no responsibility for any interruption in service, communication failures, computer viruses, omission, deletion, defect, delay in operation or transmissions, communications line failure, theft or destruction or unauthorized access to, or alteration of, user Member communications. Sportsfly is not responsible for any technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or media 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 web and/or in connection with the Sportsfly Service. Under no circumstances will Sportsfly be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Sportsfly Website or Service, any content posted on the Sportsfly Website or transmitted to Sportsfly Members, or any interaction between Sportsfly Members whether online or offline.
Copyright All content on the Sportsfly Website is the sole property of Sportsfly or its content providers and is protected by copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Sportsfly Website is exclusive property of Sportsfly and protected by U.S. and International copyright laws. Except as otherwise required by applicable law, any download, copy, reproduction, modification, distribution, publication, transmission, transfer, sale, license, display, performance, or adaptation of the content is strictly prohibited.
Trademarks SPORTSFLY and SPORTSFLY.COM and anything pertaining to this Service or the games is the trademark of Sportsfly and Snap TV, Inc. All other trademarks, logos, service marks, company or product names mentioned on the Sportsfly Website is the property of their respective owners.
Limitation of Liability In no event will Sportsfly be liable to you or any third person for any incidental, consequential, indirect, exemplary, special or punitive damages (including, but not limited to damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Sportsfly Service, even if Sportsfly or its agents or representatives know or have been advised of the possibility of such damages including damages to any person other than you. Notwithstanding anything to the contrary contained herein, Sportsfly liability to you for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Sportsfly for the Sportsfly Service during the term of Membership.
Sportsfly is not required in any way to screen the Members registering to the Sportsfly Website. As a result, Sportsfly will not be liable to you or any third person for any incidental, consequential, indirect, exemplary, special or punitive damages arising out of the use of this Service, including, without, limitation, to damages arising out of communicating and/or meeting with other Members of this Service, or introduced to you via this Service. Such damages include, without limitation, physical damages, bodily injury, and or emotional distress and discomfort.
It is possible that other Sportsfly Members or users (including but not limited to unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on Sportsfly 's Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of this Service, and that the recipient may use such information to harass or injure you. Sportsfly is not responsible for the proper or improper use of any personal information that you disclose on the Sportsfly Website. Please carefully select the type of information you post on the Sportsfly Website or release to others.
Mediation Member and Sportsfly agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request to mediate has been made, then that party shall not be entitled to recover attorney fees, even if attorney fees would otherwise be available to that party in any such action.
Arbitration Member and Sportsfly agree that any dispute or claim in law or in equity arising between them out of this Agreement or any resulting transaction which is not settled through mediation shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with experience in the legal area of intellectual property rights and/or licensing, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this Agreement to arbitrate shall be governed by the Federal Arbitration Act.
The following matters are excluded from mediation and arbitration: 1) an action or proceeding to enforce a binding arbitration award; 2) an action or proceeding to enforce a restraining order or injunction; and 3) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction or other provisional remedies, shall not constitute a waiver of the mediation and arbitration provisions.
NOTICE: BY USING THE SPORTSFLY WEBSITE AND/OR SERVICE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL, BINDING ARBITRATION, AS PROVIDED BY CALIFORNIA LAW, AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY CLICKING I AGREE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL, BINDING ARBITRATION.
Contact Us Should you have any questions or concerns about this Terms of Use, please e-mail us at info@sportsfly.com.
RULES FOR PRIZING & CONTESTS
Official Rules For Prizing By participating in the Games, the entrants agree to be bound by the Official Rules. These rules will be interpreted in Sportsfly's sole discretion, and all determinations made pursuant to these rules by Sportsfly are final and binding.
Gambling Prohibited Sportsfly and its related contests, tournaments, games and media is strictly for entertainment purposes and may not be used in connection with any form of gambling whatsoever. Promotion of gambling sites from this site is prohibited.
No Entry Fee All the sports trivia games and contests require no entry fee or admission price. Players can participate without making any form of payment; without being required to purchase any items; without having to subscribe to any service; or without relinquishing any information.
Skill-Based Games & Contests All the challenges and sports trivia games and contests are contests that are determined solely by skill. The challenges, puzzles and games included in the portal are NOT determined by chance. Sportsfly reserves the right to introduce new games and cancel games in its sole discretion.
Eligibility Open to legal residents of the United States and Canada (excluding Quebec) who already have connection to the Internet and an e-mail account. U.S. legal residents must be 18 years or older to become a Member, enter a contest or win prizes. Canadian legal residents must have reached the age of majority in their state/province of residence to participate. Employees, officers, and directors of Sportsfly, along with its affiliated entities, parent, subsidiaries, advertising, promotion and fulfillment agencies, legal advisors, their immediate family members and persons living in their same household, are not eligible to participate or receive prizes.
Points The company endeavors to keep users engaged and active through the awarding of FlyPoints. FlyPoints are earned by playing free, skill-based casual games on the Sportsfly Website. The company is under no obligation to award prizes for FlyPoints and may at anytime eliminate the point system and may eliminate any outstanding points accrued by any player. Points may be subject to retirement, if they are not redeemed within a certain period to be decided by the Company. FlyPoints are to be earned exclusively on Sportsfly's site only according to these Official Rules. Sportsfly has the right to immediately terminate a player's Account and permanently disqualify the player from access to Games, if Sportsfly determines that the player has bought or sold or otherwise acquired FlyPoints for use on Sportsfly's site for any purpose.
Drawings The company endeavors to keep users engaged and active by allowing the redemption of Fly Points for tickets. Tickets can be used to enter a drawing and win a designated prize through a random drawing. Members may enter a drawing as many times as they wish. The drawings are automated and conducted randomly. The drawings are broken into four tiers: Daily, Weekly, Monthly and Jackpot. Each drawing has a set date for the drawing that is clearly specified on the prize redemption page. The odds will vary depending on the number of tickets that have been submitted for that drawing. Sportsfly reserves the right to postpone or cancel a drawing at its sole discretion.
Prizes Prizes are won through the entering of a drawing. Prizes are randomly drawn at a specific date and time as specified on each prize redemption page. The Company reserves the right to change the prize, the value of the prize, the date and time at which the prize will be drawn as well as the odds from which the winner will be selected. There are no limits as to the number of prizes that may be redeemed by any individual person. Prizes are broken into four tiers: Daily, Weekly, Monthly and Jackpot. Prize values vary from $25 to $4,990. No prize will exceed the prize value limit of $4,999.
Notification of Winners Sportsfly will notify winners by e-mail. Sportsfly is not responsible for late, lost, or misdirected notification. E-mail notifications do not constitute a guarantee of payment of any kind. Sportsfly will verify the eligibility of the winners prior to awarding any prize. Prizes may not be transferred or substituted, except that Sportsfly may substitute prizes of equal or greater value at its sole discretion. In the event a winner does not or cannot accept any prize for any reason within seven (7) days after being notified by Sportsfly by email that he/she is the winner, his/her prize will be forfeited. Winners will be required to agree (in writing) to an Affidavit of Eligibility and to provide their full name, address, city, state, postal code, Social Security Number (or Canadian Social Insurance Number) and date of birth, and, where lawful, a Liability and Publicity Release within seven (7) days of notification, or winner's prize may be forfeited. Prizes will be mailed, within sixty (60) business days after Sportsfly's receipt of the completed Affidavit of Eligibility and, where applicable, the Liability and Publicity Release. All federal, state, provincial and/or local taxes/duties are the sole responsibility of the winner. By accepting the Prize and executing the Liability and Publicity Release, each winner agrees that Sportsfly may post winner's name on a list of winners, and may use the winner's name, voice, likeness, biographical information, winning entry and statements accurately attributed to winner for the purpose of advertising, trade, or promotion purposes without further notification or compensation.
Obtaining A List Of Winners A list of previous winners can be viewed on the "Recent Winners" tab on the Sportsfly website.
Automated Scripts Users may only play the Games with one type, version or copy of browsing software application at any one time. The use of machines, computers, scripts or any automated system to play the Games ("Automated Cheats") is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. The accumulation of Fly Points generated through Automated Cheats is also strictly prohibited, regardless of whether the Automated Cheat was used in connection with your account. Sportsfly's determination of whether an Account is accumulating tickets generated through Automated Cheats is in Sportsfly's sole discretion.
Acquiring Points Illegally Fly Points or tickets are to be acquired on Sportsfly's site only according to these Official Rules. Sportsfly has the right to immediately terminate a Member's Account and permanently disqualify the player from access to Sportsfly if Sportsfly determines that the player has bought or sold or otherwise acquired Fly Points or tickets for use on Sportsfly's site for any purpose.
Disqualification Or Termination Sportsfly may terminate and permanently disqualify any entrants in any prize drawing or other activity on Sportsfly's site who Sportsfly, in its sole discretion, determines as being in violation of these Official Rules. If Sportsfly terminates a player's Sportsfly Account and/or disqualifies a player from the play of any Game(s), the player will immediately lose any right of access to any FlyPoints and other digital content associated with his or her Account. All decisions by Sportsfly are final.
Limitation of Liability Sportsfly their parent, subsidiaries, and affiliated companies, agents, and representatives" are not responsible for error, omission, interruption, deletion, defect, or delay in operations or transmission; theft or destruction or unauthorized access or alterations of entry materials, computer transmissions, or for technical telephone equipment, electronic, hardware or software, network, Internet, or computer malfunctions of any kind; or inaccurate transmission of, or failure to receive entry information by Sportsfly on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. Sportsfly, their parent, subsidiaries, and affiliated companies, agents, and representatives" are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed software transmissions which may limit a participant's ability to participate, or damage user's system as a result of participation, or downloading any information necessary to participate in the Games. If technical difficulties compromise the integrity or ability to continue online registration or play, Sportsfly reserves the right to terminate the Games prior to the stated date by which all registrations must be received.
By participating in the Games, the entrants agree to be bound by the Official Rules. These rules will be interpreted in Sportsfly's sole discretion, and all determinations made pursuant to these rules by Sportsfly are final and binding. Sportsfly, their parent, subsidiaries, and affiliated companies, agents, and representatives are not responsible for: (i) Any condition caused by events beyond their control that may cause the Games, the entry process, or the website to be disrupted or corrupted; (ii) Any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use or misuse of any prize, or from participation in the Games; (iii) Any printing or typographical errors in any materials associated with the Games or the entry process. Sportsfly reserves the right, in its sole discretion, to suspend or cancel Games in whole or in part, in the event of technical or other difficulties. By participating in the Games, each participant agrees to release and hold Sportsfly, its parent, subsidiaries and affiliated companies, and the employees, officers, directors, shareholders, agents, representatives of Sportsfly, its parent, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Games, the entry process, or resulting from acceptance, possession, or use or misuse of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
Contact Us Should you have any questions or concerns about the Rules For Prizing & Contests, please e-mail us at info@sportsfly.com.
MEMBERSHIP REPRESENATIONS
By joining Sportsfly as a Member, your representations and agreements are relied upon in trust and confidence under the laws of California and the United States.
MEMBERSHIP ACCEPTANCE Your acceptance of the above contract is verification that you are at least 18 years of age. Any violation of the above rules and agreement will result in your removal from the Sportsfly service. Sportsfly reserves the right to change this Agreement from time to time, and post the new version of the Terms & Conditions on the Sportsfly Website. When doing so, Sportsfly will notify you of the fact that there are changed terms and the new version will take effect immediately. I have read this agreement and agree to all of the provisions contained above.